Welded Stainless Pressure Pipe From India: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017, 63827-63829 [2018-26815]
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Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–867]
Welded Stainless Pressure Pipe From
India: Preliminary Results of
Antidumping Duty Administrative
Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that producers/exporters subject to this
review made sales of subject
merchandise at less than normal value
during the May 10, 2016, through
October 31, 2017, period of review
(POR). We invite interested parties to
comment on these preliminary results.
DATES: Applicable December 12, 2018.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita or Stephanie Berger,
AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4243
and (202) 482–2483, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce is conducting an
administrative review of the
antidumping duty (AD) order on welded
stainless pressure pipe (WSPP) from
India.1 We selected two companies,
Bhandari Foils & Tubes, Ltd. (Bhandari)
and Hindustan Inox, Ltd. (Hindustan
Inox), for individual examination.2 For
a complete description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum.3 A list of topics included
in the Preliminary Decision
Memorandum is included as an
Appendix to this notice.
amozie on DSK3GDR082PROD with NOTICES1
Scope of the Order 4
The merchandise covered by this
order is circular welded austenitic
stainless pressure pipe not greater than
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
1329 (January 11, 2018) (Initiation Notice).
2 See memorandum, ‘‘First Antidumping Duty
Administrative Review of Welded Stainless
Pressure Pipe from India: Respondent Selection,’’
dated February 2, 2018.
3 See memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review: Welded Stainless Pressure
Pipe from India, 2016–2017,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
4 For the full text of the scope of the order, see
the Preliminary Decision Memorandum.
VerDate Sep<11>2014
18:39 Dec 11, 2018
Jkt 247001
14 inches in outside diameter. For
purposes of this scope, references to size
are in nominal inches and include all
products within tolerances allowed by
pipe specifications. This merchandise
includes, but is not limited to, the
American Society for Testing and
Materials (ASTM) A–312 or ASTM A–
778 specifications, or comparable
domestic or foreign specifications.
ASTM A–358 products are only
included when they are produced to
meet ASTM A–312 or ASTM A–778
specifications, or comparable domestic
or foreign specifications.
The subject imports are normally
classified in subheadings 7306.40.5005,
7306.40.5040, 7306.40.5062,
7306.40.5064, and 7306.40.5085 of the
Harmonized Tariff Schedule of the
United States (HTSUS). They may also
enter under HTSUS subheadings
7306.40.1010, 7306.40.1015,
7306.40.5042, 7306.40.5044,
7306.40.5080, and 7306.40.5090. The
HTSUS subheadings are provided for
convenience and customs purposes
only; the written description of the
scope of this order is dispositive.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1) and
(2) of Tariff Act of 1930, as amended
(the Act). Export price and constructed
export price were calculated in
accordance with section 772 of the Act.
Normal value was 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 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 on the internet at
https://enforcement.trade.gov/frn/
index.html. The signed Preliminary
Decision Memorandum and the
electronic version of the Preliminary
Decision Memorandum are identical in
content.
PO 00000
63827
Preliminary Results of the Review
We preliminarily determine the
following weighted-average dumping
margins exist for the POR:
Exporter/producer
Bhandari Foils & Tubes, Ltd
Hindustan Inox, Ltd ..............
Apex Tubes Private Ltd ........
Apurvi Industries ...................
Arihant Tubes .......................
Divine Tubes Pvt. Ltd ...........
Heavy Metal & Tubes ...........
J.S.S. Steelitalia Ltd .............
Linkwell Seamless Tubes
Private Limited ..................
Maxim Tubes Company Pvt.
Ltd .....................................
MBM Tubes Pvt. Ltd .............
Mukat Tanks & Vessel Ltd ...
Neotiss Ltd ............................
Prakash Steelage Ltd ...........
Quality Stainless Pvt. Ltd .....
Raajratna Metal Industries
Ltd .....................................
Ratnadeep Metal & Tubes
Ltd .....................................
Ratnamani Metals & Tubes
Ltd .....................................
