Large Diameter Welded Pipe From Canada: Final Affirmative Determination of Sales at Less Than Fair Value, 6378-6380 [2019-03316]
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6378
Federal Register / Vol. 84, No. 39 / Wednesday, February 27, 2019 / Notices
Export Product, including but not
limited to selling strategies and pricing,
projected demand for Export Product,
standard or customary terms of sale in
Export Markets, prices and availability
of Export Product from competitors, and
specifications for Export Product by
customers in Export Markets;
b. Price, quality, quantity, source, and
delivery dates of Export Product
available from the Members for export
including but not limited to export
inventory levels and geographic
availability;
c. Terms and conditions of contracts
for sales to be considered and/or bid on
by AGC and its Members;
d. Joint bidding or selling
arrangements and allocation of sales
resulting from such arrangements
among the Members, including each
Member’s share of the previous calendar
year’s total foreign sales;
e. Expenses specific to exporting to
and within Export Markets, including
without limitation transportation, transor intermodal shipments, cold storage,
insurance, inland freight to port, port
storage, commissions, transactional
costs, documentation, financing,
customs duties, and taxes;
f. U.S. and foreign legislation
regulations and policies affecting export
sales; and
g. AGC’s and/or its Members’ export
operations, including without
limitation, sales and distribution
networks established by AGC or its
Members in Export Markets, and prior
export sales by Members (including
export price information).
The effective date of the Certificate is
October 22, 2018, the date on which
AGC’s application was deemed
submitted.
Dated: February 21, 2019.
Joseph Flynn,
Director, Office of Trade and Economic
Analysis, International Trade Administration,
U.S. Department of Commerce.
[FR Doc. 2019–03324 Filed 2–26–19; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
amozie on DSK3GDR082PROD with NOTICES1
[A–122–863]
Large Diameter Welded Pipe From
Canada: Final Affirmative
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
AGENCY:
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large diameter welded pipe (welded
pipe) from Canada is being, or is likely
to be, sold in the United States at less
than fair value (LTFV) during the period
of investigation (POI) January 1, 2017,
through December 31, 2017.
DATES: Applicable February 27, 2019.
FOR FURTHER INFORMATION CONTACT:
Susan S. Pulongbarit or Annathea Cook,
AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4031or
(202) 482–0250, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 27, 2018, Commerce
published in the Federal Register the
Preliminary Determination of sales at
LTFV of welded pipe from Canada, in
which we also postponed the final
determination until January 9, 2018.1
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 tolled 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 this final
determination is now February 19, 2019.
Scope of the Investigation
The product covered by this
investigation is welded pipe from
Canada. For a full description of the
1 See Large Diameter Welded Pipe from Canada:
Preliminary Determination of Sales at Less Than
Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 83 FR
43649 (August 27, 2018) (Preliminary
Determination) and accompanying Preliminary
Decision Memorandum.
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
Canada,’’ 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.
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Sfmt 4703
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 Greece, India, the
People’s Republic of China (China) and
the Republic of Turkey (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 to address these
comments.4 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.
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 December 2018, we
conducted verification of the sales and
cost information submitted by Evraz Inc.
NA (Evraz) and Enbridge Inc. (Enbridge)
for use in our final determination. We
4 See Memorandum, ‘‘Scope Comments Decision
Memorandum for the Preliminary Determinations,’’
dated June 19, 2018 (Preliminary Scope Decision
Memorandum).
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Federal Register / Vol. 84, No. 39 / Wednesday, February 27, 2019 / Notices
used standard verification procedures,
including an examination of relevant
accounting and production records, and
original source documents provided by
Evraz and Enbridge.5
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 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. Evraz 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 Evraz, as referenced in the
‘‘Final Determination’’ section below.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Weightedaverage
dumping
margin
(percent)
Exporter or producer
amozie on DSK3GDR082PROD with NOTICES1
Evraz Inc. NA 6 ...........................
12.32
5 For discussion of our verification findings, see
the following memoranda: Memorandum,
‘‘Verification of the Cost Response of Evraz Inc. NA
(Evraz) in the Less Than-Fair-Value Investigation of
Large Diameter Welded Pipe from Canada,’’ dated
November 19, 2018; Memorandum, ‘‘Verification of
the Sales Response of Evraz in the Antidumping
Investigation of Large Diameter Welded Pipe from
Canada,’’ dated December 3, 2018; Memorandum,
‘‘Verification of the Sales Response of Enbridge Inc.
in the Antidumping Investigation of Large Diameter
Welded Pipe from Canada,’’ dated December 10,
2018.
