Circular Welded Carbon Quality Steel Pipe From the People's Republic of China: Preliminary Results of Antidumping Administrative Review and Partial Rescission; 2017-2018, 22817-22820 [2019-10437]
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Federal Register / Vol. 84, No. 97 / Monday, May 20, 2019 / Notices
should ensure that they meet the
requirements of these procedures (e.g.,
the filing of letters of appearance as
discussed at 19 CFR 351.103(d)).
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act and 19 CFR 351.203(c).
Dated: May 13, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–10438 Filed 5–17–19; 8:45 am]
BILLING CODE 3510–DS–P
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Appendix
Scope of the Investigation
The scope of this investigation covers dried
tart cherries, which may also be referred to
as, e.g., dried sour cherries or dried red tart
cherries. Dried tart cherries may be processed
from any variety of tart cherries. Tart cherries
are generally classified as Prunus cerasus.
Types of tart cherries include, but are not
limited to, Amarelle, Kutahya, Lutowka,
Montmorency, Morello, and Oblacinska.
Dried tart cherries are covered by the scope
of this investigation regardless of the
horticulture method through which the
cherries were produced (e.g., organic or not),
whether or not they contain any added sugar
or other sweetening matter, whether or not
they are coated in oil or rice flour, whether
infused or not infused, and regardless of the
infusion ingredients, including sugar,
sucrose, fruit juice, and any other infusion
ingredients. The scope includes partially
rehydrated dried tart cherries that retain the
character of dried fruit. The subject
merchandise covers all shapes, sizes, and
colors of dried tart cherries, whether pitted
or unpitted, and whether whole, chopped,
minced, crumbled, broken, or otherwise
reduced in size. The scope covers dried tart
cherries in all types of packaging, regardless
of the size or packaging material.
Included in the scope of this investigation
are dried tart cherries that otherwise meet the
definition above that are packaged with nonsubject products, including, but not limited
to, mixtures of dried fruits and mixtures of
dried fruits and nuts, where the smallest
individual packaging unit of any such
product contains a majority (i.e., 50 percent
or more) of dried tart cherries by dry net
weight. Only the dried tart cherry
components of such products are covered by
this investigation; the scope does not include
the non-subject components of such
products.
Included in the scope of this investigation
are dried tart cherries that have been further
processed in a third country, including but
not limited to processing by stabilizing,
preserving, sweetening, adding oil or syrup,
coating, chopping, mincing, crumbling,
packaging with non-subject products, or
other packaging, or any other processing that
would not otherwise remove the
merchandise from the scope of the
investigation if performed in the country of
manufacture of the dried tart cherries.
Excluded from the scope of this
investigation are dried tart cherries that have
been incorporated as an ingredient in
finished bakery and confectionary items
(cakes, cookies, candy, granola bars, etc.).
VerDate Sep<11>2014
The subject merchandise is currently
classifiable under 0813.40.3000 of the
Harmonized Tariff Schedule of the United
States (HTSUS). The subject merchandise
may also enter under subheadings
0813.40.9000, 0813.50.0020, 0813.50.0060,
2006.00.2000, 2006.00.5000, and
2008.60.0060. The HTSUS subheadings set
forth above are provided for convenience and
U.S. customs purposes only. The written
description of the scope is dispositive.
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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: Preliminary Results of
Antidumping Administrative Review
and Partial Rescission; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that none of the companies under
review have demonstrated eligibility for
a separate rate during the period of
review (POR) July 1, 2017, through June
30, 2018. Interested parties are invited
to comment on these preliminary
results.
AGENCY:
DATES:
Applicable May 20, 2019.
FOR FURTHER INFORMATION CONTACT:
Aleksandras Nakutis, AD/CVD
Operations, Office IV, Enforcement &
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3147.
SUPPLEMENTARY INFORMATION:
Background
After initiating this review of 128
companies, the following events
occurred.1 Zekelman Industries
(Zekelman), a domestic interested party,
timely withdrew its request for an
administrative review of 20 companies.
Commerce issued an antidumping duty
questionnaire to Beijing Bell Plumbing
Manufacturing Ltd (Beijing Bell). Beijing
Bell did not respond to the
questionnaire. 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
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
45596 (September 10, 2018) (Initiation Notice).
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22817
January 29, 2019.2 If the new deadline
falls on a non-business day, in
accordance with Commerce’s practice,
the deadline will become the next
business day. The revised deadline for
the preliminary results of review is now
May 13, 2019. For a complete
description of the events that followed
the initiation of this administrative
review, see the Preliminary Decision
Memorandum hereby adopted by this
notice.3
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.
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.4
Partial Rescission
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
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. All deadlines in this segment of
the proceeding have been extended by 40 days.