Remi Edelstahl Tubulars ......
Shubhlaxmi Metals & Tubes
Private Limited ..................
SLS Tubes Pvt. Ltd ..............
Steamline Industries Ltd .......
Estimated
weightedaverage
dumping
margin
(percent)
7.19
2.03
5 3.89
3.89
3.89
3.89
3.89
3.89
3.89
3.89
3.89
3.89
3.89
3.89
3.89
3.89
3.89
3.89
3.89
3.89
3.89
3.89
Assessment Rates
Upon issuance of the final results,
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.
If the weighted-average dumping
margin for the mandatory respondents
(i.e., Bhandari and Hindustan Inox) is
not zero or de minimis (i.e., less than 0.5
percent), we will calculate importerspecific ad valorem AD assessment rates
based on the ratio of the total amount of
dumping calculated for the importers
examined sales to the total entered
value of those same sales in accordance
with 19 CFR 351.212(b)(1).6 We will
5 This rate is based on the rates for the
respondents that were selected for individual
review, excluding rates that are zero, de minimis or
based entirely on facts available. See section
735(c)(5)(A) of the Act. See also See Memorandum,
‘‘Welded Stainless Pressure Pipe from India:
Calculation of the All-Others Rate in the
Preliminary Results of Antidumping Duty
Administrative Review; 2016–2017,’’ dated
concurrently with this notice.
6 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: See Calculation of the
Continued
Frm 00003
Fmt 4703
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E:\FR\FM\12DEN1.SGM
12DEN1
63828
Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Notices
amozie on DSK3GDR082PROD with NOTICES1
instruct CBP to assess antidumping
duties on all appropriate entries covered
by this review when the importerspecific assessment rate calculated in
the final results of this review is above
de minimis (i.e., 0.5 percent). Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties. The final results of
this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review where
applicable.
For the companies which were not
selected for individual review, we will
assign an assessment rate based on the
weighted-average of the cash deposit
rates calculated for the companies
selected for mandatory review (i.e.,
Bhandari and Hindustan), excluding
any which are zero, de minimis, or
determined entirely on adverse facts
available. The final results of this
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.7
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by each respondent
for which they did not know that their
merchandise was destined for the
United States, we will instruct CBP to
liquidate entries not reviewed at the allothers rate of 8.35 percent if there is no
rate for the intermediate company(ies)
involved in the transaction.8 We intend
to issue instructions to CBP 15 days
after publication of the final results of
this review.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
notice of final results of administrative
review for all shipments of WSPP from
India entered, or withdrawn from
warehouse, for consumption on or after
the date of publication provided by
section 751(a)(2) of the Act: (1) The cash
deposit rate for each company listed
above will be equal to the dumping
margins established in the final results
of this review except if the ultimate
rates are de minimis within the meaning
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
7 See section 751(a)(2)(C) of the Act.
8 See Order.
VerDate Sep<11>2014
18:39 Dec 11, 2018
Jkt 247001
of 19 CFR 351.106(c)(1), in which case
the cash deposit rates will be zero; (2)
for merchandise exported by producers
or exporters not covered in this
administrative review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding in which the producer or
exporter participated; (3) if the exporter
is not a firm covered in this review, a
prior review, or the original less-thanfair-value investigation but the producer
is, the cash deposit rate will be the rate
established for the most recently
completed segment of the proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 8.35 percent, the all-others rate
established in the antidumping
investigation.9 These deposit
requirements, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
Commerce will disclose to parties to
this proceeding the calculations
performed in reaching the preliminary
results within five days of the date of
publication of these preliminary
results.10 Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs not later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than five days after the date for
filing case briefs.11 Parties who submit
case briefs or rebuttal briefs in this
proceeding are requested to submit with
the argument: (1) A statement of the
issue, (2) a summary of the argument,
and (3) a table of authorities.12 All briefs
must be filed electronically using
ACCESS. An electronically filed
document must be received successfully
in its entirety by Commerce’s electronic
records system, ACCESS.