6 Commerce preliminarily determined that Evraz
Inc. NA, Evraz Inc. NA Canada, and the Canadian
National Steel Corporation are a single entity. See
Preliminary Decision Memorandum at ‘‘Affiliation
and Collapsing.’’ We have received no comments on
this issue and are continuing to treat these as a
single entity.
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6379
protective order (APO), without the
written consent of the Assistant
Exporter or producer
Secretary for Enforcement and
Compliance. Because Commerce’s final
determination is affirmative, in
All Others ....................................
12.32 accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
Disclosure
domestic industry in the United States
We intend to disclose the calculations
is materially injured, or threatened with
performed in this final determination
material injury, by reason of imports, or
within five days of the date of
sales (or the likelihood of sales) for
publication of this notice to parties in
importation of welded pipe from
this proceeding in accordance with 19
Canada no later than 45 days after this
CFR 351.224(b).
final determination. If the ITC
determines that such injury does not
Continuation of Suspension of
exist, this proceeding will be terminated
Liquidation
and all cash deposits will be refunded.
In accordance with section
If the ITC determines that such injury
735(c)(1)(B) of the Act, for this final
does exist, Commerce will issue an
determination, we will direct U.S.
Customs and Border Protection (CBP) to antidumping duty order directing CBP
to assess, upon further instruction by
continue to suspend liquidation of all
Commerce, antidumping duties on all
entries of welded pipe from Canada, as
imports of the subject merchandise
described in Appendix I of this notice,
entered, or withdrawn from warehouse,
which are entered, or withdrawn from
for consumption on or after the effective
warehouse, for consumption on or after
August 27, 2018, the date of publication date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
in the Federal Register of the
Suspension of Liquidation’’ section.
affirmative Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of
Notification Regarding Administrative
the Act and 19 CFR 351.210(d), we will
Protective Orders
instruct CBP to require a cash deposit
This notice serves as a reminder to
for such entries of merchandise equal to
parties subject to an administrative
the estimated weighted-average
protective order (APO) of their
dumping margin as follows: (1) The
responsibility concerning the
cash deposit rate for a company listed
disposition of proprietary information
above will be equal to the respondentdisclosed under APO in accordance
specific estimated weighted-average
with 19 CFR 351.305(a)(3). Timely
dumping margin determined in this
written notification of return or
final determination; (2) if the exporter is
destruction of APO materials, or
not a respondent identified above but
conversion to judicial protective order,
the producer is, then the cash deposit
is hereby requested. Failure to comply
rate will be equal to the respondentwith the regulations and the terms of an
specific estimated weighted-average
APO is a sanctionable violation.
dumping margin established for that
producer of the subject merchandise;
Notification to Interested Parties
and (3) the cash deposit rate for all other
This determination is issued and
producers and exporters will be equal to published in accordance with sections
the all-others estimated weighted733(f) and 777(i)(1) of the Act and 19
average dumping margin. These
CFR 351.205(c).
suspension of liquidation instructions
Dated: February 19, 2019.
will remain in effect until further notice.
Weightedaverage
dumping
margin
(percent)
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
PO 00000
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Fmt 4703
Sfmt 4703
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
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Federal Register / Vol. 84, No. 39 / Wednesday, February 27, 2019 / Notices
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
amozie on DSK3GDR082PROD with NOTICES1
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Discussion of the Issues
Comment 1: Evraz and Enbridge Affiliation
Comment 2: Enbridge’s U.S. Sales
Comment 3: Freight Revenue
Comment 4: Startup Adjustment
Comment 5: Cost of Downgraded Pipe
Comment 6: Parent Holding Company G&A
Expenses
Comment 7: Major Input
Comment 8: Impairment Loss
VI. Recommendation
[FR Doc. 2019–03316 Filed 2–26–19; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG814
Public Conference Call Regarding
Atlantic Bluefin Tuna Management
Strategy Evaluation
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public conference call.
