Large Diameter Welded Pipe From the People's Republic of China: Antidumping Duty Order, 8083-8085 [2019-04050]
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Federal Register / Vol. 84, No. 44 / Wednesday, March 6, 2019 / Notices
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties has occurred, and
the subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213 and 351.221(b)(4).
Dated: February 28, 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
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Respondent Selection
4. Scope of the Order
5. Preliminary Determination Regarding No
Shipments Claim
6. Separate Rates
7. Recommendation
[FR Doc. 2019–04046 Filed 3–5–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–077]
Large Diameter Welded Pipe From the
People’s Republic of China:
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing an antidumping
duty order on large diameter welded
carbon and alloy steel line and
structural pipe from the People’s
Republic of China (China).
DATES: Applicable March 6, 2019.
FOR FURTHER INFORMATION CONTACT:
Ryan Mullen at (202) 482–5260, AD/
CVD Operations, Enforcement and
Compliance, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
VerDate Sep<11>2014
18:35 Mar 05, 2019
Jkt 247001
Background
On November 14, 2018, Commerce
published its affirmative final
determination in the less-than-fair-value
(LTFV) investigation of large diameter
welded pipe from China.1 The scope of
the investigation in Commerce’s final
determination covered large diameter
welded carbon and alloy steel line pipe
(welded line pipe), large diameter
welded carbon and alloy steel structural
pipe (welded structural pipe), and
stainless steel large diameter welded
pipe (stainless steel pipe) from China.2
As discussed below, the ITC
subsequently found three domestic like
products covered by the scope of the
investigation (welded line pipe, welded
structural pipe, and stainless steel pipe)
and, accordingly, made a separate injury
determination with respect to each
domestic like product. On January 30,
2019, the ITC notified Commerce of its
final determination, pursuant to section
735(d) of the Tariff Act of 1930, as
amended (the Act), that an industry in
the United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act, by reason of
LTFV imports of welded structural pipe
from China, and is threatened with
material injury within the meaning of
section 735(b)(1)(A)(ii) of the Act by
reason of LTFV imports of welded line
pipe from China.3 Additionally, the ITC
made a negative determination of
material injury or threat of material
injury with respect to stainless steel
pipe.4 On February 13, 2019, Commerce
released draft revised scope language for
comment by parties. No party objected
to the revised scope language in this
proceeding.
Scope of the Order
The products covered by this order
are welded line and structural pipe from
China. For a complete description of the
scope of this order, see the Appendix to
this notice.
Antidumping Duty Order
On January 30, 2019, in accordance
with sections 735(b)(1)(A)(i) and (ii) and
1 See Large Diameter Welded Pipe from the
People’s Republic of China: Final Determination of
Sales at Less Than Fair Value, 83 FR 56816
(November 14, 2018) (Final Determination).
2 Id.
3 See ITC Notification Letter regarding ITC
Investigation Nos. 701–TA–593–594 and 731–TA–
1402 and 1404 (January 2019) (ITC Notification).
See also Large Diameter Welded Pipe from China
and India; Determinations, 84 FR 1785 (February 5,
2019) (ITC Final Determination) and Large Diameter
Welded Pipe from China, Investigation Nos. 701–
TA–583–594, 731–TA–1402 and 731–TA–1404
(Final), Publication 4859, January 2019 (Final ITC
Report).
4 Id.
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Fmt 4703
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8083
735(d) of the Act, the ITC notified
Commerce of its final determination in
this investigation, in which it found that
imports of welded structural pipe from
China are materially injuring a U.S.
industry, and that imports of welded
line pipe from China threaten material
injury.5 As a result, and in accordance
with sections 735(c)(2) and 736 of the
Act, we are publishing this antidumping
duty order. As noted above, in its
determination, the ITC found three
domestic like products covered by the
scope of the investigation: welded line
pipe, welded structural pipe, and
stainless steel pipe. The ITC made a
negative determination with respect to
stainless steel pipe from China. The ITC
made an affirmative determination with
respect to welded line pipe and welded
structural pipe from China. Because the
ITC made distinct and different injury
determinations for separate domestic
like products, Commerce will instruct
U.S. Customs and Border Protection
(CBP) to assess antidumping duties on
entries of welded line pipe and welded
structural pipe (subject merchandise)
from China and not on entries of
stainless steel pipe (excluded
merchandise) from China.
