Large Diameter Welded Pipe From the Republic of Korea: Countervailing Duty Order, 18773-18775 [2019-08951]
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Federal Register / Vol. 84, No. 85 / Thursday, May 2, 2019 / Notices
deposits for each entry of subject
merchandise equal to the rates noted
below. These instructions suspending
liquidation will remain in effect until
further notice. The all-others rate
applies to all other producers or
exporters not specifically listed.
Subsidy rate
(percent)
Company
HDM Celik Boru Sanayi ve
Ticaret A.S.14.
Borusan Mannesmann Boru
Sanayi ve Ticaret A.S.15.
All Others ..................................
3.72.
0.92 (de minimis).
3.72.
Notifications to Interested Parties
This notice constitutes the
countervailing duty order with respect
to welded structural pipe from Turkey
pursuant to section 706(a) of the Act.
Interested parties can find a list of
countervailing duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
This order is published in accordance
with sections 705(c) and 706(a) of the
Act and 19 CFR 351.211(b).
Dated: April 23, 2019.
James Maeder,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations.
khammond on DSKBBV9HB2PROD with NOTICES
Appendix
Scope of the Order
The merchandise covered by this order is
welded carbon and alloy steel structural pipe
(other than stainless steel pipe), more than
406.4 mm (16 inches) in nominal outside
diameter (large diameter welded structural
pipe), regardless of wall thickness, length,
surface finish, grade, end finish, or
stenciling. Large diameter welded structural
pipe may 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 structural pipe may
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 structural 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
structural pipe meeting the physical
description set forth above, including any
dual- or multiple-certified/stenciled pipe
14 Commerce found the following company to be
cross-owned with HDM Celik: HDM Spiral Kaynakli
Celik Boru A.S.
15 Commerce found the following companies to be
cross-owned with Borusan: Borusan Mannesmann
Boru Yatirim Holding A.S. and Borusan Holding
A.S.
VerDate Sep<11>2014
18:51 May 01, 2019
Jkt 247001
with an ASTM (or comparable) welded
structural pipe certification/stencil, is
covered by the scope of this order.
Subject merchandise also includes large
diameter welded structural 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 structural
pipe.
Excluded from the scope of this order is
line pipe which is suitable for transporting
oil, gas, slurry, steam, or other fluids, liquids,
or gases, and is normally produced to
American Petroleum Institute (API)
specification 5L or equivalent foreign
specifications grades and/or standards or to
proprietary specifications, grades and/or
standards. Also excluded from the scope are
any products covered by the existing
countervailing duty order on welded line
pipe from the Republic of Turkey. See
Welded Line Pipe from the Republic of
Turkey: Countervailing Duty Order, 80 FR
75054 (December 1, 2015).
The large diameter welded structural pipe
that is subject to this order is currently
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) under
subheadings 7305.31.4000, 7305.31.6090,
7305.39.1000 and 7305.39.5000. Merchandise
currently classifiable 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, and
7305.19.5000 and that otherwise meets the
above scope language is also covered. While
the HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of this order
is dispositive.
[FR Doc. 2019–08952 Filed 5–1–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–898]
Large Diameter Welded Pipe From the
Republic of Korea: 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 and
structural pipe from the Republic of
Korea (Korea).
DATES: Applicable May 2, 2019.
FOR FURTHER INFORMATION CONTACT:
George Ayache at (202) 482–2623 or
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
18773
Robert Palmer at (202) 482–9068, AD/
CVD Operations, Enforcement and
Compliance, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On February 27, 2019, Commerce
published its affirmative final
determination in the countervailing
duty investigation of large diameter
welded pipe from Korea.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 Korea.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 April 15,
2019, the ITC notified Commerce of its
final determination, pursuant to section
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
and welded structural pipe from Korea.3
Additionally, the ITC made a negative
determination of material injury or
threat of material injury with respect to
stainless steel pipe.4 Commerce released
draft revised scope language for
comment by parties.5 No party objected
to the revised scope language in this
proceeding.
Scope of the Order
The products covered by this order
are welded line pipe and welded
structural pipe from Korea. For a
1 See Large Diameter Welded Pipe from the
Republic of Korea: Final Affirmative Countervailing
Duty Determination, 84 FR 6369 (February 27,
2019) (Final Determination).
