Large Diameter Welded Pipe From the Republic of Turkey: Countervailing Duty Order, 18771-18773 [2019-08952]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 85 / Thursday, May 2, 2019 / Notices
steel, produced to American Society for
Testing and Materials (ASTM)
specifications, and designed for support
in construction projects and piling.14
Because the ITC determined that
imports of welded structural pipe from
Greece are negligible,15 Commerce will
direct CBP to terminate the suspension
of liquidation for entries of welded
structural pipe from Greece entered, or
withdrawn from warehouse, and to
refund all cash deposits with respect to
these entries pursuant to section
735(c)(2) of the Act.
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.16 Because the ITC
determined that imports of stainless
steel pipe from Greece are negligible,17
Commerce will direct CBP to terminate
the suspension of liquidation for entries
of stainless steel pipe from Greece
entered, or withdrawn from warehouse,
and to refund all cash deposits with
respect to these entries pursuant to
section 735(c)(2) of the Act.
khammond on DSKBBV9HB2PROD with NOTICES
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
pipe) from Greece, 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. The all-others rate
applies to all other producers or
exporters not specifically listed.
14 See
Final ITC Report at 7.
at 1 and 5.
16 Id. at 7.
17 Id. at 1–2 and 5.
15 Id.
VerDate Sep<11>2014
18:51 May 01, 2019
Jkt 247001
Estimated
weightedaverage
dumping
margin
(percent)
Company
Corinth Pipeworks Pipe Industry S.A .........................
All Others ..............................
10.26
10.26
Notifications to Interested Parties
This notice constitutes the
antidumping duty order with respect to
welded line pipe from Greece 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 amended final determination
and order is published in accordance
with sections 735(e) and 736(a) of the
Act, and 19 CFR 351.211(b) and
351.224(e) and (f).
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 line pipe
(other than stainless steel pipe), more than
406.4 mm (16 inches) in nominal outside
diameter (large diameter welded line 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.
Large diameter welded line pipe is used to
transport oil, gas, or natural gas liquids and
is normally produced to the American
Petroleum Institute (API) specification 5L.
Large diameter welded line 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
line pipe meeting the physical description set
forth above, including any dual- or multiplecertified/stenciled pipe with an API (or
comparable) welded line pipe certification/
stencil, is covered by the scope of this order.
Subject merchandise also includes large
diameter welded line 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 line pipe.
Excluded from the scope of this order is
structural pipe, which is produced only to
American Society for Testing and Materials
(ASTM) standards A500, A252, or A53, or
other relevant domestic specifications, or
comparable foreign specifications, grades
and/or standards or to proprietary
specifications, grades and/or standards. Also
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
18771
excluded is large diameter welded pipe
produced only to specifications of the
American Water Works Association (AWWA)
for water and sewage pipe.
The large diameter welded line 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,
and 7305.19.5000. Merchandise currently
classifiable under subheadings 7305.31.4000,
7305.31.6090, 7305.39.1000 and
7305.39.5000 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. 2019–08954 Filed 5–1–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–834]
Large Diameter Welded Pipe From the
Republic of Turkey: 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 structural pipe
from the Republic of Turkey (Turkey).
DATES: Applicable May 2, 2019.
FOR FURTHER INFORMATION CONTACT: Ross
Belliveau at (202) 482–4952 or Ajay
Menon at (202) 482–1993, 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 countervailing
duty investigation of large diameter
welded pipe from Turkey.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
1 See Large Diameter Welded Pipe from the
Republic of Turkey: Final Affirmative
Countervailing Duty Determination, 84 FR 6367
(February 27, 2019) (Final Determination).
E:\FR\FM\02MYN1.SGM
02MYN1
18772
Federal Register / Vol. 84, No. 85 / Thursday, May 2, 2019 / Notices
stainless steel large diameter welded
pipe (stainless steel pipe) from Turkey.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 structural
pipe from Turkey.3 Additionally, the
ITC made a negligibility determination
with respect to welded line pipe and
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 product covered by this order is
welded structural pipe from Turkey. For
a 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 structural pipe from Turkey 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 found that
imports of welded line pipe and
stainless steel pipe from Turkey are
negligible. The ITC made an affirmative
khammond on DSKBBV9HB2PROD with NOTICES
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.
6 See ITC Notification; and ITC Final
Determination.
VerDate Sep<11>2014
18:51 May 01, 2019
Jkt 247001
determination with respect to welded
structural pipe from Turkey. 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 structural pipe (subject
merchandise) from Turkey, and not on
entries of welded line pipe and stainless
steel pipe (excluded merchandise) from
Turkey.
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 Turkey are negligible,8 Commerce
will direct CBP to terminate the
suspension of liquidation for entries of
welded line pipe from Turkey 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.
