Circular Welded Carbon Quality Steel Pipe From the People's Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order, 15584-15585 [2019-07543]

Download as PDF 15584 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Notices B. Results of the Differential Pricing Analysis VIII. Date of Sale IX. Product Comparisons X. Export Price and Constructed Export Price XI. Normal Value A. Comparison Market Viability B. Affiliated Party Transactions and Arm’sLength Test C. Level of Trade D. Cost of Production Analysis 1. Calculation of Cost of Production 2. Test of Comparison Market Sales Prices 3. Results of the COP Test E. Calculation of Normal Value Based on Comparison Market Prices XII. Currency Conversion XIII. Recommendation [FR Doc. 2019–07560 Filed 4–15–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–910] Circular Welded Carbon Quality Steel Pipe From the People’s Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) finds that revocation of the antidumping duty order on circular welded carbon quality steel pipe (CWP) from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of dumping, at the level indicated in the ‘‘Final Results of Sunset Review’’ section of this notice, infra. DATES: Applicable April 16, 2019. FOR FURTHER INFORMATION CONTACT: Jonathan Hill or Howard Smith, AD/ CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3518 or (202) 482–5193, respectively. khammond on DSKBBV9HB2PROD with NOTICES AGENCY: Background On July 22, 2008, Commerce published in the Federal Register the antidumping duty order on CWP from China.1 On November 1, 2018, Commerce published the notice of initiation of this sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 1 See Notice of Antidumping Duty Order: Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China, 73 FR 42547 (July 22, 2008) (Order). VerDate Sep<11>2014 16:32 Apr 15, 2019 Jkt 247001 Act).2 From November 15, 2018, through November 16, 2018, pursuant to 19 CFR 351.218(d)(1), Commerce received timely and complete notices of intent to participate in the sunset review from Zekelman Industries (Zekelman), Bull Moose Tube Company (Bull), EXLTUBE (EXL), TMK IPSCO (TMK), Wheatland Tube (Wheatland), Independence Tube Corporation (Independence), and Southland Tube Incorporated (Southland) (collectively domestic interested parties) in which the domestic interested parties claimed interested party status, as domestic producers of CWP, under section 771(9)(C) of the Act.3 This notice was filed within the time period specified in 19 CFR 351.218(d)(1)(i).4 On November 29, 2018, pursuant to 19 CFR 351.218(d)(3)(i), domestic interested parties filed a timely and adequate substantive response.5 Commerce did not receive a substantive response from any respondent interested party. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the Order. Scope of the Order The merchandise subject to the Order is certain welded carbon quality steel pipes and tubes, of circular crosssection, and with an outside diameter of 0.372 inches (9.45 mm) or more, but not more than 16 inches (406.4 mm), whether or not stenciled, regardless of wall thickness, surface finish (e.g., black, galvanized, or painted), end finish (e.g., plain end, beveled end, grooved, threaded, or threaded and coupled), or industry specification (e.g., ASTM, proprietary, or other), generally known as standard pipe and structural pipe (they may also be referred to as circular, structural, or mechanical tubing). The pipe products that are the subject of the Order are currently classifiable in HTSUS statistical reporting numbers 7306.30.10.00, 7306.30.50.25, 7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 7306.30.50.85, 7306.30.50.90, 7306.50.10.00, 7306.50.50.50, 7306.50.50.70, 7306.19.10.10, 7306.19.10.50, 7306.19.51.10, and 7306.19.51.50. 2 See Initiation of Five-Year (Sunset) Review, 83 FR 54915 (November 1, 2018). 3 See Zekelman’s Letter of Intent dated November 16, 2018; see also Bull, EXL, and TMK’s Letter of Intent dated November 16, 2018, see also Wheatland, Independence, and Southland’s Letter of Intent dated November 16, 2018. 4 Id. 5 See domestic interested parties Substantive Response dated November 29, 2018 (Substantive Response). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 However, the product description, and not the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) classification, is dispositive of whether merchandise imported into the United States falls within the scope of the Order.6 Analysis of Comments Received A complete discussion of all issues raised in this sunset review, specifically the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the Order were to be revoked, is provided in the accompanying Issues and Decision Memorandum, which is hereby adopted by this notice.7 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 http://access.trade.gov and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Final Results of Sunset Review Pursuant to sections 751(c)(1), 752(c)(1) and (3) of the Act, Commerce determines that revocation of the Order would likely lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail would be weightedaverage dumping margins up to 85.55 percent. Notification Regarding Administrative Protective Orders This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply 6 For a complete description of the scope of the Order, see Commerce’s Issues and Decision Memorandum for the Expedited Second Sunset Review of the Antidumping Duty Order on Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China (Issues and Decision Memorandum), dated concurrently with this notice. 