2 Id.
3 See ITC Notification Letter regarding ITC
Investigation Nos. 701–TA–595–596 and 731–TA–
1401, 1403, 1405–1406, dated April 15, 2019 (ITC
Notification); see also Large Diameter Welded Pipe
from Canada, Greece, Korea, and Turkey;
Determinations, 84 FR 16533 (April 19, 2019) (ITC
Final Determination); and Large Diameter Welded
Pipe from Canada, Greece, Korea, and Turkey
Investigation Nos. 701–TA–595–596 and 731–TA–
1401, 1403, 1405–1406 (Final), Publication 4883,
April 2019 (Final ITC Report).
4 See ITC Notification.
5 See Memorandum, ‘‘Comments on the Scope of
the Orders,’’ dated April 5, 2019.
E:\FR\FM\02MYN1.SGM
02MYN1
18774
Federal Register / Vol. 84, No. 85 / Thursday, May 2, 2019 / Notices
complete description of the scope of this
order, see the Appendix to this notice.
khammond on DSKBBV9HB2PROD with NOTICES
Countervailing Duty Order
On April 15, 2019, in accordance with
sections 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 imports of
welded line pipe and welded structural
pipe from Korea are materially injuring
a U.S. industry.6 As a result, and in
accordance with sections 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
Korea. The ITC made an affirmative
determination with respect to welded
line pipe and welded structural pipe
from Korea. 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 and welded
structural pipe (subject merchandise)
from Korea, and not on entries of
stainless steel pipe (excluded
merchandise) from Korea.
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.7 Because the ITC determined that
subsidized imports of welded line pipe
from Korea are materially injuring a U.S.
industry,8 all unliquidated entries of
subject merchandise from Korea,
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 Korea.
Countervailing duties will be assessed
on unliquidated entries of welded line
pipe from Korea entered, or withdrawn
from warehouse, for consumption on or
6 See ITC Notification; and ITC Final
Determination.
7 See Final ITC Report at 7.
8 Id. at 1 and 5.
VerDate Sep<11>2014
18:51 May 01, 2019
Jkt 247001
after June 29, 2018, the date of
publication of the Preliminary
Determination,9 but will not be assessed
on entries occurring after the expiration
of the provisional measures period,
beginning on October 27, 2018, in
accordance with section 703(d) of the
Act, until the date of publication of the
ITC Final Determination in the Federal
Register.
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.10
Because the ITC determined that
subsidized imports of welded structural
pipe from Korea are materially injuring
a U.S. industry,11 all unliquidated
entries of subject merchandise from
Korea, entered or withdrawn from
warehouse, are subject to the assessment
of countervailing duties, pursuant to
section 706 of the Act, 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 structural pipe from
Korea. Countervailing duties will be
assessed on unliquidated entries of
welded structural pipe from Korea
entered, or withdrawn from warehouse,
for consumption on or after June 29,
2018, the date of publication of the
Preliminary Determination,12 but will
not be assessed on entries occurring
after the expiration of the provisional
measures period, beginning on October
27, 2018, in accordance with section
703(d) of the Act, until the date of
publication of the ITC Final
Determination in the Federal Register.
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.13 Because the ITC made a
negative determination of material
injury or threat of material injury by
9 See
Large Diameter Welded Pipe from the
Republic of Korea: Preliminary Affirmative
Countervailing Duty Determination and Alignment
of Final Determination with Final Antidumping
Duty Determination, 83 FR 30693 (June 29, 2018)
(Preliminary Determination).
10 See Final ITC Report at 7.
11 Id. at 1 and 5.
12 See Preliminary Determination.
13 See Final ITC Report at 7.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
reason of subsidized imports of stainless
steel pipe from Korea,14 Commerce will
direct CBP to terminate the suspension
of liquidation for entries of stainless
steel pipe from Korea entered, or
withdrawn from warehouse, and to
refund all cash deposits with respect to
these entries pursuant to section
705(c)(2) of the Act.