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, using
Enforcement and Compliance’s ACCESS
system within 30 days of publication of
this notice.13 Requests should contain
the party’s name, address, and
telephone number, the number of
participants, and a list of the issues to
be discussed. If a request for a hearing
is made, we will inform parties of the
9 Id.
10 See
19 CFR 351.224(b).
19 CFR 351.309(d).
12 See 19 CFR 351.309(c)(2) and (d)(2).
13 See 19 CFR 351.310(c).
11 See
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
scheduled date for the hearing which
will be held at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a time
and location to be determined.14 Parties
should confirm by telephone the date,
time, and location of the hearing.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(2),
Commerce will issue the final results of
this administrative review, including
the results of our analysis of the issues
raised by the parties in their case briefs,
within 120 days after issuance of these
preliminary results.
Notification To Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
These preliminary results of review is
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.213(h).
Dated: December 3, 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
List of Topics Discussed in the Preliminary
Decision Memorandum:
I. Summary
II. Background
III. Scope of the Order
IV. Rates for Respondents Not Selected for
Individual Examination
V. Discussion of the Methodology
A. Comparisons to Normal Value
B. Determination of the Comparison
Method
C. Results of the Differential Pricing
Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Export Price
IX. Normal Value
A. Home Market Viability
B. Affiliated-Party Transactions and Arm’sLength Test
C. Level of Trade
D. Cost of Production Analysis
E. Calculation of NV Based on Comparison
Market Prices
14 See
E:\FR\FM\12DEN1.SGM
19 CFR 351.310.
12DEN1
Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Notices
X. Currency Conversion
XI. Recommendation
[FR Doc. 2018–26815 Filed 12–11–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–890]
Wooden Bedroom Furniture From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that eight companies, including the
mandatory respondent, Decca Furniture
Ltd. (Decca), have not established their
entitlement to a separate rate and are
part of the China-wide entity, and that
five companies had no reviewable
transactions during the January 1, 2017,
through December 31, 2017, period of
review (POR). We invite interested
parties to comment on these preliminary
results.
DATES: Applicable December 12, 2018.
FOR FURTHER INFORMATION CONTACT:
Patrick O’Connor, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0989.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
amozie on DSK3GDR082PROD with NOTICES1
After initiating this review with
respect to 73 companies or company
groupings,1 interested parties withdrew
all review requests for 60 of the 73
companies. Thus, Commerce rescinded
this review with respect to those
companies.2 On June 20, 2018,
Commerce issued an antidumping duty
questionnaire to Decca, the only
company under review that filed a
separate rate application. Decca did not
respond to the questionnaire. For a
complete description of the events that
followed the initiation of this
administrative review, see the
Preliminary Decision Memorandum
which is hereby adopted by this notice.3
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
11685 (March 16, 2018) (Initiation Notice).
2 See Wooden Bedroom Furniture from the
People’s Republic of China: Notice of Partial
Rescission of Antidumping Duty Administrative
Review, 83 FR 45607 (September 10, 2018).
3 See ‘‘Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative
VerDate Sep<11>2014
18:39 Dec 11, 2018
Jkt 247001
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 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 Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
Scope of the Order
The product covered by the Order is
wooden bedroom furniture, subject to
certain exceptions.4 Imports of subject
merchandise are classified under the
Harmonized Tariff Schedule of the
United States (HTSUS) subheadings:
9403.90.7005, 9403.90.7080,
9403.50.9041, 9403.60.8081,
9403.20.0018, 9403.90.8041,
7009.92.1000 or 7009.92.5000. Although
the HTSUS subheadings are provided
for convenience and customs purposes,
the written product description in the
Order remains dispositive.5
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act) and 19 CFR 351.213. For a full
description of the methodology
underlying our preliminary results of
review, see the Preliminary Decision
Memorandum. A list of topics discussed
in the Preliminary Decision
Memorandum is provided in the
Appendix to this notice.