3 See the Memorandum from Commerce,
‘‘Decision Memorandum for the Preliminary Results
of the Antidumping Duty Administrative Review of
Circular Welded Carbon Quality Steel Pipe from the
People’s Republic of China,’’ dated concurrently
with this notice (Preliminary Decision
Memorandum).
4 See Preliminary Decision Memorandum for full
scope language.
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Federal Register / Vol. 84, No. 97 / Monday, May 20, 2019 / Notices
part, if a party that requested the review
withdraws its request within 90 days of
the date of publication of the notice of
initiation of the requested review.
Zekelman withdrew its request to
review 20 companies within 90 days of
the date of publication of Initiation
Notice; 5 however, Independence Tube
Corporation, and Southland Tube
Incorporated, which are Nucor
companies (collectively, the
petitioners), did not withdraw their
request to review 122 companies,
including all but three of the companies
for which Zekelman withdrew its
review request. Thus, Zekelman, the
only party to request a review of the six
companies listed below, timely
withdrew its request for an
administrative review of these three
companies. Accordingly, Commerce is
rescinding this review, in part, with
respect to the following companies, in
accordance with 19 CFR 351.213(d)(1): 6
(1) Beijing Jia Mei Ao Trade Co., Ltd.;
(2) Beijing Jinghau Global Trading Co.;
(3) Benxi Northern Steel Pipes, Co., Ltd.;
(4) ETCO (China) International Trading
Co., Ltd.; (5) Huludao City Steel Pipe
Industrial; and (6) Tianjin Shuangjie
Steel Pipe Co., Ltd.
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Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act). For a full description of the
methodology underlying these
preliminary results of review, see the
Preliminary Decision Memorandum. A
list of topics discussed in the
Preliminary Decision Memorandum is
provided in 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 https://access.trade.gov and in the
Central Records Unit, Room B8024 of
the main Department of Commerce
5 See Letter from Zekelman, ‘‘Circular Welded
Carbon Quality Steel Pipe from the People’s
Republic of China: Withdrawal of Request for
Administrative Review,’’ dated October 17, 2018.
6 As stated in Change in Practice in NME Reviews,
Commerce will no longer consider the non-market
economy (NME) entity as an exporter conditionally
subject to administrative reviews. See Antidumping
Proceedings: Announcement of Change in
Department Practice for Respondent Selection in
Antidumping Duty Proceedings and Conditional
Review of the Nonmarket Economy Entity in NME
Antidumping Duty Proceedings, 78 FR 65963
(November 4, 2013) (Change in Practice in NME
Reviews). The China-wide entity is not subject to
this administrative review because no interested
party requested a review of the entity. See Initiation
Notice.
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16:41 May 17, 2019
Jkt 247001
building. In addition, a complete
version of the Preliminary Results
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Separate Rates
In proceedings involving NME
countries, Commerce begins with a
rebuttable presumption that all
companies within the NME country are
subject to government control and that
a single weighted-average dumping
margin (e.g., the China-wide rate) is
applicable to all exporters under review
unless an exporter can demonstrate that
it is sufficiently independent so as to be
entitled to a separate rate. None of the
companies under review filed a separate
rate application, separate rate
certification, or no shipment
certification. Moreover, the sole
mandatory respondent, Beijing Bell, did
not respond to the AD questionnaire.
Therefore, Commerce preliminarily
determines that none of the companies
under review are entitled to a separate
rate and has treated them as part of the
China-wide entity. For additional
information regarding Commerce’s
separate rates determination, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
As noted above, none of the
companies under review are entitled to
a separate rate and thus we have treated
them as part of the China-wide entity.7
Because no party requested a review of
the China-wide entity, the entity is not
under review and the entity’s rate (i.e.,
85.55 percent) is not subject to change
in this review.8 The companies under
review that are being treated as part of
the China-wide entity are listed in
Appendix II to this notice.
Public Comment
Interested parties are invited to
comment on the preliminary results of
this review and may submit case briefs
and/or written comments, filed
electronically using ACCESS, within 30
days of the date of publication of this
notice, pursuant to 19 CFR
351.309(c)(1)(ii). Rebuttal briefs, limited
to issues raised in the case briefs, will
be due five days after the due date for
case briefs, pursuant to 19 CFR
7 See
Preliminary Decision Memorandum.
Circular Welded Carbon Quality Steel Pipe
From the People’s Republic of China: Notice of
Court Decision Not in Harmony with Final
Determination and Amended Final Determination
Under Section 129 of the Uruguay Round
Agreements Act, 80 FR 70758 (November 16, 2015).
8 See
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351.309(d). Parties who submit case or
rebuttal briefs in this review are
requested to submit with each argument
a statement of the issue, a summary of
the argument not to exceed five pages,
and a table of statutes, regulations, and
cases cited, in accordance with 19 CFR
351.309(c)(2).
Pursuant to 19 CFR 351.310(c),
interested parties, who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, filed
electronically using ACCESS.
