Large Diameter Welded Pipe From India: Final Determination of Sales at Less Than Fair Value; 2017, 56811-56813 [2018-24806]
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Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations at
the hearing will be limited to issues
raised in the case and rebuttal briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.37
All submissions, with limited
exceptions, must be filed electronically
using Enforcement and Compliance’s
AD and CVD Centralized Electronic
Service System (ACCESS).38 ACCESS is
available to registered users at https://
access.trade.gov and in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. An
electronically filed document must be
received successfully in its entirety by
ACCESS, by 5 p.m. Eastern Time (ET)
on the due date. Documents excepted
from the electronic submission
requirements must be filed manually
(i.e., in paper form) with the APO/
Dockets Unit in Room 18022 and
stamped with the date and time of
receipt by 5 p.m. ET on the due date.39
Commerce will issue the final results
of these changed circumstances reviews,
which will include its analysis of any
written comments, no later than 270
days after the date on which this review
was initiated.
The current requirement for cash
deposits of estimated antidumping and
countervailing duties on all entries of
subject merchandise will continue
unless until they are modified pursuant
to the final results of these changed
circumstances reviews.
This notice is published in
accordance with sections 751(b) and
777(i) of the Act.
Dated: November 5, 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
[FR Doc. 2018–24798 Filed 11–13–18; 8:45 am]
BILLING CODE 3510–DS–P
37 See
19 CFR 351.310(d).
generally 19 CFR 351.303.
39 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
38 See
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–881]
Large Diameter Welded Pipe From
India: Final Determination of Sales at
Less Than Fair Value; 2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
large diameter welded pipe from India
are being, or are likely to be, sold in the
United States at less than fair value
(LTFV) for the period of investigation
January 1, 2017, through December 31,
2017
DATES: Applicable November 14, 2018.
FOR FURTHER INFORMATION CONTACT: Kate
Johnson at (202) 482–4929 or Jaron
Moore at (202) 482–3640, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 27, 2018, Commerce
published in the Federal Register the
Preliminary Determination of sales at
LTFV of large diameter welded pipe
from India and invited interested parties
to comment.1 We received comments
from the petitioners,2 agreeing with our
affirmative preliminary determination to
apply total adverse facts available (AFA)
to the non-responsive companies.3 No
other interested party submitted
comments. Accordingly, we made no
changes to the Preliminary
Determination.
Period of Investigation
The period of investigation is January
1, 2017, through December 31, 2017.
Scope of the Investigation
The product covered by this
investigation is large diameter welded
pipe from India. For a full description
of the scope of this investigation, see the
1 See Large Diameter Welded Pipe from India:
Preliminary Determination of Sales at Less Than
Fair Value, 83 FR 43653 (August 27, 2018)
(Preliminary Determination) and accompanying
Preliminary Decision Memorandum.
2 The petitioners are American Cast Iron Pipe
Company, Berg Steel Pipe Corp., Berg Spiral Pipe
Corp., Dura-Bond Industries, and Stupp
Corporation, individually and as members of
American Line Pipe Producers Association; Greens
Bayou Pipe Mill, LP; JSW Steel (USA) Inc.; Skyline
Steel; and Trinity Products LLC.
3 See Petitioners Letter, ‘‘Case Brief of
Petitioners,’’ dated September 26, 2018.
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Fmt 4703
Sfmt 4703
56811
‘‘Scope of the Investigation,’’ at the
Appendix to this notice.
Scope Comments
During the course of this investigation
and the concurrent LTFV investigations
of large diameter welded pipe from
Canada, Greece, Korea, the People’s
Republic of China (China) and Turkey,
and the concurrent countervailing duty
investigations of large diameter welded
pipe from China, India, Korea and
Turkey, Commerce received scope
comments from interested parties.
Commerce issued a Preliminary Scope
Decision Memorandum 4 to address
these comments. In the Preliminary
Determination, Commerce set aside a
period of time for parties to address
scope issues in scope case and rebuttal
briefs. No interested parties submitted
scope comments in scope case or scope
rebuttal briefs. Therefore, for this final
determination, the scope of this
investigation remains unchanged from
that published in the Preliminary
Determination.