7 Id. E:\FR\FM\16APN1.SGM 16APN1 Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Notices with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing the results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: April 10, 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. [FR Doc. 2019–07543 Filed 4–15–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–011] Certain Crystalline Silicon Photovoltaic Products From the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review, and Rescission of Review in Part; 2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that producers and/or exporters subject to this administrative review received countervailable subsidies during the period of review (POR), January 1, 2017, through December 31, 2017. Interested parties are invited to comment on these preliminary results. DATES: Applicable April 16, 2019. FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3586. SUPPLEMENTARY INFORMATION: khammond on DSKBBV9HB2PROD with NOTICES AGENCY: Background Commerce published the initiation of this administrative review on April 16, 2018.1 This review covers three producers/exporters: Risen Energy Co., Ltd.; Shenzhen Sungold Solar Co., Ltd.; and Sol-Lite Manufacturing Co., Ltd. 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, 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 16298 (April 16, 2018). VerDate Sep<11>2014 16:32 Apr 15, 2019 Jkt 247001 2019.2 As a result, the revised deadline for these preliminary results was extended to March 10, 2019.3 On March 8, 2019, we extended the deadline for these preliminary results by 30 days to April 9, 2019.4 Scope of the Order The merchandise covered by this order are modules, laminates and/or panels consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including building integrated materials. For purposes of this order, subject merchandise includes modules, laminates and/or panels assembled in the China consisting of crystalline silicon photovoltaic cells produced in a customs territory other than China. For a complete description of the scope of this administrative review, see the Preliminary Decision Memorandum.5 Methodology Commerce is conducting this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, Commerce preliminarily finds that there is a subsidy (i.e., a financial contribution from an authority that gives rise to a benefit to the recipient) and that the subsidy is specific.6 Commerce notes that, in making these findings, we relied on total facts available and, because we find that the mandatory respondents did 2 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. As a result, all deadlines in this segment of the proceeding have been extended by 40 days. 3 The March 10, 2019 deadline was a Sunday. As a result, this deadline fell to the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, as Amended, 70 FR 24533 (May 10, 2005). 4 See Memorandum, ‘‘Administrative Review of the Countervailing Duty Order on Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China, Second Extension of Deadline for Preliminary Results,’’ dated March 8, 2019. We note that this 30-day extension is from the March 10, 2019 deadline, which was a non-business day. Accordingly, the revised deadline for these preliminary results is April 9, 2019. 5 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results in the Countervailing Duty Administrative Review of Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China; 2017,’’ dated concurrently with and hereby adopted by this notice (Preliminary Decision Memorandum). 6 See section 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 15585 not act to the best of their ability to respond to Commerce’s request for information, Commerce drew an adverse inference in selecting from the facts otherwise available.7 For further information, see ‘‘Use of Facts Otherwise Available and Application of Adverse Inferences,’’ in the accompanying Preliminary Decision Memorandum. A list of topics discussed in the Preliminary Decision Memorandum is provided at Appendix I to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/index.html. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. Rescission of Administrative Review, in Part Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation of the requested review. This review was initiated on April 16, 2018. On July 16, 2018, Shenzhen Letsolar Technology Co., Ltd. (Letsolar) timely withdrew its request for review of its own entries.8 As no other party requested an administrative review of Letsolar, we are rescinding this review with respect to Letsolar, in accordance with 19 CFR 351.213(d)(1). Further, we received timely filed certifications of no shipments from Shanghai JA Solar Technology Co., Ltd. and Hefei JA Solar Technology Co., Ltd. (collectively, JA Solar).9 To confirm JA Solar’s statement, we issued a noshipment inquiry to U.S. Customs and Border Protection (CBP) with respect to 7 See sections 776(a) and (b) of the Act. Letter from Letsolar, ‘‘Letsolar Withdrawal of Review Request for Administrative Review of the Countervailing Duty Order on Crystalline Silicon Photovoltaic Products from the People’s Republic of China,’’ dated July 16, 2018. 9 See Letter from JA Solar, ‘‘Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China: No Shipment Certification of Shanghai JA Solar Technology Co., Ltd. and Hefei JA Solar Technology Co., Ltd.,’’ dated May 16, 2018. 8 See E:\FR\FM\16APN1.SGM 16APN1