Welded Line Pipe
The Final ITC Report describes
welded line pipe as a tubular product
produced from carbon and alloy steel,
produced to American Petroleum
Institute (API) 5L specifications, and
designed for conveying liquids and
gases.6 Because the ITC determined that
LTFV imports of welded line pipe from
China are threatening material injury to
a U.S. industry,7 Commerce will direct
CBP that unliquidated entries of subject
merchandise from China, entered or
withdrawn from warehouse, are subject
to the assessment of antidumping duties
pursuant to section 736 of the Act.
Specifically, as a result of the ITC’s final
determination, in accordance with
section 736(a) of the Act, Commerce
will direct CBP to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise for all
relevant entries of welded line pipe
from China.
Pursuant to section 736(b)(2) of the
Act, duties shall be assessed on subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the ITC’s
5 See ITC Notification; ITC Final Determination,
84 FR at 1785.
6 Id. at 11–12.
7 Id. at 1 and 3.
E:\FR\FM\06MRN1.SGM
06MRN1
8084
Federal Register / Vol. 84, No. 44 / Wednesday, March 6, 2019 / Notices
notice of final determination if that
determination is based on the threat of
material injury, other than threat of
material injury described in section
736(b)(1) of the Act.8 In addition,
section 736(b)(2) of the Act requires CBP
to release any bond or other security,
and refund any cash deposit made of
estimated antidumping duties posted
since Commerce’s preliminary
antidumping duty determination.
Because the ITC’s final determination
with respect to welded line pipe from
China is based on the threat of material
injury and is not accompanied by a
finding that injury would have resulted
but for the imposition of suspension of
liquidation of entries since Commerce’s
preliminary determination, section
736(b)(2) of the Act is applicable.
Accordingly, antidumping duties will
be assessed on unliquidated entries of
welded line pipe from China entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of the ITC’s notice of final
determination in the Federal Register.
Further, Commerce will direct CBP to
terminate the suspension of liquidation
for entries of welded line pipe from
China entered, or withdrawn from
warehouse, for consumption prior to the
publication of the ITC’s notice of final
determination in the Federal Register.
Commerce will also instruct CBP to
refund any cash deposits made with
respect to entries of welded line pipe
entered, or withdrawn from warehouse,
for consumption on or after August 27,
2018 (the date of publication of the
Preliminary Determination), but before
December 25, 2018 (the date suspension
of liquidation was discontinued in
accordance with section 733(d) of the
Act).
Welded Structural Pipe
The Final ITC Report describes
welded structural pipe as a tubular
product produced from carbon and alloy
steel, produced to American Society for
Testing and Materials (ASTM)
specifications, and designed for support
in construction projects and piling.9
Because the ITC found that LTFV
imports of welded structural pipe from
China are materially injuring a U.S.
industry,10 Commerce will direct CBP
8 Section 736(b)(1) of the Act states that ‘‘{if the
ITC}, in its final determination under section
735(b), finds material injury or threat of material
injury which, but for the suspension of liquidation
under section 733(d)(2) would have led to a finding
of material injury, then entries of the subject
merchandise, the liquidation of which has been
suspended under section 733(d)(2), shall be subject
to the imposition of antidumping duties under
section 731.’’)
9 See Final ITC Report at 11–12.
10 Id. at 1 and 3.
VerDate Sep<11>2014
18:35 Mar 05, 2019
Jkt 247001
that all unliquidated entries of subject
merchandise from China, entered or
withdrawn from warehouse, are subject
to the assessment of antidumping duties
pursuant to section 736 of the Act.
Specifically, as a result of the ITC’s final
determination, in accordance with
section 736(a) of the Act, Commerce
will direct CBP to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise for all
relevant entries of welded structural
pipe from China. Antidumping duties
will be assessed on unliquidated entries
of welded structural pipe from China
entered, or withdrawn from warehouse,
for consumption on or after August 27,
2018, the date of publication of the
Preliminary Determination,11 but not on
entries occurring between the expiration
of the provisional measures period and
the date of publication of the ITC’s
notice of final determination in the
Federal Register, as discussed further
below.
Stainless Steel Pipe
The Final ITC Report describes
stainless steel pipe as being produced
from stainless steel for its high-chrome
chemistry and corrosion-resistant
properties.12 Because the ITC made a
negative determination of material
injury or threat of material injury by
reason of LTFV imports of stainless steel
pipe from China,13 Commerce will
direct CBP to terminate the suspension
of liquidation for entries of stainless
steel pipe from China entered, or
withdrawn from warehouse, and refund
all cash deposits with respect to these
entries pursuant to section 735(c)(2) of
the Act.