Use of Adverse Facts Available
The mandatory respondents Bhushan
Steel (Bhushan) and Welspun Trading
Limited (Welspun) failed to participate
in this investigation.5 Therefore, in the
Preliminary Determination, pursuant to
sections 776(a)(1), 776(a)(2)(A)–(C), and
776(b) of the Act, we determined for
Bhushan and Welspun an estimated
dumping rate based on AFA. No parties
filed comments in opposition to our
Preliminary Determination with respect
to Bhushan and Welspun and there are
no comments or information on the
record that would cause us to revisit our
preliminary AFA determinations.
Accordingly, we continue to find that
the application of AFA pursuant to
sections 776(a) and (b) of the Act is
warranted with respect to Bhushan and
Welspun. In applying total AFA, we
have determined for Bhushan’s and
Welspun’s exports of the subject
merchandise an estimated dumping
margin of 50.55 percent, which is the
only dumping margin alleged in the
Petition 6 and which has been
corroborated to the extent practicable
4 See Memorandum, ‘‘Scope Comments Decision
Memorandum for the Preliminary Determinations,’’
dated June 19, 2018 (Preliminary Scope Decision
Memorandum).
5 See Preliminary Determination Memorandum at
4–8.
6 See 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
(Petition).
E:\FR\FM\14NON1.SGM
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56812
Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices
within the meaning of section 776(c) of
the Act.7
‘‘All-Others’’ rate on the only dumping
margin alleged in the Petition,8 in
accordance with section 735(c)(5)(B) of
the Act. We made no changes to the
All-Others Rate
As discussed in the Preliminary
Determination, Commerce based the
selection of this rate for this final
determination.
Final Determination
The final estimated dumping margins
are as follows:
Dumping
margin
(percent)
Exporter/producer
Bhushan Steel .........................................................................................................................................................
Welspun Trading Limited .........................................................................................................................................
All-Others .................................................................................................................................................................
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, for this final
determination, we will direct U.S.
Customs and Border Protection (CBP) to
continue to suspend liquidation of all
entries of large diameter welded pipe
from India, as described in the
Appendix to this notice, which are
entered, or withdrawn from warehouse,
for consumption on or after August 27,
the date of publication in the Federal
Register of the affirmative Preliminary
Determination.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d),
Commerce will instruct CBP to require
a cash deposit for such entries of
merchandise equal to the estimated
dumping margin, as follows: (1) The
cash deposit rate for the respondents
listed above will be equal to the
respondent-specific estimated dumping
margin determined in this final
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 respondent-specific
estimated weighted-average dumping
margin 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
estimated dumping margin for all other
producers or exporters. These
suspension-of-liquidation instructions
will remain in effect until further notice.
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
7 See Preliminary Determination Memorandum at
7–8.
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18:29 Nov 13, 2018
Jkt 247001
has made a final affirmative
determination for countervailable export
subsidies,9 Commerce offsets the
estimated weighted-average dumping
margin by the appropriate CVD rate.
Any such adjusted rates may be found
in the ‘‘Final Determination’’ section,
above. However, provisional measures
expired in the companion
countervailing duty investigation on
October 26, 2018. Accordingly, we will
direct CBP to collect the estimated
antidumping cash deposits unadjusted
for countervailed export subsidies. In
the event of an affirmative
determination by the International
Trade Commission (ITC), Commerce
will issue antidumping and
countervailing duty orders and direct
CBP to collect the cash deposit rate, as
adjusted for export subsidies.
Disclosure
The dumping margins assigned to the
mandatory respondents in this
investigation are based on AFA. As
these margins are based on the dumping
margin alleged in the Petition, and
because we made no changes to the
Preliminary Determination, there are no
calculations to disclose for this final
determination.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify ITC of the final
affirmative determination of sales at
LTFV. In addition, we are making
available to the ITC all non-privileged
and non-proprietary information related
to this investigation. We will allow the
ITC access to all privileged and business
proprietary information in our files,
provided the ITC confirms that it will
not disclose such information, either
8 See Petition; see also Preliminary Determination
Memorandum at 8–9.
