Large Diameter Welded Pipe From Greece: Final Determination of Sales at Less Than Fair Value, 6364-6366 [2019-03315]
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6364
Federal Register / Vol. 84, No. 39 / Wednesday, February 27, 2019 / Notices
duty investigation will be the rates
identified in the estimated weightedaverage dumping margin column in the
rate chart, above.
amozie on DSK3GDR082PROD with NOTICES1
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (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 welded pipe from Turkey
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 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entered, or withdrawn from warehouse,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
This notice serves as a reminder to
parties subject to an administrative
protective order (APO) of their
responsibility concerning the
disposition 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,
is hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This determination and this notice are
issued and published pursuant to
VerDate Sep<11>2014
17:07 Feb 26, 2019
Jkt 247001
sections 735(d) and 777(i)(1) of the Act
and 19 CFR 351.210(c).
purposes, the written description of the
scope of this investigation is dispositive.
Dated: February 19, 2019.
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 II
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 Turkey. See Welded Line Pipe from the
Republic of Korea and the Republic of
Turkey: Antidumping Duty Orders, 80 FR
75056 (December 1, 2015).
The large diameter welded pipe that is
subject to this investigation is currently
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) under
subheadings 7305.11.1030, 7305.11.1060,
7305.11.5000, 7305.12.1030, 7305.12.1060,
7305.12.5000, 7305.19.1030, 7305.19.1060,
7305.19.5000, 7305.31.4000, 7305.31.6010,
7305.31.6090, 7305.39.1000 and
7305.39.5000. While the HTSUS subheadings
are provided for convenience and customs
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Adjustment for Countervailable Export
Subsidies
VI. Discussion of the Issues
1. Allegation of a Particular Market
Situation (PMS) in Turkey
2. Borusan’s U.S. Date of Sale
3. Borusan’s Late Delivery Penalty
4. Borusan’s Affiliated Freight Expenses
5. Borusan’s Affiliated Freight Expense
Adjustments
6. Borusan’s Domestic Warehousing
Revenue
7. Borusan’s Fees for Vehicle Purchases
8. Errors in Borusan’s Margin Calculations
9. Borusan’s Cost Reporting
10. Borusan’s Surrogate COPs
11. HDM Celik’s Extra Revenues
12. HDM Celik’s Depreciation and Unused
Vacation Expenses
VII. Recommendation
[FR Doc. 2019–03317 Filed 2–26–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–484–803]
Large Diameter Welded Pipe From
Greece: Final Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
large diameter welded pipe (welded
pipe) from Greece are being, or are
likely to be, sold in the United States at
less than fair value (LTFV) for the
period of investigation (POI) January 1,
2017, through December 31, 2017.
DATES: Applicable February 27, 2019.
FOR FURTHER INFORMATION CONTACT:
Brittany Bauer, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3860.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 27, 2018, Commerce
published in the Federal Register the
Preliminary Determination of sales at
LTFV of welded pipe from Greece, in
which we also postponed the final
E:\FR\FM\27FEN1.SGM
27FEN1
Federal Register / Vol. 84, No. 39 / Wednesday, February 27, 2019 / Notices
determination until January 9, 2019.1
We invited interested parties to
comment on the Preliminary
Determination. A summary of the events
that occurred since Commerce
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum, which is adopted by this
notice.2
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019.3 If the new deadline falls on a
non-business day, in accordance with
Commerce’s practice, the deadline will
become the next business day. The
revised deadline for the final
determination of this investigation is
now February 19, 2019.
Scope of the Investigation
The product covered by this
investigation is welded pipe from
Greece. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation’’ in
Appendix I of this notice.
Scope Comments
During the course of this investigation
and the concurrent LTFV investigations
of welded pipe from Canada, the
Republic of Korea (Korea), the People’s
Republic of China (China), and the
Republic of Turkey (Turkey), and the
concurrent countervailing duty
investigations of 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
amozie on DSK3GDR082PROD with NOTICES1
1 See
Large Diameter Welded Pipe from Greece:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value and Postponement of Final
Determination, 83 FR 43640 (August 27, 2018)
(Preliminary Determination) and accompanying
Preliminary Decision Memorandum. See also Large
Diameter Welded Pipe from Greece: Amended
Preliminary Determination of Sales at Less Than
Fair Value, 83 FR 48795 (September 27, 2018).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Large Diameter Welded Pipe from
Greece,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
3 See Memorandum, ‘‘Deadlines Affected by the
Partial Shutdown of the Federal Government,’’
dated January 28, 2019. All deadlines in this
segment of the proceeding have been extended by
40 days.
4 See Memorandum, ‘‘Scope Comments Decision
Memorandum for the Preliminary Determinations,’’
dated June 19, 2018 (Preliminary Scope Decision
Memorandum).
VerDate Sep<11>2014
17:07 Feb 26, 2019
Jkt 247001
6365
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.
