Large Diameter Welded Pipe From Greece: Preliminary Results of Antidumping Duty Changed Circumstances Review, 26924-26926 [2020-09677]
Download as PDF
<![CDATA[
26924
Federal Register / Vol. 85, No. 88 / Wednesday, May 6, 2020 / Notices
closing period for their receipt is June
15, 2020.
A copy of the notification will be
available for public inspection in the
‘‘Reading Room’’ section of the Board’s
website, which is accessible via
www.trade.gov/ftz.
For further information, contact
Juanita Chen at juanita.chen@trade.gov
or 202–482–1378.
Dated: April 30, 2020.
Andrew McGilvray,
Executive Secretary.
Background
[FR Doc. 2020–09676 Filed 5–5–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–22–2020]
Foreign-Trade Zone 139—Sierra Vista,
Arizona; Application for
Reorganization (Expansion of Service
Area) Under Alternative Site
Framework; Correction
The Federal Register notice (85 FR
23506, April 28, 2020) describing the
application submitted by the Arizona
Regional Economic Development
Foundation, grantee of Foreign-Trade
Zone 139, requesting authority to
expand its service area under the
alternative site framework is corrected
as follows:
In the heading of the notice, fourth
line, the location of Foreign-Trade Zone
139 should read ‘‘Sierra Vista, Arizona.’’
Dated: April 30, 2020.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2020–09675 Filed 5–5–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Subsidy Programs Provided by
Countries Exporting Softwood Lumber
and Softwood Lumber Products to the
United States; Request for Comment
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) seeks public comment on
any subsidies, including stumpage
subsidies, provided by certain countries
exporting softwood lumber or softwood
lumber products to the United States
during the period July 1, 2019 through
December 31, 2019.
AGENCY:
VerDate Sep<11>2014
19:08 May 05, 2020
Comments must be submitted
within 30 days after publication of this
notice.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4793.
SUPPLEMENTARY INFORMATION:
DATES:
Jkt 250001
Pursuant to section 805 of Title VIII
of the Tariff Act of 1930 (the Softwood
Lumber Act of 2008), the Secretary of
Commerce is mandated to submit to the
appropriate Congressional committees a
report every 180 days on any subsidy
provided by countries exporting
softwood lumber or softwood lumber
products to the United States, including
stumpage subsidies. Commerce
submitted its last subsidy report on
December 30, 2019. As part of its newest
report, Commerce intends to include a
list of subsidy programs identified with
sufficient clarity by the public in
response to this notice.
Request for Comments
Given the large number of countries
that export softwood lumber and
softwood lumber products to the United
States, we are soliciting public comment
only on subsidies provided by countries
which had exports accounting for at
least one percent of total U.S. imports of
softwood lumber by quantity, as
classified under Harmonized Tariff
Schedule of the United States (HTSUS)
codes 4407.1001, 4407.1100, 4407.1200,
4407.1905, 4407.1906, 4407.1910,
during the period July 1, 2019 through
December 31, 2019. Official U.S. import
data published by the United States
International Trade Commission’s
DataWeb indicate that four countries
(Brazil, Canada, Germany, and Sweden)
exported softwood lumber to the United
States during that time period in
amounts sufficient to account for at least
one percent of U.S. imports of softwood
lumber products. We intend to rely on
similar previous six-month periods to
identify the countries subject to future
reports on softwood lumber subsidies.
For example, we will rely on U.S.
imports of softwood lumber and
softwood lumber products during the
period January 1, 2020, through June 30,
2020, to select the countries subject to
the next report.
Under U.S. trade law, a subsidy exists
where an authority: (i) Provides a
financial contribution; (ii) provides any
form of income or price support within
the meaning of Article XVI of the GATT
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
1994; or (iii) makes a payment to a
funding mechanism to provide a
financial contribution to a person, or
entrusts or directs a private entity to
make a financial contribution, if
providing the contribution would
normally be vested in the government
and the practice does not differ in
substance from practices normally
followed by governments, and a benefit
is thereby conferred.1
Parties should include in their
comments: (1) The country which
provided the subsidy; (2) the name of
the subsidy program; (3) a brief
description (no more than 3–4
sentences) of the subsidy program; and
(4) the government body or authority
that provided the subsidy.
Submission of Comments
As specified above, to be assured of
consideration, comments must be
received no later than 30 days after the
publication of this notice in the Federal
Register. All comments must be
submitted through the Federal
eRulemaking Portal at https://
www.regulations.gov, Docket No. ITA–
2020–0002. The materials in the docket
will not be edited to remove identifying
or contact information, and Commerce
cautions against including any
information in an electronic submission
that the submitter does not want
publicly disclosed. Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
formats only.
The electronic comments should be
addressed to Joseph Laroski, Deputy
Assistant Secretary for Policy and
Negotiations, at U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
Dated: April 22, 2020.
Joseph Laroski,
Deputy Assistant Secretary for Policy and
Negotiations.
[FR Doc. 2020–09674 Filed 5–5–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–484–803]
Large Diameter Welded Pipe From
Greece: Preliminary Results of
Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
1 See section 771(5)(B) of the Tariff Act of 1930,
as amended.
E:\FR\FM\06MYN1.SGM
06MYN1
Federal Register / Vol. 85, No. 88 / Wednesday, May 6, 2020 / Notices
The Department of Commerce
(Commerce) is issuing the preliminary
results of the changed circumstances
review (CCR) of the antidumping duty
(AD) order on large diameter welded
pipe from Greece.
DATES: Applicable May 6, 2020.