Suspension of Liquidation
In accordance with section 736 of the
Act, Commerce will direct CBP to
reinstitute the suspension of liquidation
of subject merchandise (i.e., welded line
and structural pipe) from China,
effective the date of publication of the
ITC Final Determination in the Federal
Register, and to assess, upon further
instruction by Commerce pursuant to
section 736(a)(1) of the Act,
antidumping duties for each entry of the
subject merchandise equal to the
amount by which the normal value of
the merchandise exceeds the export
11 See Large Diameter Welded Pipe from the
People’s Republic of China: Preliminary
Determination of Sales at Less Than Fair Value, 83
FR 43644 (August 27, 2018) (Preliminary
Determination).
12 Id. at 10.
13 Id. at 1 and 3.
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Fmt 4703
Sfmt 4703
price (or constructed export price) of the
merchandise. We intend to instruct CBP
to require, at the same time as importers
would normally deposit estimated
import duties on this merchandise, cash
deposits for each entry of subject
merchandise equal to the rates noted
below. These instructions suspending
liquidation will remain in effect until
further notice. As stated in the Final
Determination, Commerce is making no
adjustments for export subsidies to the
antidumping cash deposit rate in
because we have made no findings in
the companion countervailing duty
investigation that any of the programs
are export subsidies.14
Exporter/producer
Estimated
weightedaverage
dumping
margin
(percent)
China-wide Entity ........................
132.63
Notifications to Interested Parties
This notice constitutes the
antidumping duty order with respect to
welded line and structural pipe from
China pursuant to section 736(a) of the
Act. Interested parties can find a list of
antidumping duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
This order is published in accordance
with sections 735(c) and 736(a) of the
Act and 19 CFR 351.211(b).
Dated: February 28, 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
Scope of the Order
The merchandise covered by this order is
welded carbon and alloy steel pipe (other
than 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.
14 See
E:\FR\FM\06MRN1.SGM
Final Determination, 83 FR at 56817.
06MRN1
Federal Register / Vol. 84, No. 44 / Wednesday, March 6, 2019 / Notices
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 order, 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 order 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 order 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, 7305.31.6090, 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 order is
dispositive.
[FR Doc. 2019–04050 Filed 3–5–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Large Diameter Welded Pipe From
India: Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing a countervailing
duty order on large diameter welded
carbon and alloy steel line pipe from
India.
AGENCY:
Applicable March 6, 2019.
FOR FURTHER INFORMATION CONTACT:
Robert Palmer at (202) 482–9068 or
Suzanne Lam at (202) 482–0783, AD/
CVD Operations, Enforcement and
Compliance, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
On November 14, 2018, Commerce
published its affirmative final
determination in the countervailing
duty investigation of large diameter
welded pipe from India.1 The scope of
the investigation in Commerce’s final
determination covered large diameter
welded carbon and alloy steel line pipe
(welded line pipe), large diameter
welded carbon and alloy steel structural
pipe (welded structural pipe), and
stainless steel large diameter welded
pipe (stainless steel pipe) from India.2
As discussed below, the ITC
subsequently found three domestic like
products covered by the scope of the
investigation (welded line pipe, welded
structural pipe, and stainless steel pipe)
and accordingly made a separate injury
determination with respect to each
domestic like product. On January 30,
2019, the ITC notified Commerce of its
final determination, pursuant to 705(d)
of the Tariff Act of 1930, as amended
(the Act), that an industry in the United
States is materially injured within the
meaning of section 705(b)(1)(A)(i) of the
Act, by reason of subsidized imports of
welded line pipe from India.3
Additionally, the ITC made a
negligibility finding with respect to
welded structural pipe and a negative
determination of material injury or
threat of material injury with respect to
stainless steel pipe.4 On February 13,
2019, Commerce released draft revised
scope language for comment by parties.
No party objected to the revised scope
language in this proceeding.
Scope of the Order
[C–533–882]
DATES:
Background
18:35 Mar 05, 2019
Jkt 247001
The product covered by this order is
welded line pipe from India. For a
complete description of the scope of this
order, see the Appendix to this notice.
Countervailing Duty Order
On January 30, 2019, in accordance
with section 705(b)(1)(A)(i) and 705(d)
of the Act, the ITC notified Commerce
of its final determination in this
investigation, in which it found that
1 See Large Diameter Welded Pipe from India:
Final Affirmative Countervailing Duty
Determination, 83 FR 56819 (November 14, 2018).