AGENCY:
NMFS is holding a
stakeholder meeting by conference call
to provide information on recent
progress related to the International
Commission for the Conservation of
Atlantic Tunas (ICCAT) bluefin tuna
management strategy evaluation (MSE).
NMFS will also receive input on issues
to be considered at an upcoming
intersessional meeting of ICCAT’s Panel
2, which will focus on initial
operational management objectives for
the bluefin tuna MSE. The conference
call is open to the public.
DATES: An operator-assisted conference
call that is open to the public will be
held on February 28, 2019, from 1 p.m.
to 2:30 p.m. EST. (phone number 800–
857–9879; verbal password ‘‘ICCAT’’).
Participants are strongly encouraged to
dial in 15 minutes prior to the meeting.
FOR FURTHER INFORMATION CONTACT:
Terra Lederhouse at (301) 427–8360.
SUPPLEMENTARY INFORMATION: The
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
is hosting an intersessional meeting of
its Panel 2 on March 4–7, 2019, in
Madrid, Spain. ICCAT’s Panel 2 is
responsible for keeping under review
the conservation and management of
northern temperature tunas, including
albacore and Atlantic bluefin. At its
March 4–7 intersessional meeting,
ICCAT’s Panel 2 will seek to advance
ongoing development of a management
strategy evaluation (MSE) for Atlantic
bluefin tuna. An MSE is a simulation
that allows stakeholders (e.g., industry,
managers, scientists, and nongovernmental organizations) to assess
how well different management
strategies, such as harvest control rules,
could meet the objectives of the fishery.
Specifically, in accordance with the
outcomes from the 21st Special Meeting
of ICCAT, the intersessional meeting
will focus on developing initial
operational management objectives for
the MSE.
For the conference call, NMFS will
provide stakeholders with updates on
SUMMARY:
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Fmt 4703
Sfmt 4703
the progress related to ICCAT’s bluefin
tuna MSE work, including recent
meetings of ICCAT’s Standing
Committee on Research and Statistics
(SCRS), ICCAT’s scientific branch.
Additionally, NMFS is interested in
learning from stakeholders about
preferred management objectives. NMFS
will provide reasonable opportunity for
public input and will announce the
timing and format for such input at the
beginning of the conference call.
Dated: February 21, 2019.
Paul Doremus,
Acting Director, Office of International Affairs
and Seafood Inspection, National Marine
Fisheries Service.
[FR Doc. 2019–03323 Filed 2–26–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG819
Meeting of the Columbia Basin
Partnership Task Force of the Marine
Fisheries Advisory Committee
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notice of open public meeting.
AGENCY:
This notice sets forth the
proposed schedule and agenda of a
forthcoming meeting of the Marine
Fisheries Advisory Committee’s
(MAFAC’s) Columbia Basin Partnership
Task Force (CBP Task Force). The CBP
Task Force will discuss the issues
outlined in the SUPPLEMENTARY
INFORMATION below.
DATES: The meeting will be held March
18, 2019 from 12 to 4:30 p.m. MT and
on March 19, 2019 from 9 a.m. to 3 p.m.
MT.
ADDRESSES: The meeting will be held at
the Residence Inn Boise Downtown/City
Center at 400 S Capitol Blvd., Boise, ID
83702; 208–424–9999.
FOR FURTHER INFORMATION CONTACT:
Katherine Cheney; NFMS West Coast
Region; 503–231–6730; email:
Katherine.Cheney@noaa.gov.
SUPPLEMENTARY INFORMATION: Notice is
hereby given of a meeting of MAFAC’s
CBP Task Force. The MAFAC was
established by the Secretary of
Commerce (Secretary) and, since 1971,
advises the Secretary on all living
marine resource matters that are the
responsibility of the Department of
Commerce. The MAFAC charter and
meeting information are located online
SUMMARY:
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Agencies
[Federal Register Volume 84, Number 39 (Wednesday, February 27, 2019)]
[Notices]
[Pages 6378-6380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03316]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-863]
Large Diameter Welded Pipe From Canada: Final Affirmative
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 Canada is being, or is
likely to be, sold in the United States at less than fair value (LTFV)
during the period of investigation (POI) January 1, 2017, through
December 31, 2017.
DATES: Applicable February 27, 2019.