Suspension of Liquidation
In accordance with section 706 of the
Act, Commerce will direct CBP to
reinstitute the suspension of liquidation
on all relevant entries of subject
merchandise (i.e., welded line pipe and
welded structural pipe) from Korea,
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 706(a)(1) of the Act,
countervailing duties for each entry of
the subject merchandise in an amount
based on the net countervailable
subsidy rate for the subject
merchandise. Because the net
countervailable subsidy rate for Husteel
Co., Ltd. (Husteel) and Hyundai Steel
Company (Hyundai Steel) in the Final
Determination was de minimis, entries
of shipments of subject merchandise
both produced and exported by Husteel
and Hyundai Steel 15 are not subject to
suspension of liquidation or cash
deposit requirements. Entries of subject
merchandise exported to the United
States by any other producer and
exporter combination are not entitled to
this exclusion from suspension of
liquidation and are subject to the
applicable cash deposit rates noted
below.
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. The all-others rate
applies to all other producers or
exporters not specifically listed.
14 Id.
at 1–2 and 5.
Hyundai Steel, entries of shipments of
subject merchandise produced and exported by
Hyundai Steel and/or entries of shipments of
subject merchandise produced by Hyundai Steel
and exported by Hyundai Corporation, an
unaffiliated trading company for Hyundai Steel, are
not subject to suspension of liquidation or cash
deposit requirements. See Final Determination and
accompanying Issues and Decision Memorandum at
12.
15 For
E:\FR\FM\02MYN1.SGM
02MYN1
Federal Register / Vol. 84, No. 85 / Thursday, May 2, 2019 / Notices
Company
Subsidy rate
(percent)
Husteel Co., Ltd ....................
Hyundai Steel Company 16 ...
SeAH Steel Corporation 17 ...
All Others ..............................
* 0.01
* 0.44
27.42
9.29
* (de minimis)
Notifications to Interested Parties
This notice constitutes the
countervailing duty order with respect
to welded line pipe and welded
structural pipe from Korea pursuant to
section 706(a) of the Act. Interested
parties can find a list of countervailing
duty orders currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
This order is published in accordance
with sections 705(c) and 706(a) of the
Act and 19 CFR 351.211(b).
Dated: April 23, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
khammond on DSKBBV9HB2PROD with NOTICES
DEPARTMENT OF COMMERCE
Large Diameter Welded Pipe From
Canada: Antidumping Duty Order
16 Id.
17 Commerce found the following company to be
cross-owned with SeAH Steel: ESAB SeAH
Corporation.
Jkt 247001
BILLING CODE 3510–DS–P
[A–122–863]
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.
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
18:51 May 01, 2019
[FR Doc. 2019–08951 Filed 5–1–19; 8:45 am]
International Trade Administration
Appendix
VerDate Sep<11>2014
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.
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 Canada.
DATES: Applicable May 2, 2019.
FOR FURTHER INFORMATION CONTACT:
Susan S. Pulongbarit at (202) 482–4031
or Annathea Cook at (202) 482–0250,
AD/CVD Operations, Enforcement and
Compliance, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 27, 2019, Commerce
published its affirmative final
determination in the less-than-fair-value
(LTFV) investigation of large diameter
welded pipe from Canada.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 Canada.2
1 See Large Diameter Welded Pipe from Canada:
Final Affirmative Determination of Sales at Less
Than Fair Value, 84 FR 6378 (February 27, 2019)
(Final Determination).
2 Id.
PO 00000
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Sfmt 4703
18775
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 April 15,
2019, the ITC notified Commerce of its
final determination, pursuant to 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 line pipe and welded structural
pipe from Canada.3 Additionally, the
ITC made a negative determination of
material injury or threat of material
injury with respect to stainless steel
pipe.4 Commerce released draft revised
scope language for comment by parties.5
No party objected to the revised scope
language in this proceeding.
Scope of the Order
The products covered by this order
are welded line pipe and welded
structural pipe from Canada. For a
complete description of the scope of this
order, see the Appendix to this notice.