Electronically filed case briefs/written
comments and hearing requests must be
received successfully in their entirety by
Commerce’s electronic records system,
ACCESS, by 5:00 p.m. Eastern Time,
within 30 days after the date of
publication of this notice.9 Hearing
requests should contain: (1) The party’s
name, address and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those issues raised in the respective case
briefs. If a request for a hearing is made,
parties will be notified of the time and
date of the hearing which will be held
at the U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington DC 20230.
Unless extended, Commerce intends
to issue the final results of this
administrative review, including the
results of its analysis of the issues raised
in any written briefs, not later than 120
days after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act.
Assessment Rates
Upon issuance of the final results of
this review, Commerce will determine,
and CBP shall assess, antidumping
duties on all appropriate entries covered
by this review.10 Commerce intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review. If our
preliminary results of review are
unchanged in the final results of review,
Commerce intends to instruct CBP to
liquidate all POR entries of subject
merchandise from any of the 121
companies under review at 85.55
percent (the China-wide rate).
For companies for which the review
has been rescinded, Commerce will
instruct CBP to assess antidumping
duties on entries of subject merchandise
at rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
9 See
19 CFR 351.310(c).
19 CFR 351.212(b)(1).
10 See
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warehouse, for consumption, in
accordance with 19 CFR 351.212(c)(l)(i).
VI. Recommendation
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of review, as
provided by section 751(a)(2)(C) of the
Act: (1) For previously investigated or
reviewed Chinese and non-Chinese
exporters which are not under review in
this segment of the proceeding but
which have separate rates, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (2) for all Chinese
exporters of subject merchandise that
have not been granted a separate rate,
including Beijing Bell, the cash deposit
rate will be the China-wide rate of 85.55
percent; and (3) for all non-Chinese
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the Chinese exporter(s)
that supplied that non-Chinese exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
The following companies are being treated
as part of the China-wide entity:
A&T Industry Co., Ltd.
Allied Transport System Inc.
AM Global Shipping Lines
Ample Star Enterprises
Apex Maritime (Tianjin) Co., Ltd.
Artson Fuzhou Co., Ltd.
Baoshan Iron & Steel Co., Ltd.
Bazhou Dongsheng Hot-Dipped Galvanized
Steel Pipe Co., Ltd.
Bazhou Zhuofa Steel Pipe Co. Ltd.
Beijing Bell Plumbing Manufacturing Ltd
Beijing Jia Mei Ao Trade Limited
Beijing Jinghua Shunqi Trading Co., Ltd.
Beijing Kaishengao Import & Export
Beijing Kang Jie Kong International Cargo
Agent Co., Ltd.
Beijing Sai Lin Ke Hardware Co., Ltd.
Beijing Zhongxingtong Technology Company
Limited
Benxi Northern Pipes Co., Ltd.
Bestar Steel Co., Ltd.
Boyu M/E Company Limited
Cangzhou Huasheng Modern Casting
Company Limited
Chaoteng Group Ltd.
CI Consolidators Services Limited
CNOOC Kingland Pipeline Co., Ltd.
Dalian Brollo Steel Tubes Ltd.
Dalian Shipbuilding Import Export Company
DSC Quanzhou Dongshan Machine Co., Ltd
Etco International Trading Co., Ltd.
Feel Light Co., Ltd.
Giant-Move Equipment Co., Ltd.
Guangdong Walsall Steel Pipe Industrial Co.,
Ltd.
Guangzhou Juyi Steel Pipe Co., Ltd.
Hainan Standard Stone Company Ltd.
Hangzhou Chaoteng International
Hangzhou Shunlan Trading Company
Limited
Hebei Machinery Import & Export Co., Ltd.
Hebei Metals & Engineering Products Co.,
Ltd.
Hefei Ziking Steel Pipe Co., Ltd.
Hengshui Jinghua Steel Pipe Co., Ltd.
Hengyang Valin Steel Tube Group Trading
Co. Ltd.
Herede Engineering Ltd.
Hubei Xin Yegang Special Tube Co.
Hulado City Steel Pipe Industrial Co., Ltd.
Hunan Henyang Steel Tube (Group) Co., Ltd.
Jiangsu Changbao Steel Tube Co., Ltd.
Jiangsu Hen-Yuan Garden Supplies Company
Ltd.
Jiangsu Yulong Steel Pipe Co., Ltd.
Jiangsu Zhongheng Dyeing & Finishing Co.,
Ltd.
Jiangyin Jianye Metal Products Co., Ltd.
Jinan Meide Casting Co. Ltd.
Jinan Meide Piping Technology Company
Ltd.
Jiangsu Guoqiang Zinc-Plating Industrial
Company, Ltd.
Kun Shan Sandia Special Steel Pipe Co., Ltd.
Kunshan City Yuan Han Electronic Co., Ltd.