2 Id.
3 See ITC Notification Letter to the Deputy
Assistant Secretary for Enforcement and
Compliance, referencing ITC Investigation Nos.
701–TA–593–594, 731–TA–1402, and 731–TA–
1404 (January 30, 2019) (ITC Notification). See also
Large Diameter Welded Pipe from China and India;
Determinations, 84 FR 1785 (February 5, 2019) (ITC
Final Determination) and Large Diameter Welded
Pipe from China and India, Investigation Nos. 701–
TA–593–594, 731–TA–1402 and 731–TA–1404
(Final), Publication 4859, January 2019 (Final ITC
Report).
4 Id.
PO 00000
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Fmt 4703
Sfmt 4703
8085
imports of welded line pipe are
materially injuring a U.S. industry.5 As
a result, and in accordance with section
705(c)(2) and 706 of the Act, we are
publishing this countervailing duty
order. As noted above, in its
determination, the ITC found three
domestic like products covered by the
scope of the investigation: Welded line
pipe, welded structural pipe, and
stainless steel pipe. The ITC made a
negative determination with respect to
stainless steel pipe from India, and
found that imports of welded structural
pipe from India are negligible. The ITC
made an affirmative determination with
respect to welded line pipe from India.
Because the ITC made distinct and
different injury determinations for
separate domestic like products,
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
countervailing duties on entries of
welded line pipe (subject merchandise)
from India, and not on entries of welded
structural pipe and stainless steel pipe
(excluded merchandise) from India.
Welded Line Pipe
The Final ITC Report describes
welded line pipe as a tubular product
produced from carbon and alloy steel,
produced to American Petroleum
Instiute (API) 5L specifications, and
designed for conveying liquids and
gases.6 Because the ITC determined that
subsidized imports of welded line pipe
from India are materially injuring a U.S.
industry,7 all unliquidated entries of
subject merchandise from India, entered
or withdrawn from warehouse, are
subject to the assessment of
countervailing duties, as described
below.
As a result of the ITC Final
Determination, in accordance with
section 706(a) of the Act, Commerce
will direct CBP to assess, upon further
instruction by Commerce,
countervailing duties for all relevant
entries of welded line pipe from India.
Countervailing duties will be assessed
on unliquidated entries of welded line
pipe from India entered, or withdrawn
from warehouse, for consumption on or
after June 29, 2018, the date of
publication of the Preliminary
Determination,8 but will not be assessed
on entries occurring after the expiration
5 See ITC Notification; ITC Final Determination,
84 FR 1785.
6 See Final ITC Report at 11–12.
7 Id. at 1 and 3.
8 See Large Diameter Welded Pipe From India:
Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
Determination with Final Antidumping Duty
Determination, 83 FR 30690 (June 29, 2018)
(Preliminary Determination).
E:\FR\FM\06MRN1.SGM
06MRN1
Agencies
[Federal Register Volume 84, Number 44 (Wednesday, March 6, 2019)]
[Notices]
[Pages 8083-8085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04050]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-077]
Large Diameter Welded Pipe From the People's Republic of China:
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing an antidumping duty order on large diameter welded
carbon and alloy steel line and structural pipe from the People's
Republic of China (China).
DATES: Applicable March 6, 2019.
FOR FURTHER INFORMATION CONTACT: Ryan Mullen at (202) 482-5260, AD/CVD
Operations, Enforcement and Compliance, U.S. Department of Commerce,
1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2018, Commerce published its affirmative final
determination in the less-than-fair-value (LTFV) investigation of large
diameter welded pipe from China.\1\ The scope of the investigation in
Commerce's final determination covered large diameter welded carbon and
alloy steel line pipe (welded line pipe), large diameter welded carbon
and alloy steel structural pipe (welded structural pipe), and stainless
steel large diameter welded pipe (stainless steel pipe) from China.\2\
As discussed below, the ITC subsequently found three domestic like
products covered by the scope of the investigation (welded line pipe,
welded structural pipe, and stainless steel pipe) and, accordingly,
made a separate injury determination with respect to each domestic like
product. On January 30, 2019, the ITC notified Commerce of its final
determination, pursuant to section 735(d) of the Tariff Act of 1930, as
amended (the Act), that an industry in the United States is materially
injured within the meaning of section 735(b)(1)(A)(i) of the Act, by
reason of LTFV imports of welded structural pipe from China, and is
threatened with material injury within the meaning of section
735(b)(1)(A)(ii) of the Act by reason of LTFV imports of welded line
pipe from China.\3\ Additionally, the ITC made a negative determination
of material injury or threat of material injury with respect to
stainless steel pipe.\4\ On February 13, 2019, Commerce released draft
revised scope language for comment by parties. No party objected to the
revised scope language in this proceeding.