Preliminary Determination of No
Shipments
Because U.S. Customs and Border
Protection (CBP) did not provide any
Review: Wooden Bedroom Furniture from the
People’s Republic of China,’’ from James Maeder,
Senior Director, performing the duties of Deputy
Assistant Secretary for Antidumping Duty and
Countervailing Duty Operations, to 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
(Preliminary Decision Memorandum), dated
concurrently with this notice.
4 See Notice of Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order: Wooden Bedroom Furniture from the
People’s Republic of China, 70 FR 329 (January 4,
2005) (Order).
5 For a complete description of the scope of the
Order, please see the Preliminary Decision
Memorandum.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
63829
information contradicting the claims of
five of the companies under review
which claimed to have made no
shipments, Commerce preliminarily
determines that these five companies
did not have any reviewable
transactions during the POR.6 For
additional information regarding this
determination, see the Preliminary
Decision Memorandum. Consistent with
Commerce’s practice in non-market
economy (NME) cases, Commerce is not
rescinding this AR, in part, with respect
to these five companies, but intends to
complete the review with respect to the
companies for which it has
preliminarily found no shipments and
issue appropriate instructions to CBP
based on the final results of the review.7
Separate Rates
Decca was the only company under
review that submitted a separate rate
application, and Commerce issued the
antidumping duty questionnaire to
Decca as the sole mandatory
respondent. However, as noted above,
Decca did not respond to Commerce’s
antidumping duty questionnaire.
Therefore, Commerce preliminarily
determines that Decca did not establish
its eligibility for separate rate status. In
addition, seven other companies for
which a review was requested failed to
provide separate rate applications or
certifications.8 Therefore, Commerce
preliminarily determines that these
eight companies are part of the Chinawide entity. Because no party requested
a review of the China-wide entity, the
entity is not under review, and the
entity’s dumping margin of 216.01
percent is not subject to change.9 For
6 The five companies/company groupings are: (1)
Dongguan Sunrise Furniture Co., Ltd., Taicang
Sunrise Wood Industry Co., Ltd., Taicang
Fairmount Designs Furniture Co., Ltd., Meizhou
Sunrise Furniture Co., Ltd.; (2) Dongguan Sunrise
Furniture Co., Taicang Sunrise Wood Industry Co.,
Ltd., Shanghai Sunrise Furniture Co. Ltd., Fairmont
Designs; (3) Eurosa (Kunshan) Co., Ltd., Eurosa
Furniture Co., (PTE) Ltd.; (4) Shenyang Shining
Dongxing Furniture Co., Ltd. (Shenyang Shining);
and (5) Yeh Brothers World Trade Inc.
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011) and the
‘‘Assessment Rates’’ section, below.
8 The seven companies are: (1) Dongguan
Kingstone Furniture Co., Ltd.; Kingstone Furniture
Co., Ltd.; (2) Kunshan Summit Furniture Co., Ltd.;
(3) Qingdao Liangmu Co., Ltd.; (4) Restonic
(Dongguan) Furniture Ltd.; Restonic Far East
(Samoa) Ltd.; (5) Rizhao Sanmu Woodworking Co.,
Ltd.; (6) Techniwood Industries Ltd.; Ningbo
Furniture Industries Ltd.; Ningbo Hengrun
Furniture Co., Ltd.; and (7) Zhangjiagang Zheng Yan
Decoration Co., Ltd.
9 See Second Amended Final Results of
Antidumping Duty Administrative Review: Wooden
Bedroom Furniture from the People’s Republic of
China, 72 FR 62834 (November 7, 2007).
E:\FR\FM\12DEN1.SGM
12DEN1
Agencies
[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Notices]
[Pages 63827-63829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26815]
[[Page 63827]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-867]
Welded Stainless Pressure Pipe From India: Preliminary Results of
Antidumping Duty Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers/exporters subject to this review made sales of subject
merchandise at less than normal value during the May 10, 2016, through
October 31, 2017, period of review (POR). We invite interested parties
to comment on these preliminary results.