Changes Since the Preliminary
Determination
Analysis of Comments Received
All-Others Rate
All issues raised in the case and
rebuttal briefs submitted by parties in
this investigation are addressed in the
Issues and Decision Memorandum
accompanying this notice. A list of the
issues addressed in the Issues and
Decision Memorandum is attached to
this notice as Appendix II. The Issues
and 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 it is available to
all parties in the Central Records Unit,
room B–8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all-other
producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated excluding
rates that are zero, de minimis, or
determined entirely under section 776
of the Act. Corinth is the only
respondent for which Commerce
calculated an estimated weightedaverage dumping margin that is not
zero, de minimis, or based entirely on
facts otherwise available. Therefore, for
purposes of determining the ‘‘all-others’’
rate, and pursuant to section
735(c)(5)(A) of the Act, we are using the
estimated weighted-average dumping
margin calculated for Corinth, as
referenced in the ‘‘Final Determination’’
section below.
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations for the
respondent. For a discussion of these
changes, see the ‘‘Margin Calculations’’
section of the Issues and Decision
Memorandum.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended, (the Act)
from September to October 2018, we
conducted verification of the sales and
cost information submitted by Corinth
Pipeworks Pipe Industry S.A. (Corinth)
for use in our final determination. We
used standard verification procedures,
including an examination of relevant
accounting and production records, and
original source documents provided by
Corinth.5
5 For discussion of our verification findings, see
the following memoranda: Memorandum,
‘‘Verification of the Sales Response of CPW
America Co. in the Antidumping Duty Investigation
of Large Diameter Welded Pipe from Greece,’’ dated
October 24, 2018; Memorandum, ‘‘Verification of
the Cost Response of Corinth Pipeworks Pipe
Industry S.A. in the Less-than-Fair-Value
Investigation of Large Diameter Welded Pipe from
Greece,’’ dated October 26, 2018; and
Memorandum, ‘‘Verification of the Sales Response
of Corinth Pipeworks Pipe Industry S.A. in the
Antidumping Duty Investigation of Large Diameter
Welded Pipe from Greece,’’ dated November 5,
2018.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
Exporter or producer
Corinth Pipeworks Pipe Industry
S.A ..........................................
All Others ....................................
Weightedaverage
dumping
margin
(percent)
9.96
9.96
Disclosure
We intend to disclose the calculations
performed in this final determination
within five days of the date of
publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
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 welded pipe, as described in
Appendix I of this notice, which are
entered, or withdrawn from warehouse,
E:\FR\FM\27FEN1.SGM
27FEN1
6366
Federal Register / Vol. 84, No. 39 / Wednesday, February 27, 2019 / Notices
amozie on DSK3GDR082PROD with NOTICES1
for consumption on or after August 27,
2018, 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), we will
instruct CBP to require a cash deposit
for such entries of merchandise equal to
the estimated weighted-average
dumping margin as follows: (1) The
cash deposit rate for the respondents
listed above will be equal to the
respondent-specific estimated weightedaverage 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 weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin. These suspension of liquidation
instructions will remain in effect until
further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (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 welded pipe from Greece
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 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,
VerDate Sep<11>2014
17:07 Feb 26, 2019
Jkt 247001
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
This notice serves as a reminder to
parties subject to an administrative
protective order (APO) of their
responsibility concerning the
disposition 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,
is hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act
and 19 CFR 351.210(c).
Dated: February 19, 2019.
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.
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 Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Discussion of the Issues
1. Adverse Facts Available
2. Date of Sale
3. Constructed Export Price Offset
4. Freight Revenue Offset
5. Sales to Noble
6. Cost Verification Findings
VI. Recommendation
Appendix I
[FR Doc. 2019–03315 Filed 2–26–19; 8:45 am]
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
BILLING CODE 3510–DS–P
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
Fermi Research Alliance, LLC., et al.;
Notice of Decision on Application for
Duty-Free Entry of Scientific
Instruments
This is a decision pursuant to Section
6(c) of the Educational, Scientific, and
Cultural Materials Importation Act of
1966 (Pub. L. 89–651, as amended by
Pub. L. 106–36; 80 Stat. 897; 15 CFR
part 301). Related records can be viewed
between 8:30 a.m. and 5:00 p.m. in
Room 3720, U.S. Department of
Commerce, 14th and Constitution Ave.
NW, Washington, DC
Docket Number: 18–006. Applicant:
Fermi Research Alliance, LLC., Batavia,
IL 60510. Instrument: Short Baseline
Near Detector (SBND) Liquid Argon
Time Projection Chamber (LArTPC).
Manufacturer: The Scientific Facilities
Research Council (STFC), United
Kingdom. Intended Use: See notice at 83
FR 62838, December 6, 2018.
Comments: None received. Decision:
Approved. We know of no instruments
of equivalent scientific value to the
foreign instruments described below, for
E:\FR\FM\27FEN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 39 (Wednesday, February 27, 2019)]
[Notices]
[Pages 6364-6366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03315]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-484-803]
Large Diameter Welded Pipe From Greece: Final Determination of
Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of large diameter welded pipe (welded pipe) from Greece are being, or
are likely to be, sold in the United States at less than fair value
(LTFV) for the period of investigation (POI) January 1, 2017, through
December 31, 2017.