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Sfmt 4703
50.55
50.55
50.55
Cash deposit
rate
(adjusted
for export
subsidies
offset)
(percent)
16.85
16.85
16.85
publicly or under an administrative
protective order (APO), without the
written consent of the Assistant
Secretary for Enforcement and
Compliance. Because Commerce’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of large diameter welded
pipe, no later than 45 days after this
final determination. If the ITC
determines that such injury does not
exist, this proceeding will be
terminated, and all cash deposits posted
will be refunded. If the ITC determines
that such injury does exist, Commerce
will issue an antidumping duty order
directing CBP to assess, upon further
instruction by Commerce, antidumping
duties on all imports of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the effective date of the suspension
of liquidation, as discussed above in the
‘‘Continuation of Suspension of
Liquidation’’ section.
Notification Regarding Administrative
Protective Orders
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials, or
conversion to judicial protective order,
9 See the unpublished Federal Register notice,
Large Diameter Welded Pipe from India: Final
Affirmative Countervailing Duty Determination,
dated concurrently with this notice.
E:\FR\FM\14NON1.SGM
14NON1
Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
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
735(d) and 777(i)(1) of the Act and 19
CFR 351.210(c).
BILLING CODE 3510–DS–P
Dated: November 5, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the 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
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18:29 Nov 13, 2018
Jkt 247001
[FR Doc. 2018–24806 Filed 11–13–18; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–874]
Certain Hot-Rolled Steel Flat Products
From Japan: Preliminary Results of
Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Nippon Steel & Sumitomo Metal
Corporation (Nippon Steel) and Tokyo
Steel Manufacturing Co., Ltd. (Tokyo
Steel), the two companies selected for
individual examination, sold subject
merchandise in the United States at
prices below normal value during the
period of review (POR). Additionally,
Commerce preliminarily determines
that three other companies for which we
initiated reviews had no shipments
during the POR. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable November 14, 2018.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo or Jack Zhao, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2371 or (202) 482–1396,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an
administrative review of the
antidumping duty order on certain hotrolled steel flat products (hot-rolled
steel) from Japan. The notice of
initiation of this administrative review
was published on December 7, 2017.1
This review covers 20 producers and
exporters of the subject merchandise.
The POR is March 22, 2016, through
September 30, 2017. Commerce selected
two mandatory respondents for
individual examination: Nippon Steel
and Tokyo Steel.
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
57705 (December 7, 2017).
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56813
Scope of the Order
The merchandise covered by the order
is certain hot-rolled steel flat products.
For a complete description of the scope
of the order, see the Preliminary
Decision Memorandum.2
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Export price and constructed export
price are calculated in accordance with
section 772 of the Act. NV is calculated
in accordance with section 773 of the
Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. 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.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as the Appendix to this notice.
Preliminary Determination of No
Shipments
Among the companies under review,
four companies, Hitachi Metals, Ltd.
(Hitachi), Honda Trading Canada, Inc.
(Honda), Mitsui & Co. Ltd. (Mitsui), and
Panasonic Corporation (Panasonic)
properly filed statements reporting that
they made no shipments of subject
merchandise to the United States during
the POR. Based on the certifications
submitted and our analysis of Customs
and Border Protection (CBP)
information, we preliminarily determine
that Hitachi, Honda, and Panasonic had
no shipments during the POR.3
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments: Certain Hot-Rolled
Steel Flat Products from Japan; 2016–2017,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
3 See Hitachi Letter, ‘‘Antidumping Duty
Administrative Review of Certain Hot-Rolled Steel
Flat Products: Hitachi No Shipment Letter,’’ dated
December 18, 2017; see also Honda Letter,
‘‘Administrative Review of Certain Hot-Rolled Steel
E:\FR\FM\14NON1.SGM
Continued
14NON1
]]>Agencies
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56811-56813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24806]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-881]
Large Diameter Welded Pipe From India: Final Determination of
Sales at Less Than Fair Value; 2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of large diameter welded pipe from India are being, or are likely to
be, sold in the United States at less than fair value (LTFV) for the
period of investigation January 1, 2017, through December 31, 2017
DATES: Applicable November 14, 2018.