FOR FURTHER INFORMATION CONTACT: Susan S. Pulongbarit or Annathea Cook,
AD/CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4031or (202) 482-
0250, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 27, 2018, Commerce published in the Federal Register the
Preliminary Determination of sales at LTFV of welded pipe from Canada,
in which we also postponed the final determination until January 9,
2018.\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 Canada: Preliminary
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 83 FR
43649 (August 27, 2018) (Preliminary Determination) and accompanying
Preliminary Decision Memorandum.
\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 Canada,'' 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 tolled
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 this final determination 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
Canada. 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 Greece, India, the People's Republic
of China (China) and the Republic of Turkey (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 to address these comments.\4\ 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 December 2018, we conducted
verification of the sales and cost information submitted by Evraz Inc.
NA (Evraz) and Enbridge Inc. (Enbridge) for use in our final
determination. We
[[Page 6379]]
used standard verification procedures, including an examination of
relevant accounting and production records, and original source
documents provided by Evraz and Enbridge.\5\
---------------------------------------------------------------------------
\5\ For discussion of our verification findings, see the
following memoranda: Memorandum, ``Verification of the Cost Response
of Evraz Inc. NA (Evraz) in the Less Than-Fair-Value Investigation
of Large Diameter Welded Pipe from Canada,'' dated November 19,
2018; Memorandum, ``Verification of the Sales Response of Evraz in
the Antidumping Investigation of Large Diameter Welded Pipe from
Canada,'' dated December 3, 2018; Memorandum, ``Verification of the
Sales Response of Enbridge Inc. in the Antidumping Investigation of
Large Diameter Welded Pipe from Canada,'' dated December 10, 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. Evraz 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 Evraz, as referenced in the ``Final
Determination'' section below.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
---------------------------------------------------------------------------
\6\ Commerce preliminarily determined that Evraz Inc. NA, Evraz
Inc. NA Canada, and the Canadian National Steel Corporation are a
single entity. See Preliminary Decision Memorandum at ``Affiliation
and Collapsing.'' We have received no comments on this issue and are
continuing to treat these as a single entity.
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Evraz Inc. NA \6\........................................... 12.32
All Others.................................................. 12.32
------------------------------------------------------------------------
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 from
Canada, as described in Appendix I of this notice, which are entered,
or withdrawn from warehouse, 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 a company 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 Canada 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 is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(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
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be used to transport oil, gas, slurry, steam, or other fluids,
liquids, or gases. It may also be used for structural purposes,
including, but not limited to, piling. Specifically, not included is
large diameter welded pipe produced only to specifications of the
American Water Works Association (AWWA) for water and sewage pipe.
Large diameter welded pipe used to transport oil, gas, or
natural gas liquids is normally produced to the American Petroleum
Institute (API) specification 5L. Large diameter welded pipe may
also be produced to American Society for Testing and Materials
(ASTM) standards A500, A252, or A53, or other relevant domestic
specifications, grades and/or standards. Large diameter welded pipe
can be produced to comparable foreign specifications, grades and/or
standards or to proprietary specifications, grades and/or standards,
or can be non-graded material. All pipe meeting the physical
description set forth above is covered by the scope of this
investigation, whether or not produced according to a particular
standard.
Subject merchandise also includes large diameter welded pipe
that has been further processed in a third country, including but
not limited to coating, painting, notching, beveling, cutting,
punching, welding, or any other processing that would not otherwise
remove the merchandise from the scope of the investigation if
performed in the country of manufacture of the in-scope large
diameter welded pipe.
The large diameter welded pipe that is subject to this
investigation is currently classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) under subheadings
7305.11.1030, 7305.11.1060, 7305.11.5000, 7305.12.1030,
7305.12.1060, 7305.12.5000, 7305.19.1030, 7305.19.1060,
7305.19.5000, 7305.31.4000, 7305.31.6010, 7305.31.6090, 7305.39.1000
and 7305.39.5000. While the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Discussion of the Issues
Comment 1: Evraz and Enbridge Affiliation
Comment 2: Enbridge's U.S. Sales
Comment 3: Freight Revenue
Comment 4: Startup Adjustment
Comment 5: Cost of Downgraded Pipe
Comment 6: Parent Holding Company G&A Expenses
Comment 7: Major Input
Comment 8: Impairment Loss
VI. Recommendation
[FR Doc. 2019-03316 Filed 2-26-19; 8:45 am]
BILLING CODE 3510-DS-P