Antidumping Duty Order
On April 15, 2019, in accordance with
sections 735(b)(1)(A)(i) 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 line pipe and welded structural
pipe from Canada are materially
injuring a U.S. industry.6 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
Canada. The ITC made an affirmative
determination with respect to welded
line pipe and welded structural pipe
from Canada. Because the ITC made
3 See ITC Notification Letter regarding ITC
Investigation Nos. 701–TA–595–596 and 731–TA–
1401, 1403, 1405–1406, dated April 15, 2019 (ITC
Notification); see also Large Diameter Welded Pipe
from Canada, Greece, Korea, and Turkey;
Determinations, 84 FR 16533 (April 19, 2019) (ITC
Final Determination); and Large Diameter Welded
Pipe from Canada, Greece, Korea, and Turkey,
Investigation Nos. 701–TA–595–596 and 731–TA–
1401, 1403, 1405–1406 (Final), Publication 4883,
April 2019 (Final ITC Report).
4 See ITC Notification.
5 See Memorandum, ‘‘Comments on the Scope of
the Orders,’’ dated April 5, 2019.
6 See ITC Notification; and ITC Final
Determination.
E:\FR\FM\02MYN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 85 (Thursday, May 2, 2019)]
[Notices]
[Pages 18773-18775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08951]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-898]
Large Diameter Welded Pipe From the Republic of Korea:
Countervailing 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 a countervailing duty order on large diameter
welded carbon and alloy steel line and structural pipe from the
Republic of Korea (Korea).
DATES: Applicable May 2, 2019.
FOR FURTHER INFORMATION CONTACT: George Ayache at (202) 482-2623 or
Robert Palmer at (202) 482-9068, AD/CVD Operations, Enforcement and
Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On February 27, 2019, Commerce published its affirmative final
determination in the countervailing duty investigation of large
diameter welded pipe from Korea.\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 Korea.\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 April 15, 2019, the ITC notified Commerce of its final
determination, pursuant to section 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 and welded structural
pipe from Korea.\3\ Additionally, the ITC made a negative determination
of material injury or threat of material injury with respect to
stainless steel pipe.\4\ Commerce released draft revised scope language
for comment by parties.\5\ No party objected to the revised scope
language in this proceeding.
---------------------------------------------------------------------------
\1\ See Large Diameter Welded Pipe from the Republic of Korea:
Final Affirmative Countervailing Duty Determination, 84 FR 6369
(February 27, 2019) (Final Determination).
\2\ Id.
\3\ See ITC Notification Letter regarding ITC Investigation Nos.
701-TA-595-596 and 731-TA-1401, 1403, 1405-1406, dated April 15,
2019 (ITC Notification); see also Large Diameter Welded Pipe from
Canada, Greece, Korea, and Turkey; Determinations, 84 FR 16533
(April 19, 2019) (ITC Final Determination); and Large Diameter
Welded Pipe from Canada, Greece, Korea, and Turkey Investigation
Nos. 701-TA-595-596 and 731-TA-1401, 1403, 1405-1406 (Final),
Publication 4883, April 2019 (Final ITC Report).
\4\ See ITC Notification.
\5\ See Memorandum, ``Comments on the Scope of the Orders,''
dated April 5, 2019.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are welded line pipe and welded
structural pipe from Korea. For a
[[Page 18774]]
complete description of the scope of this order, see the Appendix to
this notice.
Countervailing Duty Order
On April 15, 2019, in accordance with sections 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 imports of welded line
pipe and welded structural pipe from Korea are materially injuring a
U.S. industry.\6\ As a result, and in accordance with sections
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 Korea. The ITC made an affirmative determination with respect to
welded line pipe and welded structural pipe from Korea. 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 and welded structural pipe (subject merchandise) from Korea,
and not on entries of stainless steel pipe (excluded merchandise) from
Korea.
---------------------------------------------------------------------------
\6\ See ITC Notification; and ITC Final Determination.
---------------------------------------------------------------------------
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.\7\ Because the ITC determined that subsidized
imports of welded line pipe from Korea are materially injuring a U.S.
industry,\8\ all unliquidated entries of subject merchandise from
Korea, entered or withdrawn from warehouse, are subject to the
assessment of countervailing duties, as described below.
---------------------------------------------------------------------------
\7\ See Final ITC Report at 7.
\8\ Id. at 1 and 5.