---------------------------------------------------------------------------
\1\ See Large Diameter Welded Pipe from the People's Republic of
China: Final Determination of Sales at Less Than Fair Value, 83 FR
56816 (November 14, 2018) (Final Determination).
\2\ Id.
\3\ See ITC Notification Letter regarding ITC Investigation Nos.
701-TA-593-594 and 731-TA-1402 and 1404 (January 2019) (ITC
Notification). See also Large Diameter Welded Pipe from China and
India; Determinations, 84 FR 1785 (February 5, 2019) (ITC Final
Determination) and Large Diameter Welded Pipe from China,
Investigation Nos. 701-TA-583-594, 731-TA-1402 and 731-TA-1404
(Final), Publication 4859, January 2019 (Final ITC Report).
\4\ Id.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are welded line and structural
pipe from China. For a complete description of the scope of this order,
see the Appendix to this notice.
Antidumping Duty Order
On January 30, 2019, in accordance with sections 735(b)(1)(A)(i)
and (ii) and 735(d) of the Act, the ITC notified Commerce of its final
determination in this investigation, in which it found that imports of
welded structural pipe from China are materially injuring a U.S.
industry, and that imports of welded line pipe from China threaten
material injury.\5\ As a result, and in accordance with sections
735(c)(2) and 736 of the Act, we are publishing this antidumping duty
order. As noted above, in its determination, the ITC found three
domestic like products covered by the scope of the investigation:
welded line pipe, welded structural pipe, and stainless steel pipe. The
ITC made a negative determination with respect to stainless steel pipe
from China. The ITC made an affirmative determination with respect to
welded line pipe and welded structural pipe from China. Because the ITC
made distinct and different injury determinations for separate domestic
like products, Commerce will instruct U.S. Customs and Border
Protection (CBP) to assess antidumping duties on entries of welded line
pipe and welded structural pipe (subject merchandise) from China and
not on entries of stainless steel pipe (excluded merchandise) from
China.
---------------------------------------------------------------------------
\5\ See ITC Notification; ITC Final Determination, 84 FR at
1785.
---------------------------------------------------------------------------
Welded Line Pipe
The Final ITC Report describes welded line pipe as a tubular
product produced from carbon and alloy steel, produced to American
Petroleum Institute (API) 5L specifications, and designed for conveying
liquids and gases.\6\ Because the ITC determined that LTFV imports of
welded line pipe from China are threatening material injury to a U.S.
industry,\7\ Commerce will direct CBP that unliquidated entries of
subject merchandise from China, entered or withdrawn from warehouse,
are subject to the assessment of antidumping duties pursuant to section
736 of the Act. Specifically, as a result of the ITC's final
determination, in accordance with section 736(a) of the Act, Commerce
will direct CBP to assess, upon further instruction by Commerce,
antidumping duties equal to the amount by which the normal value of the
merchandise exceeds the export price (or constructed export price) of
the merchandise for all relevant entries of welded line pipe from
China.
---------------------------------------------------------------------------
\6\ Id. at 11-12.
\7\ Id. at 1 and 3.
---------------------------------------------------------------------------
Pursuant to section 736(b)(2) of the Act, duties shall be assessed
on subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the ITC's
[[Page 8084]]
notice of final determination if that determination is based on the
threat of material injury, other than threat of material injury
described in section 736(b)(1) of the Act.\8\ In addition, section
736(b)(2) of the Act requires CBP to release any bond or other
security, and refund any cash deposit made of estimated antidumping
duties posted since Commerce's preliminary antidumping duty
determination. Because the ITC's final determination with respect to
welded line pipe from China is based on the threat of material injury
and is not accompanied by a finding that injury would have resulted but
for the imposition of suspension of liquidation of entries since
Commerce's preliminary determination, section 736(b)(2) of the Act is
applicable. Accordingly, antidumping duties will be assessed on
unliquidated entries of welded line pipe from China entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the ITC's notice of final determination in the Federal
Register. Further, Commerce will direct CBP to terminate the suspension
of liquidation for entries of welded line pipe from China entered, or
withdrawn from warehouse, for consumption prior to the publication of
the ITC's notice of final determination in the Federal Register.