FOR FURTHER INFORMATION CONTACT: Kate Johnson at (202) 482-4929 or
Jaron Moore at (202) 482-3640, AD/CVD Operations, Office VIII,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Background
On August 27, 2018, Commerce published in the Federal Register the
Preliminary Determination of sales at LTFV of large diameter welded
pipe from India and invited interested parties to comment.\1\ We
received comments from the petitioners,\2\ agreeing with our
affirmative preliminary determination to apply total adverse facts
available (AFA) to the non-responsive companies.\3\ No other interested
party submitted comments. Accordingly, we made no changes to the
Preliminary Determination.
---------------------------------------------------------------------------
\1\ See Large Diameter Welded Pipe from India: Preliminary
Determination of Sales at Less Than Fair Value, 83 FR 43653 (August
27, 2018) (Preliminary Determination) and accompanying Preliminary
Decision Memorandum.
\2\ The petitioners are American Cast Iron Pipe Company, Berg
Steel Pipe Corp., Berg Spiral Pipe Corp., Dura-Bond Industries, and
Stupp Corporation, individually and as members of American Line Pipe
Producers Association; Greens Bayou Pipe Mill, LP; JSW Steel (USA)
Inc.; Skyline Steel; and Trinity Products LLC.
\3\ See Petitioners Letter, ``Case Brief of Petitioners,'' dated
September 26, 2018.
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is January 1, 2017, through December
31, 2017.
Scope of the Investigation
The product covered by this investigation is large diameter welded
pipe from India. For a full description of the scope of this
investigation, see the ``Scope of the Investigation,'' at the Appendix
to this notice.
Scope Comments
During the course of this investigation and the concurrent LTFV
investigations of large diameter welded pipe from Canada, Greece,
Korea, the People's Republic of China (China) and Turkey, and the
concurrent countervailing duty investigations of large diameter welded
pipe from China, India, Korea and Turkey, Commerce received scope
comments from interested parties. Commerce issued a Preliminary Scope
Decision Memorandum \4\ to address these comments. In the Preliminary
Determination, Commerce set aside a period of time for parties to
address scope issues in scope case and rebuttal briefs. No interested
parties submitted scope comments in scope case or scope rebuttal
briefs. Therefore, for this final determination, the scope of this
investigation remains unchanged from that published in the Preliminary
Determination.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Scope Comments Decision Memorandum for the
Preliminary Determinations,'' dated June 19, 2018 (Preliminary Scope
Decision Memorandum).
---------------------------------------------------------------------------
Use of Adverse Facts Available
The mandatory respondents Bhushan Steel (Bhushan) and Welspun
Trading Limited (Welspun) failed to participate in this
investigation.\5\ Therefore, in the Preliminary Determination, pursuant
to sections 776(a)(1), 776(a)(2)(A)-(C), and 776(b) of the Act, we
determined for Bhushan and Welspun an estimated dumping rate based on
AFA. No parties filed comments in opposition to our Preliminary
Determination with respect to Bhushan and Welspun and there are no
comments or information on the record that would cause us to revisit
our preliminary AFA determinations. Accordingly, we continue to find
that the application of AFA pursuant to sections 776(a) and (b) of the
Act is warranted with respect to Bhushan and Welspun. In applying total
AFA, we have determined for Bhushan's and Welspun's exports of the
subject merchandise an estimated dumping margin of 50.55 percent, which
is the only dumping margin alleged in the Petition \6\ and which has
been corroborated to the extent practicable
[[Page 56812]]
within the meaning of section 776(c) of the Act.\7\
---------------------------------------------------------------------------
\5\ See Preliminary Determination Memorandum at 4-8.
\6\ See 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
(Petition).
\7\ See Preliminary Determination Memorandum at 7-8.