Kunshan Lets Win Steel Machinery Co., Ltd.
Kunshan Taiheiyo Precision Machinery Co.,
Ltd.
LF Logistics (China) Co., Ltd.
Lianji Chemical Industry Co Limited
Liaoning Northern Steel Pipe Co., Ltd.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(d)(4) and 351.221(b)(4).
Dated: May 13, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
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Appendix I
List of Sections in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission
V. Discussion of the Methodology
A. Non-Market Economy Country Status
B. Separate Rates
C. Allegation of Duty Evasion
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Appendix II
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22819
Longyou Yilaida Electric Appliance Co., Ltd.
Myriad Treasure Trading Co., Ltd
Nb Bedding & Living Company Limited
Ningbo Acei Screw Plug Inc.
Ningbo Haishu Jiayong Xingyo Import &
Export Co., Ltd.
Ningbo Sunny Foreign Trade Co., Ltd.
Orient Express Container Co., Ltd.
Pacific Star Express Corporation
Pangang Chengdu Group Iron & Steel Co.,
Ltd.
Panyu Chu Kong Steel Pipe Co., Ltd.
Pudong Prime International Company
Limited
Qingdao Ocean Master Steel & Plastic Co.,
Ltd.
Qingdao Xiangxing Steel Pipe Co., Ltd.
Qingdao Yongjie Import & Export Co., Ltd.
Ritime Group Inc.
Rizhao Xingye Import & Export Co., Ltd.
Rogers Corporation
Shandong Liancheng Auto Parts Company
Shandong Xinyuan Group Co., Ltd.
Shanghai Freeland International Trading Co.
Ltd.
Shanghai Golden Bridge Int’l Logistic Co.,
Ltd.
Shanghai ITPC Import & Export Co. Ltd
Shanghai Metals & Minerals Import & Export
Corporation
Shanghai Pudong International
Transportation
Shanghai Wor-Biz Trading Co., Ltd.
Shanghai Zhongyou TIPO Steel Pipe Co., Ltd.
Shaoxing Xinyue Trade Co., Ltd.
Shenyang Boyu M/E Co., Ltd.
Shenyang Machinery Import & Export Co.,
Ltd.
Shijiazhuang Zhongqing Imp & Exp Co., Ltd.
Sichuan Y&J Industries Company Limited
Spat Steel International Hong Kong Limited
Suzhou Hongsheng Lighting Products Co. Ltd
Tangshan Fengnan District Xinlida Steel Pipe
Co., Ltd.
The Huludao Steel Tube Industry Co., Ltd.
Tianjin Baolai Int’l Trade Co., Ltd.
Tianjin Haoyou Industry Trade Co., Ltd.
Tianjin Hongshengxiang Paper Company
Tianjin Lifengyuanda Steel Group Co. Ltd.
Tianjin Lituo Steel Products Co., Ltd.
Tianjin Longshenghua Import & Export
Tianjin No. 1 Steel Rolled Co., Ltd.
Tianjin Pipe International Economic &
Trading Corporation
Tianjin Ruitong Steel Co., Ltd.
Tianjin Shenzhoutong Steel Pipe Co., Ltd.
Tianjin Vision International Trading Co., Ltd.
Tianjin Xingyuda Import and Export Co., Ltd.
Tianjin Xingyunda Steel Pipe Co., Ltd.
Tianjin Yayi Industrial Co., Ltd.
Translink Shipping, Inc.
Weifang East Steel Pipe Co., Ltd.
Wisco And Crm Wuhan Materials & Trading
Co., Ltd.
Wuhan Bosen Trade Co., Ltd.
Wuxi Eric Steel Pipe Co., Ltd.
Wuxi Fastube Industry Co., Ltd.
Wuxi Marca International Imports And
Exports
Xuzhou Global Pipe & Fitting Manufacturing
Co., Ltd.
Xuzhou Guang Huan Steel Tube Products
Co., Ltd.
Xuzhou Yongsheng Pipe & Fitting Co., Ltd.
Yangzhou Lontrin Steel Tube Co., Ltd.
Zhangjiagang Hengchang Welding Materials
Co., Ltd.
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Zhangjiangang Zhongyuan Pipe-Making Co.,
Ltd.
Zhejiang Kingland Pipeline Industry Co., Ltd.
Zhejiang Machinery & Equipment Import &
Export Co., Ltd.
[FR Doc. 2019–10437 Filed 5–17–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG627
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Aldo’s Seawall
Replacement Project in Santa Cruz,
California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an incidental
harassment authorization (IHA) to the
Santa Cruz Port District (Port District) to
incidentally harass, by Level A and
Level B harassment only, marine
mammals during pile driving activities
associated with the Aldo’s Seawall
Replacement Project in Santa Cruz,
California (CA).
DATES: This authorization is effective
from June 1, 2019 through May 31,
2020.