Commerce will also instruct CBP to refund any cash deposits made with
respect to entries of welded line pipe entered, or withdrawn from
warehouse, for consumption on or after August 27, 2018 (the date of
publication of the Preliminary Determination), but before December 25,
2018 (the date suspension of liquidation was discontinued in accordance
with section 733(d) of the Act).
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\8\ Section 736(b)(1) of the Act states that ``{if the
ITC{time} , in its final determination under section 735(b), finds
material injury or threat of material injury which, but for the
suspension of liquidation under section 733(d)(2) would have led to
a finding of material injury, then entries of the subject
merchandise, the liquidation of which has been suspended under
section 733(d)(2), shall be subject to the imposition of antidumping
duties under section 731.'')
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Welded Structural Pipe
The Final ITC Report describes welded structural pipe as a tubular
product produced from carbon and alloy steel, produced to American
Society for Testing and Materials (ASTM) specifications, and designed
for support in construction projects and piling.\9\ Because the ITC
found that LTFV imports of welded structural pipe from China are
materially injuring a U.S. industry,\10\ Commerce will direct CBP that
all unliquidated entries of subject merchandise from China, entered or
withdrawn from warehouse, are subject to the assessment of antidumping
duties pursuant to section 736 of the Act. Specifically, as a result of
the ITC's final determination, in accordance with section 736(a) of the
Act, Commerce will direct CBP to assess, upon further instruction by
Commerce, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price (or constructed
export price) of the merchandise for all relevant entries of welded
structural pipe from China. Antidumping duties will be assessed on
unliquidated entries of welded structural pipe from China entered, or
withdrawn from warehouse, for consumption on or after August 27, 2018,
the date of publication of the Preliminary Determination,\11\ but not
on entries occurring between the expiration of the provisional measures
period and the date of publication of the ITC's notice of final
determination in the Federal Register, as discussed further below.
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\9\ See Final ITC Report at 11-12.
\10\ Id. at 1 and 3.
\11\ See Large Diameter Welded Pipe from the People's Republic
of China: Preliminary Determination of Sales at Less Than Fair
Value, 83 FR 43644 (August 27, 2018) (Preliminary Determination).
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Stainless Steel Pipe
The Final ITC Report describes stainless steel pipe as being
produced from stainless steel for its high-chrome chemistry and
corrosion-resistant properties.\12\ Because the ITC made a negative
determination of material injury or threat of material injury by reason
of LTFV imports of stainless steel pipe from China,\13\ Commerce will
direct CBP to terminate the suspension of liquidation for entries of
stainless steel pipe from China entered, or withdrawn from warehouse,
and refund all cash deposits with respect to these entries pursuant to
section 735(c)(2) of the Act.
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\12\ Id. at 10.
\13\ Id. at 1 and 3.
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Suspension of Liquidation
In accordance with section 736 of the Act, Commerce will direct CBP
to reinstitute the suspension of liquidation of subject merchandise
(i.e., welded line and structural pipe) from China, effective the date
of publication of the ITC Final Determination in the Federal Register,
and to assess, upon further instruction by Commerce pursuant to section
736(a)(1) of the Act, antidumping duties for each entry of the subject
merchandise equal to the amount by which the normal value of the
merchandise exceeds the export price (or constructed export price) of
the merchandise. We intend to instruct CBP to require, at the same time
as importers would normally deposit estimated import duties on this
merchandise, cash deposits for each entry of subject merchandise equal
to the rates noted below. These instructions suspending liquidation
will remain in effect until further notice. As stated in the Final
Determination, Commerce is making no adjustments for export subsidies
to the antidumping cash deposit rate in because we have made no
findings in the companion countervailing duty investigation that any of
the programs are export subsidies.\14\
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\14\ See Final Determination, 83 FR at 56817.
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
China-wide Entity.......................................... 132.63
------------------------------------------------------------------------
Notifications to Interested Parties
This notice constitutes the antidumping duty order with respect to
welded line and structural pipe from China pursuant to section 736(a)
of the Act. Interested parties can find a list of antidumping duty
orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
This order is published in accordance with sections 735(c) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: February 28, 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
Scope of the Order
The merchandise covered by this order is welded carbon and alloy
steel pipe (other than 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.
[[Page 8085]]
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 order, 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 order 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 order 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,
7305.31.6090, 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 order is dispositive.
[FR Doc. 2019-04050 Filed 3-5-19; 8:45 am]
BILLING CODE 3510-DS-P