DATES: Applicable December 12, 2018.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Stephanie Berger,
AD/CVD Operations, Office III, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4243
and (202) 482-2483, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty (AD) order on welded stainless pressure pipe (WSPP) from India.\1\
We selected two companies, Bhandari Foils & Tubes, Ltd. (Bhandari) and
Hindustan Inox, Ltd. (Hindustan Inox), for individual examination.\2\
For a complete description of the events that followed the initiation
of this review, see the Preliminary Decision Memorandum.\3\ A list of
topics included in the Preliminary Decision Memorandum is included as
an Appendix to this notice.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 1329 (January 11, 2018) (Initiation
Notice).
\2\ See memorandum, ``First Antidumping Duty Administrative
Review of Welded Stainless Pressure Pipe from India: Respondent
Selection,'' dated February 2, 2018.
\3\ See memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Welded Stainless
Pressure Pipe from India, 2016-2017,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order \4\
---------------------------------------------------------------------------
\4\ For the full text of the scope of the order, see the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
The merchandise covered by this order is circular welded austenitic
stainless pressure pipe not greater than 14 inches in outside diameter.
For purposes of this scope, references to size are in nominal inches
and include all products within tolerances allowed by pipe
specifications. This merchandise includes, but is not limited to, the
American Society for Testing and Materials (ASTM) A-312 or ASTM A-778
specifications, or comparable domestic or foreign specifications. ASTM
A-358 products are only included when they are produced to meet ASTM A-
312 or ASTM A-778 specifications, or comparable domestic or foreign
specifications.
The subject imports are normally classified in subheadings
7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, and
7306.40.5085 of the Harmonized Tariff Schedule of the United States
(HTSUS). They may also enter under HTSUS subheadings 7306.40.1010,
7306.40.1015, 7306.40.5042, 7306.40.5044, 7306.40.5080, and
7306.40.5090. The HTSUS subheadings are provided for convenience and
customs purposes only; the written description of the scope of this
order is dispositive.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1) and (2) of Tariff Act of 1930, as amended (the Act). Export
price and constructed export price were calculated in accordance with
section 772 of the Act. Normal value was 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 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 on the
internet at https://enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and the electronic version of the
Preliminary Decision Memorandum are identical in content.
Preliminary Results of the Review
We preliminarily determine the following weighted-average dumping
margins exist for the POR:
---------------------------------------------------------------------------
\5\ This rate is based on the rates for the respondents that
were selected for individual review, excluding rates that are zero,
de minimis or based entirely on facts available. See section
735(c)(5)(A) of the Act. See also See Memorandum, ``Welded Stainless
Pressure Pipe from India: Calculation of the All-Others Rate in the
Preliminary Results of Antidumping Duty Administrative Review; 2016-
2017,'' dated concurrently with this notice.
------------------------------------------------------------------------
Estimated
weighted-
Exporter/producer average
dumping margin
(percent)
------------------------------------------------------------------------
Bhandari Foils & Tubes, Ltd............................. 7.19
Hindustan Inox, Ltd..................................... 2.03
Apex Tubes Private Ltd.................................. \5\ 3.89
Apurvi Industries....................................... 3.89
Arihant Tubes........................................... 3.89
Divine Tubes Pvt. Ltd................................... 3.89
Heavy Metal & Tubes..................................... 3.89
J.S.S. Steelitalia Ltd.................................. 3.89
Linkwell Seamless Tubes Private Limited................. 3.89
Maxim Tubes Company Pvt. Ltd............................ 3.89
MBM Tubes Pvt. Ltd...................................... 3.89
Mukat Tanks & Vessel Ltd................................ 3.89
Neotiss Ltd............................................. 3.89
Prakash Steelage Ltd.................................... 3.89
Quality Stainless Pvt. Ltd.............................. 3.89
Raajratna Metal Industries Ltd.......................... 3.89
Ratnadeep Metal & Tubes Ltd............................. 3.89
Ratnamani Metals & Tubes Ltd............................ 3.89
Remi Edelstahl Tubulars................................. 3.89
Shubhlaxmi Metals & Tubes Private Limited............... 3.89
SLS Tubes Pvt. Ltd...................................... 3.89
Steamline Industries Ltd................................ 3.89
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.