FOR FURTHER INFORMATION CONTACT:
Amy Fowler, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the application and
supporting documents, as well as a list
of the references cited in this document,
may be obtained online at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing
these documents, please call the contact
listed above.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
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engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
incidental take authorization may be
provided to the public for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable [adverse] impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of such species or stocks for
taking for certain subsistence uses
(referred to in shorthand as
‘‘mitigation’’); and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth.
Summary of Request
On August 27, 2018, NMFS received
a request from the Port District for an
IHA to take marine mammals incidental
to the Aldo’s Seawall Replacement
Project in the Santa Cruz Small Craft
Harbor (harbor). The application was
deemed adequate and complete on
March 21, 2019. The Port District’s
request was for take of four species of
marine mammals by Level B harassment
and Level A harassment. Neither the
Port District nor NMFS expect serious
injury or mortality to result from this
activity and therefore, an IHA is
appropriate.
Description of Activity
The Port District is planning to
replace the existing seawall located
below Aldo’s Restaurant along the
southwest bank of the Santa Cruz Small
Craft Harbor. The project involves
demolishing the existing restaurant
structure and timber pile supported
restaurant deck, modifying a dock
gangway landing, removing timber piles
supporting the public wharf, removing
and reinstalling rip-rap to accept the
new sheet pile wall, predrilling for new
sheet piles, and installing a new steel
sheet pile seawall with concrete pile cap
and tie-backs in front of the existing
seawall. Four 16-inch (in) (40.6
centimeter (cm)) timber piles supporting
the public wharf will be permanently
removed using a vibratory hammer.
Ninety steel sheet piles will be installed
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
using vibratory and impact hammers.
Sounds produced by these activities
may result in take, by Level A and Level
B harassment, of marine mammals
within and outside of the harbor.
In-water work associated with the
project is expected to occur on 28 nonconsecutive days between June 15, 2019
and November 1, 2019. Work will be
limited to daylight hours only, and
timed to occur at low tide, as feasible.
A detailed description of the planned
activities is provided in the Federal
Register notice announcing the
proposed IHA (84 FR 13892; April 8,
2019). Since that time, no changes have
been made to the Port District’s planned
activities. Therefore, a detailed
description is not provided here. Please
refer to that Federal Register notice for
the description of the specific activity.
Comments and Responses
A notice of NMFS’ proposal to issue
an IHA to the Port District was
published in the Federal Register on
April 8, 2019 (84 FR 13892). That notice
described, in detail, the Port District’s
activity, the marine mammal species
that may be affected by the activity, the
anticipated effects on marine mammals
and their habitat, proposed amount and
manner of take, and proposed
mitigation, monitoring and reporting
measures. On May 6, 2019, NMFS
received a comment letter from the
Marine Mammal Commission
(Commission); the Commission’s
recommendations and our responses are
provided here, and the comments have
been posted online at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-constructionactivities. The Commission
recommended that NMFS issue the IHA,
subject to inclusion of the proposed
mitigation, monitoring, and reporting
measures.
Comment 1: The Commission
questioned whether the public notice
provisions for IHA Renewals fully
satisfy the public notice and comment
provision in the MMPA and discussed
the potential burden on reviewers of
reviewing key documents and
developing comments quickly.
Therefore, the Commission
recommended that NMFS use the IHA
Renewal process sparingly and
selectively for activities expected to
have the lowest levels of impacts to
marine mammals and that require less
complex analysis.
Response: NMFS has taken a number
of steps to ensure the public has
adequate notice, time, and information
to be able to comment effectively on
IHA Renewals within the limitations of
E:\FR\FM\20MYN1.SGM
20MYN1
]]>Agencies
[Federal Register Volume 84, Number 97 (Monday, May 20, 2019)]
[Notices]
[Pages 22817-22820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10437]
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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: Preliminary Results of Antidumping Administrative
Review and Partial Rescission; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that none of the companies under review have demonstrated eligibility
for a separate rate during the period of review (POR) July 1, 2017,
through June 30, 2018. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable May 20, 2019.
FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis, AD/CVD
Operations, Office IV, Enforcement & Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3147.
SUPPLEMENTARY INFORMATION:
Background
After initiating this review of 128 companies, the following events
occurred.\1\ Zekelman Industries (Zekelman), a domestic interested
party, timely withdrew its request for an administrative review of 20
companies. Commerce issued an antidumping duty questionnaire to Beijing
Bell Plumbing Manufacturing Ltd (Beijing Bell). Beijing Bell did not
respond to the questionnaire. Commerce exercised its discretion to toll
all deadlines affected by the partial federal government closure from
December 22, 2018, through the resumption of operations on January 29,
2019.\2\ If the new deadline falls on a non-business day, in accordance
with Commerce's practice, the deadline will become the next business
day. The revised deadline for the preliminary results of review is now
May 13, 2019. For a complete description of the events that followed
the initiation of this administrative review, see the Preliminary
Decision Memorandum hereby adopted by this notice.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 45596 (September 10, 2018) (Initiation
Notice).