---------------------------------------------------------------------------
All-Others Rate
As discussed in the Preliminary Determination, Commerce based the
``All-Others'' rate on the only dumping margin alleged in the
Petition,\8\ in accordance with section 735(c)(5)(B) of the Act. We
made no changes to the selection of this rate for this final
determination.
---------------------------------------------------------------------------
\8\ See Petition; see also Preliminary Determination Memorandum
at 8-9.
---------------------------------------------------------------------------
Final Determination
The final estimated dumping margins are as follows:
------------------------------------------------------------------------
Cash deposit
rate (adjusted
Dumping margin for export
Exporter/producer (percent) subsidies
offset)
(percent)
------------------------------------------------------------------------
Bhushan Steel........................... 50.55 16.85
Welspun Trading Limited................. 50.55 16.85
All-Others.............................. 50.55 16.85
------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, for this final
determination, we will direct U.S. Customs and Border Protection (CBP)
to continue to suspend liquidation of all entries of large diameter
welded pipe from India, as described in the Appendix to this notice,
which are entered, or withdrawn from warehouse, for consumption on or
after August 27, the date of publication in the Federal Register of the
affirmative Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), Commerce will instruct CBP to require a cash deposit for
such entries of merchandise equal to the estimated dumping margin, as
follows: (1) The cash deposit rate for the respondents listed above
will be equal to the respondent-specific estimated dumping margin
determined in this final 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 respondent-specific estimated weighted-
average dumping margin 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 estimated dumping margin for all other
producers or exporters. These suspension-of-liquidation instructions
will remain in effect until further notice.
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 has made a final affirmative
determination for countervailable export subsidies,\9\ Commerce offsets
the estimated weighted-average dumping margin by the appropriate CVD
rate. Any such adjusted rates may be found in the ``Final
Determination'' section, above. However, provisional measures expired
in the companion countervailing duty investigation on October 26, 2018.
Accordingly, we will direct CBP to collect the estimated antidumping
cash deposits unadjusted for countervailed export subsidies. In the
event of an affirmative determination by the International Trade
Commission (ITC), Commerce will issue antidumping and countervailing
duty orders and direct CBP to collect the cash deposit rate, as
adjusted for export subsidies.
---------------------------------------------------------------------------
\9\ See the unpublished Federal Register notice, Large Diameter
Welded Pipe from India: Final Affirmative Countervailing Duty
Determination, dated concurrently with this notice.
---------------------------------------------------------------------------
Disclosure
The dumping margins assigned to the mandatory respondents in this
investigation are based on AFA. As these margins are based on the
dumping margin alleged in the Petition, and because we made no changes
to the Preliminary Determination, there are no calculations to disclose
for this final determination.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify ITC of
the final affirmative determination of sales at LTFV. In addition, we
are making available to the ITC all non-privileged and non-proprietary
information related to this investigation. We will allow the ITC access
to all privileged and business proprietary information in our files,
provided the ITC confirms that it will not disclose such information,
either publicly or under an administrative protective order (APO),
without the written consent of the Assistant Secretary for Enforcement
and Compliance. Because Commerce's final determination is affirmative,
in accordance with section 735(b)(2) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports or sales (or the likelihood of sales) for importation
of large diameter welded pipe, no later than 45 days after this final
determination. If the ITC determines that such injury does not exist,
this proceeding will be terminated, and all cash deposits posted will
be refunded. If the ITC determines that such injury does exist,
Commerce will issue an antidumping duty order directing CBP to assess,
upon further instruction by Commerce, antidumping duties on all imports
of the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Notification Regarding Administrative Protective Orders
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an administrative protective order (APO) of their
responsibility concerning the destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of return or destruction of APO materials, or
conversion to judicial protective order,
[[Page 56813]]
is hereby requested. Failure to comply with the regulations and terms
of an APO is a sanctionable violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
Dated: November 5, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the 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.
[FR Doc. 2018-24806 Filed 11-13-18; 8:45 am]
BILLING CODE 3510-DS-P