If the weighted-average dumping margin for the mandatory
respondents (i.e., Bhandari and Hindustan Inox) is not zero or de
minimis (i.e., less than 0.5 percent), we will calculate importer-
specific ad valorem AD assessment rates based on the ratio of the total
amount of dumping calculated for the importers examined sales to the
total entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\6\ We will
[[Page 63828]]
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review when the importer-specific assessment rate
calculated in the final results of this review is above de minimis
(i.e., 0.5 percent). Where either the respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
The final results of this review shall be the basis for the assessment
of antidumping duties on entries of merchandise covered by the final
results of this review where applicable.
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\6\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: See Calculation of the Weighted-Average Dumping Margin
and Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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For the companies which were not selected for individual review, we
will assign an assessment rate based on the weighted-average of the
cash deposit rates calculated for the companies selected for mandatory
review (i.e., Bhandari and Hindustan), excluding any which are zero, de
minimis, or determined entirely on adverse facts available. The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.\7\
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\7\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent for which they did not know that their merchandise was
destined for the United States, we will instruct CBP to liquidate
entries not reviewed at the all-others rate of 8.35 percent if there is
no rate for the intermediate company(ies) involved in the
transaction.\8\ We intend to issue instructions to CBP 15 days after
publication of the final results of this review.
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\8\ See Order.
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Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of WSPP from India entered, or withdrawn from warehouse,
for consumption on or after the date of publication provided by section
751(a)(2) of the Act: (1) The cash deposit rate for each company listed
above will be equal to the dumping margins established in the final
results of this review except if the ultimate rates are de minimis
within the meaning of 19 CFR 351.106(c)(1), in which case the cash
deposit rates will be zero; (2) for merchandise exported by producers
or exporters not covered in this administrative review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published for the most recently completed
segment of this proceeding in which the producer or exporter
participated; (3) if the exporter is not a firm covered in this review,
a prior review, or the original less-than-fair-value investigation but
the producer is, the cash deposit rate will be the rate established for
the most recently completed segment of the proceeding for the producer
of the merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 8.35 percent, the all-others
rate established in the antidumping investigation.\9\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\9\ Id.
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Disclosure and Public Comment
Commerce will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\10\
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs not later than 30 days after the date of publication of
this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\11\ Parties who submit case briefs or rebuttal briefs in
this proceeding are requested to submit with the argument: (1) A
statement of the issue, (2) a summary of the argument, and (3) a table
of authorities.\12\ All briefs must be filed electronically using
ACCESS. An electronically filed document must be received successfully
in its entirety by Commerce's electronic records system, ACCESS.
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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(d).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\13\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing is made, we will inform
parties of the scheduled date for the hearing which will be held at the
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230, at a time and location to be determined.\14\ Parties should
confirm by telephone the date, time, and location of the hearing.
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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results
of this administrative review, including the results of our analysis of
the issues raised by the parties in their case briefs, within 120 days
after issuance of these preliminary results.
Notification To Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping duties occurred and the
subsequent assessment of doubled antidumping duties.
These preliminary results of review is are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213(h).
Dated: December 3, 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
List of Topics Discussed in the Preliminary Decision Memorandum:
I. Summary
II. Background
III. Scope of the Order
IV. Rates for Respondents Not Selected for Individual Examination
V. Discussion of the Methodology
A. Comparisons to Normal Value
B. Determination of the Comparison Method
C. Results of the Differential Pricing Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Export Price
IX. Normal Value
A. Home Market Viability
B. Affiliated-Party Transactions and Arm's-Length Test
C. Level of Trade
D. Cost of Production Analysis
E. Calculation of NV Based on Comparison Market Prices
[[Page 63829]]
X. Currency Conversion
XI. Recommendation
[FR Doc. 2018-26815 Filed 12-11-18; 8:45 am]
BILLING CODE 3510-DS-P