\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. All deadlines in this segment of the proceeding
have been extended by 40 days.
\3\ See the Memorandum from Commerce, ``Decision Memorandum for
the Preliminary Results of the Antidumping Duty Administrative
Review of Circular Welded Carbon Quality Steel Pipe from the
People's Republic of China,'' dated concurrently with this notice
(Preliminary Decision Memorandum).
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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.\4\
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\4\ See Preliminary Decision Memorandum for full scope language.
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Partial Rescission
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in
[[Page 22818]]
part, if a party that requested the review withdraws its request within
90 days of the date of publication of the notice of initiation of the
requested review. Zekelman withdrew its request to review 20 companies
within 90 days of the date of publication of Initiation Notice; \5\
however, Independence Tube Corporation, and Southland Tube
Incorporated, which are Nucor companies (collectively, the
petitioners), did not withdraw their request to review 122 companies,
including all but three of the companies for which Zekelman withdrew
its review request. Thus, Zekelman, the only party to request a review
of the six companies listed below, timely withdrew its request for an
administrative review of these three companies. Accordingly, Commerce
is rescinding this review, in part, with respect to the following
companies, in accordance with 19 CFR 351.213(d)(1): \6\ (1) Beijing Jia
Mei Ao Trade Co., Ltd.; (2) Beijing Jinghau Global Trading Co.; (3)
Benxi Northern Steel Pipes, Co., Ltd.; (4) ETCO (China) International
Trading Co., Ltd.; (5) Huludao City Steel Pipe Industrial; and (6)
Tianjin Shuangjie Steel Pipe Co., Ltd.
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\5\ See Letter from Zekelman, ``Circular Welded Carbon Quality
Steel Pipe from the People's Republic of China: Withdrawal of
Request for Administrative Review,'' dated October 17, 2018.
\6\ As stated in Change in Practice in NME Reviews, Commerce
will no longer consider the non-market economy (NME) entity as an
exporter conditionally subject to administrative reviews. See
Antidumping Proceedings: Announcement of Change in Department
Practice for Respondent Selection in Antidumping Duty Proceedings
and Conditional Review of the Nonmarket Economy Entity in NME
Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013) (Change
in Practice in NME Reviews). The China-wide entity is not subject to
this administrative review because no interested party requested a
review of the entity. See Initiation Notice.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a
full description of the methodology underlying these preliminary
results of review, see the Preliminary Decision Memorandum. A list of
topics discussed in the Preliminary Decision Memorandum is provided in
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 https://access.trade.gov and
in the Central Records Unit, Room B8024 of the main Department of
Commerce building. In addition, a complete version of the Preliminary
Results Decision Memorandum can be accessed directly on the internet at
https://enforcement.trade.gov/frn/. The signed and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Separate Rates
In proceedings involving NME countries, Commerce begins with a
rebuttable presumption that all companies within the NME country are
subject to government control and that a single weighted-average
dumping margin (e.g., the China-wide rate) is applicable to all
exporters under review unless an exporter can demonstrate that it is
sufficiently independent so as to be entitled to a separate rate. None
of the companies under review filed a separate rate application,
separate rate certification, or no shipment certification. Moreover,
the sole mandatory respondent, Beijing Bell, did not respond to the AD
questionnaire. Therefore, Commerce preliminarily determines that none
of the companies under review are entitled to a separate rate and has
treated them as part of the China-wide entity. For additional
information regarding Commerce's separate rates determination, see the
Preliminary Decision Memorandum.
Preliminary Results of Review
As noted above, none of the companies under review are entitled to
a separate rate and thus we have treated them as part of the China-wide
entity.\7\ Because no party requested a review of the China-wide
entity, the entity is not under review and the entity's rate (i.e.,
85.55 percent) is not subject to change in this review.\8\ The
companies under review that are being treated as part of the China-wide
entity are listed in Appendix II to this notice.
---------------------------------------------------------------------------
\7\ See Preliminary Decision Memorandum.
\8\ See Circular Welded Carbon Quality Steel Pipe From the
People's Republic of China: Notice of Court Decision Not in Harmony
with Final Determination and Amended Final Determination Under
Section 129 of the Uruguay Round Agreements Act, 80 FR 70758
(November 16, 2015).
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Public Comment
Interested parties are invited to comment on the preliminary
results of this review and may submit case briefs and/or written
comments, filed electronically using ACCESS, within 30 days of the date
of publication of this notice, pursuant to 19 CFR 351.309(c)(1)(ii).