---------------------------------------------------------------------------
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 Korea. Countervailing duties will be
assessed on unliquidated entries of welded line pipe from Korea
entered, or withdrawn from warehouse, for consumption on or after June
29, 2018, the date of publication of the Preliminary Determination,\9\
but will not be assessed on entries occurring after the expiration of
the provisional measures period, beginning on October 27, 2018, in
accordance with section 703(d) of the Act, until the date of
publication of the ITC Final Determination in the Federal Register.
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\9\ See Large Diameter Welded Pipe from the Republic of Korea:
Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination with Final Antidumping Duty
Determination, 83 FR 30693 (June 29, 2018) (Preliminary
Determination).
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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.\10\ Because the ITC
determined that subsidized imports of welded structural pipe from Korea
are materially injuring a U.S. industry,\11\ all unliquidated entries
of subject merchandise from Korea, entered or withdrawn from warehouse,
are subject to the assessment of countervailing duties, pursuant to
section 706 of the Act, as described below.
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\10\ See Final ITC Report at 7.
\11\ Id. at 1 and 5.
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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 structural pipe from Korea. Countervailing duties
will be assessed on unliquidated entries of welded structural pipe from
Korea entered, or withdrawn from warehouse, for consumption on or after
June 29, 2018, the date of publication of the Preliminary
Determination,\12\ but will not be assessed on entries occurring after
the expiration of the provisional measures period, beginning on October
27, 2018, in accordance with section 703(d) of the Act, until the date
of publication of the ITC Final Determination in the Federal Register.
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\12\ See 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.\13\ Because the ITC made a negative
determination of material injury or threat of material injury by reason
of subsidized imports of stainless steel pipe from Korea,\14\ Commerce
will direct CBP to terminate the suspension of liquidation for entries
of stainless steel pipe from Korea entered, or withdrawn from
warehouse, and to refund all cash deposits with respect to these
entries pursuant to section 705(c)(2) of the Act.
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\13\ See Final ITC Report at 7.
\14\ Id. at 1-2 and 5.
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Suspension of Liquidation
In accordance with section 706 of the Act, Commerce will direct CBP
to reinstitute the suspension of liquidation on all relevant entries of
subject merchandise (i.e., welded line pipe and welded structural pipe)
from Korea, 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 706(a)(1) of the Act,
countervailing duties for each entry of the subject merchandise in an
amount based on the net countervailable subsidy rate for the subject
merchandise. Because the net countervailable subsidy rate for Husteel
Co., Ltd. (Husteel) and Hyundai Steel Company (Hyundai Steel) in the
Final Determination was de minimis, entries of shipments of subject
merchandise both produced and exported by Husteel and Hyundai Steel
\15\ are not subject to suspension of liquidation or cash deposit
requirements. Entries of subject merchandise exported to the United
States by any other producer and exporter combination are not entitled
to this exclusion from suspension of liquidation and are subject to the
applicable cash deposit rates noted below.
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\15\ For Hyundai Steel, entries of shipments of subject
merchandise produced and exported by Hyundai Steel and/or entries of
shipments of subject merchandise produced by Hyundai Steel and
exported by Hyundai Corporation, an unaffiliated trading company for
Hyundai Steel, are not subject to suspension of liquidation or cash
deposit requirements. See Final Determination and accompanying
Issues and Decision Memorandum at 12.
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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. The all-others rate applies to all other
producers or exporters not specifically listed.
[[Page 18775]]
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Subsidy rate
Company (percent)
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Husteel Co., Ltd........................................ * 0.01
Hyundai Steel Company \16\.............................. * 0.44
SeAH Steel Corporation \17\............................. 27.42
All Others.............................................. 9.29
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* (de minimis)
Notifications to Interested Parties
This notice constitutes the countervailing duty order with respect
to welded line pipe and welded structural pipe from Korea pursuant to
section 706(a) of the Act. Interested parties can find a list of
countervailing duty orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
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\16\ Id.
\17\ Commerce found the following company to be cross-owned with
SeAH Steel: ESAB SeAH Corporation.
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This order is published in accordance with sections 705(c) and
706(a) of the Act and 19 CFR 351.211(b).
Dated: April 23, 2019.
Jeffrey I. Kessler,
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. 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. 2019-08951 Filed 5-1-19; 8:45 am]
BILLING CODE 3510-DS-P