Agencies

[Federal Register Volume 84, Number 73 (Tuesday, April 16, 2019)]
[Notices]
[Pages 15584-15585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07543]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-910]


Circular Welded Carbon Quality Steel Pipe From the People's 
Republic of China: Final Results of the Expedited Second Sunset Review 
of the Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) finds that revocation of 
the antidumping duty order on circular welded carbon quality steel pipe 
(CWP) from the People's Republic of China (China) would be likely to 
lead to continuation or recurrence of dumping, at the level indicated 
in the ``Final Results of Sunset Review'' section of this notice, 
infra.

DATES: Applicable April 16, 2019.

FOR FURTHER INFORMATION CONTACT: Jonathan Hill or Howard Smith, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3518 or (202) 482-5193, 
respectively.

Background

    On July 22, 2008, Commerce published in the Federal Register the 
antidumping duty order on CWP from China.\1\ On November 1, 2018, 
Commerce published the notice of initiation of this sunset review of 
the Order, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act).\2\ From November 15, 2018, through November 16, 
2018, pursuant to 19 CFR 351.218(d)(1), Commerce received timely and 
complete notices of intent to participate in the sunset review from 
Zekelman Industries (Zekelman), Bull Moose Tube Company (Bull), EXLTUBE 
(EXL), TMK IPSCO (TMK), Wheatland Tube (Wheatland), Independence Tube 
Corporation (Independence), and Southland Tube Incorporated (Southland) 
(collectively domestic interested parties) in which the domestic 
interested parties claimed interested party status, as domestic 
producers of CWP, under section 771(9)(C) of the Act.\3\ This notice 
was filed within the time period specified in 19 CFR 
351.218(d)(1)(i).\4\ On November 29, 2018, pursuant to 19 CFR 
351.218(d)(3)(i), domestic interested parties filed a timely and 
adequate substantive response.\5\ Commerce did not receive a 
substantive response from any respondent interested party. As a result, 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) 
sunset review of the Order.
---------------------------------------------------------------------------

    \1\ See Notice of Antidumping Duty Order: Circular Welded Carbon 
Quality Steel Pipe from the People's Republic of China, 73 FR 42547 
(July 22, 2008) (Order).
    \2\ See Initiation of Five-Year (Sunset) Review, 83 FR 54915 
(November 1, 2018).
    \3\ See Zekelman's Letter of Intent dated November 16, 2018; see 
also Bull, EXL, and TMK's Letter of Intent dated November 16, 2018, 
see also Wheatland, Independence, and Southland's Letter of Intent 
dated November 16, 2018.
    \4\ Id.
    \5\ See domestic interested parties Substantive Response dated 
November 29, 2018 (Substantive Response).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the Order is certain welded carbon 
quality steel pipes and tubes, of circular cross-section, and with an 
outside diameter of 0.372 inches (9.45 mm) or more, but not more than 
16 inches (406.4 mm), whether or not stenciled, regardless of wall 
thickness, surface finish (e.g., black, galvanized, or painted), end 
finish (e.g., plain end, beveled end, grooved, threaded, or threaded 
and coupled), or industry specification (e.g., ASTM, proprietary, or 
other), generally known as standard pipe and structural pipe (they may 
also be referred to as circular, structural, or mechanical tubing).
    The pipe products that are the subject of the Order are currently 
classifiable in HTSUS statistical reporting numbers 7306.30.10.00, 
7306.30.50.25, 7306.30.50.32, 7306.30.50.40, 7306.30.50.55, 
7306.30.50.85, 7306.30.50.90, 7306.50.10.00, 7306.50.50.50, 
7306.50.50.70, 7306.19.10.10, 7306.19.10.50, 7306.19.51.10, and 
7306.19.51.50. However, the product description, and not the Harmonized 
Tariff Schedule of the United States (``HTSUS'') classification, is 
dispositive of whether merchandise imported into the United States 
falls within the scope of the Order.\6\
---------------------------------------------------------------------------

    \6\ For a complete description of the scope of the Order, see 
Commerce's Issues and Decision Memorandum for the Expedited Second 
Sunset Review of the Antidumping Duty Order on Circular Welded 
Carbon Quality Steel Pipe from the People's Republic of China 
(Issues and Decision Memorandum), dated concurrently with this 
notice.
---------------------------------------------------------------------------

Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review, 
specifically the likelihood of continuation or recurrence of dumping 
and the magnitude of the margins likely to prevail if the Order were to 
be revoked, is provided in the accompanying Issues and Decision 
Memorandum, which is hereby adopted by this notice.\7\ 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 http://access.trade.gov and to all parties in the 
Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed at http://enforcement.trade.gov/frn/. The 
signed Issues and Decision Memorandum and the electronic version of the 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \7\ Id.
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Final Results of Sunset Review

    Pursuant to sections 751(c)(1), 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the Order would likely lead to 
continuation or recurrence of dumping, and that the magnitude of the 
dumping margins likely to prevail would be weighted-average dumping 
margins up to 85.55 percent.

Notification Regarding Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply

[[Page 15585]]

with the regulations and terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 
351.218.

    Dated: April 10, 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.
[FR Doc. 2019-07543 Filed 4-15-19; 8:45 am]
 BILLING CODE 3510-DS-P