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 determined that
subsidized imports of welded structural
pipe from Turkey are materially injuring
a U.S. industry,10 all unliquidated
entries of subject merchandise from
Turkey, 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
Turkey. Countervailing duties will be
assessed on unliquidated entries of
welded structural pipe from Turkey
entered, or withdrawn from warehouse,
for consumption on or after June 29,
2018, the date of publication of the
7 See
Final ITC Report at 7.
at 1 and 5.
9 Id. at 7.
10 Id. at 1 and 5.
8 Id.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Preliminary Determination,11 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.12 Because the ITC
determined that subsidized imports of
stainless steel pipe from Turkey are
negligible,13 Commerce will direct CBP
to terminate the suspension of
liquidation for entries of stainless steel
pipe from Turkey 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 structural
pipe) from Turkey, 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 Borusan
Mannesmann Boru Sanayi ve Ticaret
A.S. (Borusan) in the Final
Determination was de minimis, entries
of shipments of subject merchandise
both produced and exported by Borusan
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
11 See Large Diameter Welded Pipe from the
Republic of Turkey: Preliminary Affirmative
Countervailing Duty Determination and Alignment
of Final Determination with Final Antidumping
Determination, 83 FR 30697 (June 29, 2018)
(Preliminary Determination).
12 See Final ITC Report at 7.
13 Id. at 1–2 and 5.
E:\FR\FM\02MYN1.SGM
02MYN1
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
Frm 00011
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
]]>Agencies
[Federal Register Volume 84, Number 85 (Thursday, May 2, 2019)]
[Notices]
[Pages 18771-18773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08952]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-834]
Large Diameter Welded Pipe From the Republic of Turkey:
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 structural pipe from the Republic of
Turkey (Turkey).
DATES: Applicable May 2, 2019.
FOR FURTHER INFORMATION CONTACT: Ross Belliveau at (202) 482-4952 or
Ajay Menon at (202) 482-1993, 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 Turkey.\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
[[Page 18772]]
stainless steel large diameter welded pipe (stainless steel pipe) from
Turkey.\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
structural pipe from Turkey.\3\ Additionally, the ITC made a
negligibility determination with respect to welded line pipe and
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 Turkey:
Final Affirmative Countervailing Duty Determination, 84 FR 6367
(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 product covered by this order is welded structural pipe from
Turkey. For a 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
structural pipe from Turkey 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 found that imports
of welded line pipe and stainless steel pipe from Turkey are
negligible. The ITC made an affirmative determination with respect to
welded structural pipe from Turkey. 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 structural pipe
(subject merchandise) from Turkey, and not on entries of welded line
pipe and stainless steel pipe (excluded merchandise) from Turkey.
---------------------------------------------------------------------------
\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 Turkey are negligible,\8\ Commerce
will direct CBP to terminate the suspension of liquidation for entries
of welded line pipe from Turkey 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.
---------------------------------------------------------------------------
\7\ See Final ITC Report at 7.
\8\ Id. at 1 and 5.
---------------------------------------------------------------------------
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
determined that subsidized imports of welded structural pipe from
Turkey are materially injuring a U.S. industry,\10\ all unliquidated
entries of subject merchandise from Turkey, entered or withdrawn from
warehouse, are subject to the assessment of countervailing duties,
pursuant to section 706 of the Act, as described below.
---------------------------------------------------------------------------
\9\ Id. at 7.
\10\ 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 structural pipe from Turkey. Countervailing duties
will be assessed on unliquidated entries of welded structural pipe from
Turkey entered, or withdrawn from warehouse, for consumption on or
after June 29, 2018, the date of publication of the Preliminary
Determination,\11\ 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.
---------------------------------------------------------------------------
\11\ See Large Diameter Welded Pipe from the Republic of Turkey:
Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination with Final Antidumping
Determination, 83 FR 30697 (June 29, 2018) (Preliminary
Determination).
---------------------------------------------------------------------------
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 determined that
subsidized imports of stainless steel pipe from Turkey are
negligible,\13\ Commerce will direct CBP to terminate the suspension of
liquidation for entries of stainless steel pipe from Turkey 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.
---------------------------------------------------------------------------
\12\ See Final ITC Report at 7.
\13\ Id. at 1-2 and 5.
---------------------------------------------------------------------------
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 structural pipe) from Turkey,
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 Borusan Mannesmann Boru Sanayi ve
Ticaret A.S. (Borusan) in the Final Determination was de minimis,
entries of shipments of subject merchandise both produced and exported
by Borusan 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
[[Page 18773]]
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.
------------------------------------------------------------------------
Company Subsidy rate (percent)
------------------------------------------------------------------------
HDM Celik Boru Sanayi ve Ticaret 3.72.
A.S.\14\.
Borusan Mannesmann Boru Sanayi ve 0.92 (de minimis).
Ticaret A.S.\15\.
All Others............................. 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
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 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