Rebuttal briefs, limited to issues raised in the case briefs, will be
due five days after the due date for case briefs, pursuant to 19 CFR
351.309(d). Parties who submit case or rebuttal briefs in this review
are requested to submit with each argument a statement of the issue, a
summary of the argument not to exceed five pages, and a table of
statutes, regulations, and cases cited, in accordance with 19 CFR
351.309(c)(2).
Pursuant to 19 CFR 351.310(c), interested parties, who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically using ACCESS. Electronically filed case briefs/
written comments and hearing requests must be received successfully in
their entirety by Commerce's electronic records system, ACCESS, by 5:00
p.m. Eastern Time, within 30 days after the date of publication of this
notice.\9\ Hearing requests should contain: (1) The party's name,
address and telephone number; (2) the number of participants; and (3) a
list of issues to be discussed. Issues raised in the hearing will be
limited to those issues raised in the respective case briefs. If a
request for a hearing is made, parties will be notified of the time and
date of the hearing which will be held at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington DC 20230.
---------------------------------------------------------------------------
\9\ See 19 CFR 351.310(c).
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Unless extended, Commerce intends to issue the final results of
this administrative review, including the results of its analysis of
the issues raised in any written briefs, not later than 120 days after
the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\10\ Commerce intends to issue
assessment instructions to CBP 15 days after the publication date of
the final results of this review. If our preliminary results of review
are unchanged in the final results of review, Commerce intends to
instruct CBP to liquidate all POR entries of subject merchandise from
any of the 121 companies under review at 85.55 percent (the China-wide
rate).
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\10\ See 19 CFR 351.212(b)(1).
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For companies for which the review has been rescinded, Commerce
will instruct CBP to assess antidumping duties on entries of subject
merchandise at rates equal to the cash deposit of estimated antidumping
duties required at the time of entry, or withdrawal from
[[Page 22819]]
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(l)(i).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of review, as provided by section 751(a)(2)(C) of the
Act: (1) For previously investigated or reviewed Chinese and non-
Chinese exporters which are not under review in this segment of the
proceeding but which have separate rates, the cash deposit rate will
continue to be the exporter-specific rate published for the most recent
period; (2) for all Chinese exporters of subject merchandise that have
not been granted a separate rate, including Beijing Bell, the cash
deposit rate will be the China-wide rate of 85.55 percent; and (3) for
all non-Chinese exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the Chinese exporter(s) that supplied that non-Chinese
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(d)(4)
and 351.221(b)(4).
Dated: May 13, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Sections in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission
V. Discussion of the Methodology
A. Non-Market Economy Country Status
B. Separate Rates
C. Allegation of Duty Evasion
VI. Recommendation
Appendix II
The following companies are being treated as part of the China-
wide entity:
A&T Industry Co., Ltd.
Allied Transport System Inc.
AM Global Shipping Lines
Ample Star Enterprises
Apex Maritime (Tianjin) Co., Ltd.
Artson Fuzhou Co., Ltd.
Baoshan Iron & Steel Co., Ltd.
Bazhou Dongsheng Hot-Dipped Galvanized Steel Pipe Co., Ltd.
Bazhou Zhuofa Steel Pipe Co. Ltd.
Beijing Bell Plumbing Manufacturing Ltd
Beijing Jia Mei Ao Trade Limited
Beijing Jinghua Shunqi Trading Co., Ltd.
Beijing Kaishengao Import & Export
Beijing Kang Jie Kong International Cargo Agent Co., Ltd.
Beijing Sai Lin Ke Hardware Co., Ltd.
Beijing Zhongxingtong Technology Company Limited
Benxi Northern Pipes Co., Ltd.
Bestar Steel Co., Ltd.
Boyu M/E Company Limited
Cangzhou Huasheng Modern Casting Company Limited
Chaoteng Group Ltd.
CI Consolidators Services Limited
CNOOC Kingland Pipeline Co., Ltd.
Dalian Brollo Steel Tubes Ltd.
Dalian Shipbuilding Import Export Company
DSC Quanzhou Dongshan Machine Co., Ltd
Etco International Trading Co., Ltd.
Feel Light Co., Ltd.
Giant-Move Equipment Co., Ltd.
Guangdong Walsall Steel Pipe Industrial Co., Ltd.
Guangzhou Juyi Steel Pipe Co., Ltd.
Hainan Standard Stone Company Ltd.
Hangzhou Chaoteng International
Hangzhou Shunlan Trading Company Limited
Hebei Machinery Import & Export Co., Ltd.
Hebei Metals & Engineering Products Co., Ltd.
Hefei Ziking Steel Pipe Co., Ltd.
Hengshui Jinghua Steel Pipe Co., Ltd.
Hengyang Valin Steel Tube Group Trading Co. Ltd.
Herede Engineering Ltd.
Hubei Xin Yegang Special Tube Co.
Hulado City Steel Pipe Industrial Co., Ltd.
Hunan Henyang Steel Tube (Group) Co., Ltd.