DATES: Applicable February 27, 2019.
FOR FURTHER INFORMATION CONTACT: Brittany Bauer, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3860.
SUPPLEMENTARY INFORMATION:
Background
On August 27, 2018, Commerce published in the Federal Register the
Preliminary Determination of sales at LTFV of welded pipe from Greece,
in which we also postponed the final
[[Page 6365]]
determination until January 9, 2019.\1\ We invited interested parties
to comment on the Preliminary Determination. A summary of the events
that occurred since Commerce published the Preliminary Determination,
as well as a full discussion of the issues raised by parties for this
final determination, may be found in the Issues and Decision
Memorandum, which is adopted by this notice.\2\
---------------------------------------------------------------------------
\1\ See Large Diameter Welded Pipe from Greece: Preliminary
Affirmative Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 83 FR 43640 (August 27, 2018)
(Preliminary Determination) and accompanying Preliminary Decision
Memorandum. See also Large Diameter Welded Pipe from Greece: Amended
Preliminary Determination of Sales at Less Than Fair Value, 83 FR
48795 (September 27, 2018).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Large Diameter Welded Pipe from Greece,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018, through
the resumption of operations on January 29, 2019.\3\ If the new
deadline falls on a non-business day, in accordance with Commerce's
practice, the deadline will become the next business day. The revised
deadline for the final determination of this investigation is now
February 19, 2019.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019. All deadlines
in this segment of the proceeding have been extended by 40 days.
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is welded pipe from
Greece. For a full description of the scope of this investigation, see
the ``Scope of the Investigation'' in Appendix I of this notice.
Scope Comments
During the course of this investigation and the concurrent LTFV
investigations of welded pipe from Canada, the Republic of Korea
(Korea), the People's Republic of China (China), and the Republic of
Turkey (Turkey), and the concurrent countervailing duty investigations
of 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).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
parties in this investigation are addressed in the Issues and Decision
Memorandum accompanying this notice. A list of the issues addressed in
the Issues and Decision Memorandum is attached to this notice as
Appendix II. The Issues and 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 it is available to all parties in the Central
Records Unit, room B-8024 of the main Department of Commerce building.
In addition, a complete version of the Issues and Decision Memorandum
can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and
Decision Memorandum are identical in content.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as
amended, (the Act) from September to October 2018, we conducted
verification of the sales and cost information submitted by Corinth
Pipeworks Pipe Industry S.A. (Corinth) for use in our final
determination. We used standard verification procedures, including an
examination of relevant accounting and production records, and original
source documents provided by Corinth.\5\
---------------------------------------------------------------------------
\5\ For discussion of our verification findings, see the
following memoranda: Memorandum, ``Verification of the Sales
Response of CPW America Co. in the Antidumping Duty Investigation of
Large Diameter Welded Pipe from Greece,'' dated October 24, 2018;
Memorandum, ``Verification of the Cost Response of Corinth Pipeworks
Pipe Industry S.A. in the Less-than-Fair-Value Investigation of
Large Diameter Welded Pipe from Greece,'' dated October 26, 2018;
and Memorandum, ``Verification of the Sales Response of Corinth
Pipeworks Pipe Industry S.A. in the Antidumping Duty Investigation
of Large Diameter Welded Pipe from Greece,'' dated November 5, 2018.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations for
the respondent. For a discussion of these changes, see the ``Margin
Calculations'' section of the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all-other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act. Corinth is the only respondent for which Commerce calculated an
estimated weighted-average dumping margin that is not zero, de minimis,
or based entirely on facts otherwise available. Therefore, for purposes
of determining the ``all-others'' rate, and pursuant to section
735(c)(5)(A) of the Act, we are using the estimated weighted-average
dumping margin calculated for Corinth, as referenced in the ``Final
Determination'' section below.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Corinth Pipeworks Pipe Industry S.A......................... 9.96
All Others.................................................. 9.96
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed in this final
determination within five days of the date of publication of this
notice to parties in this proceeding in accordance with 19 CFR
351.224(b).
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 welded pipe, as
described in Appendix I of this notice, which are entered, or withdrawn
from warehouse,
[[Page 6366]]
for consumption on or after August 27, 2018, 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), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the estimated weighted-average dumping
margin as follows: (1) The cash deposit rate for the respondents listed
above will be equal to the respondent-specific estimated weighted-
average 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 and exporters will be equal to the all-others estimated
weighted-average dumping margin. These suspension of liquidation
instructions will remain in effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (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
welded pipe from Greece 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 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
This notice serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition 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, is hereby requested. Failure to comply
with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR
351.210(c).
Dated: February 19, 2019.
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Discussion of the Issues
1. Adverse Facts Available
2. Date of Sale
3. Constructed Export Price Offset
4. Freight Revenue Offset
5. Sales to Noble
6. Cost Verification Findings
VI. Recommendation
[FR Doc. 2019-03315 Filed 2-26-19; 8:45 am]
BILLING CODE 3510-DS-P