Jiangsu Changbao Steel Tube Co., Ltd.
Jiangsu Hen-Yuan Garden Supplies Company Ltd.
Jiangsu Yulong Steel Pipe Co., Ltd.
Jiangsu Zhongheng Dyeing & Finishing Co., Ltd.
Jiangyin Jianye Metal Products Co., Ltd.
Jinan Meide Casting Co. Ltd.
Jinan Meide Piping Technology Company Ltd.
Jiangsu Guoqiang Zinc-Plating Industrial Company, Ltd.
Kun Shan Sandia Special Steel Pipe Co., Ltd.
Kunshan City Yuan Han Electronic Co., Ltd.
Kunshan Lets Win Steel Machinery Co., Ltd.
Kunshan Taiheiyo Precision Machinery Co., Ltd.
LF Logistics (China) Co., Ltd.
Lianji Chemical Industry Co Limited
Liaoning Northern Steel Pipe Co., Ltd.
Longyou Yilaida Electric Appliance Co., Ltd.
Myriad Treasure Trading Co., Ltd
Nb Bedding & Living Company Limited
Ningbo Acei Screw Plug Inc.
Ningbo Haishu Jiayong Xingyo Import & Export Co., Ltd.
Ningbo Sunny Foreign Trade Co., Ltd.
Orient Express Container Co., Ltd.
Pacific Star Express Corporation
Pangang Chengdu Group Iron & Steel Co., Ltd.
Panyu Chu Kong Steel Pipe Co., Ltd.
Pudong Prime International Company Limited
Qingdao Ocean Master Steel & Plastic Co., Ltd.
Qingdao Xiangxing Steel Pipe Co., Ltd.
Qingdao Yongjie Import & Export Co., Ltd.
Ritime Group Inc.
Rizhao Xingye Import & Export Co., Ltd.
Rogers Corporation
Shandong Liancheng Auto Parts Company
Shandong Xinyuan Group Co., Ltd.
Shanghai Freeland International Trading Co. Ltd.
Shanghai Golden Bridge Int'l Logistic Co., Ltd.
Shanghai ITPC Import & Export Co. Ltd
Shanghai Metals & Minerals Import & Export Corporation
Shanghai Pudong International Transportation
Shanghai Wor-Biz Trading Co., Ltd.
Shanghai Zhongyou TIPO Steel Pipe Co., Ltd.
Shaoxing Xinyue Trade Co., Ltd.
Shenyang Boyu M/E Co., Ltd.
Shenyang Machinery Import & Export Co., Ltd.
Shijiazhuang Zhongqing Imp & Exp Co., Ltd.
Sichuan Y&J Industries Company Limited
Spat Steel International Hong Kong Limited
Suzhou Hongsheng Lighting Products Co. Ltd
Tangshan Fengnan District Xinlida Steel Pipe Co., Ltd.
The Huludao Steel Tube Industry Co., Ltd.
Tianjin Baolai Int'l Trade Co., Ltd.
Tianjin Haoyou Industry Trade Co., Ltd.
Tianjin Hongshengxiang Paper Company
Tianjin Lifengyuanda Steel Group Co. Ltd.
Tianjin Lituo Steel Products Co., Ltd.
Tianjin Longshenghua Import & Export
Tianjin No. 1 Steel Rolled Co., Ltd.
Tianjin Pipe International Economic & Trading Corporation
Tianjin Ruitong Steel Co., Ltd.
Tianjin Shenzhoutong Steel Pipe Co., Ltd.
Tianjin Vision International Trading Co., Ltd.
Tianjin Xingyuda Import and Export Co., Ltd.
Tianjin Xingyunda Steel Pipe Co., Ltd.
Tianjin Yayi Industrial Co., Ltd.
Translink Shipping, Inc.
Weifang East Steel Pipe Co., Ltd.
Wisco And Crm Wuhan Materials & Trading Co., Ltd.
Wuhan Bosen Trade Co., Ltd.
Wuxi Eric Steel Pipe Co., Ltd.
Wuxi Fastube Industry Co., Ltd.
Wuxi Marca International Imports And Exports
Xuzhou Global Pipe & Fitting Manufacturing Co., Ltd.
Xuzhou Guang Huan Steel Tube Products Co., Ltd.
Xuzhou Yongsheng Pipe & Fitting Co., Ltd.
Yangzhou Lontrin Steel Tube Co., Ltd.
Zhangjiagang Hengchang Welding Materials Co., Ltd.
[[Page 22820]]
Zhangjiangang Zhongyuan Pipe-Making Co., Ltd.
Zhejiang Kingland Pipeline Industry Co., Ltd.
Zhejiang Machinery & Equipment Import & Export Co., Ltd.
[FR Doc. 2019-10437 Filed 5-17-19; 8:45 am]
BILLING CODE 3510-DS-P