FOR FURTHER INFORMATION CONTACT:
Brittany Bauer, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3860.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On February 21, 2020, in response to
a request by Corinth Pipeworks Pipe
Industry S.A. (Corinth), a Greek
producer of large diameter welded pipe
(welded pipe), Commerce published a
notice of initiation of a changed
circumstances review to partially revoke
the antidumping duty order on welded
pipe from Greece.1 The specific types of
large diameter welded pipe which are
under consideration for partial
revocation are described in the
Attachment to this notice. In the
Initiation Notice, we requested
comments from interested parties.2 In
March 2020, we received comments
from Corinth 3 and the domestic
producers,4 and rebuttal comments from
Corinth.5 On April 9, 2020, we spoke
with the domestic producers regarding
both this CCR and the CCRs of welded
pipe from India.6
1 See Large Diameter Welded Pipe from Greece:
Initiation of Antidumping Duty Changed
Circumstances Review, 85 FR 10150 (February 21,
2020) (Initiation Notice).
2 See Initiation Notice, 85 FR at 10151.
3 See Corinth’s Letter, ‘‘Changed Circumstances
Review of Large Diameter Welded Pipe from
Greece—Corinth Pipeworks’ Comments and New
Factual Information for Changed Circumstances
Review,’’ dated March 6, 2020 (Corinth’s
Comments); and Domestic Producers’ Letter, ‘‘Large
Diameter Welded Pipe from Greece: Comments on
Initiation of Changed Circumstances Review,’’
dated March 6, 2020 (refiled with amended
bracketing on March 13, 2020) (Domestic Producers’
Comments).
4 The domestic producers are American Cast Iron
Pipe Company; Berg Steel Pipe Corp./Berg Spiral
Pipe Corp.; Dura-Bond Industries; Stupp
Corporation; (individually and as members of the
American Line Pipe Producers Association); Greens
Bayou Pipe Mill, LP; JSW Steel (USA) Inc.; Skyline
Steel; and Trinity Products LLC (collectively the
petitioners in the less-than-fair-value investigation)
and Welspun Global Trade LLC.
5 See Corinth’s Letter, ‘‘Changed Circumstances
Review of Large Diameter Welded Pipe from
Greece—Corinth Pipeworks’ Rebuttal Comments,’’
dated March 20, 2020 (Corinth’s Rebuttal
Comments).
6 See Memorandum, ‘‘AD Order on Large
Diameter Welded Pipe from Greece; AD and CVD
Orders on Large Diameter Welded Pipe from
India—Ex Parte Memorandum,’’ dated April 14,
2020.
VerDate Sep<11>2014
19:08 May 05, 2020
Jkt 250001
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 the orders.
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 the 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 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 the 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
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
26925
are provided for convenience and
customs purposes, the written
description of the scope of the order is
dispositive.
Preliminary Results of Changed
Circumstances Review
In this changed circumstances review,
pursuant to section 751(b) of the Tariff
Act of 1930, as amended (the Act),
Commerce is considering the partial
revocation of the order on welded pipe
from Greece. The Greek welded pipe
producer Corinth requested a changed
circumstances review following the
initiation and preliminary partial
revocation of the antidumping and
countervailing (CVD) duty orders on
large diameter welded pipe from India.7
In its request, Corinth included the
public version of the domestic
producers’ request to initiate the Indian
CCRs. In the Indian CCR requests, the
ten domestic producers filing the
request assert that they account for
‘‘substantially all’’ 8 of the domestic
production of large diameter welded
pipe.9 In the Initiation Notice for the
Greek CCR, we requested comments
related to the applicability of the ‘‘no
interest’’ statement in the Indian CCR
request to the Greek CCR. In response,
we received a submission from the
domestic producers in which they
stated the following: ‘‘{the domestic
producers} confirm the comments made
in the CCR of the antidumping and
countervailing duty orders of LDWP
from India.’’ 10
We find that: (1) The ten domestic
producers’ statement of no interest in
the AD and CVD orders with respect to
certain specific large diameter welded
pipe products from India; (2) the
domestic producers’ statement that they
do not currently produce the particular
large diameter welded pipe products
subject to this CCR request; 11 (3) the
domestic producers’ statement that the
investment needed for the industry to
7 See Corinth’s Letter, ‘‘Large Diameter Welded
Pipe from Greece: Request for Changed
Circumstances Review and Revocation, In Part,’’
dated January 3, 2020 (Corinth CCR Request); and
Large Diameter Welded Pipe from India: Initiation
and Expedited Preliminary Results of Antidumping
Duty and Countervailing Duty Changed
Circumstances Reviews, 84 FR 69356 (December 18,
2019) (Indian CCR Initiation and Prelim).
8 Commerce has interpreted ‘‘substantially all’’ to
mean at least 85 percent of the total production of
the domestic like product covered by the order. See,
e.g., Supercalendered Paper from Canada: Final
Results of Changed Circumstances Review and
Revocation of Countervailing Duty Order, 83 FR
32268 (July 12, 2018).
9 See Corinth CCR Request, at Exhibit 2 and
Indian CCR Initiation and Prelim, 84 FR at 69357.
10 See Domestic Producers’ Comments, at 2.
11 See Corinth CCR Request, at Exhibits 1 (at 84
FR 69357), 2 (at internal page numbers 4 and 8),
and 4 (at internal page numbers 9–10).
E:\FR\FM\06MYN1.SGM
06MYN1
26926
Federal Register / Vol. 85, No. 88 / Wednesday, May 6, 2020 / Notices
produce these products far exceeds the
potential benefit of such an investment,
given that the U.S. market for deep
offshore projects, i.e., the primary
market for the large diameter welded
pipe product groups at issue is
relatively small; 12 and (4) the domestic
industry’s support for excluding the
pipe products at issue from the Greek
order, in the event that Commerce
determines to treat all three orders
equally, all support a preliminary
finding to exclude the specified
products from the AD order on large
diameter welded pipe from Greece.
In its comments on the initiation of
this review, Corinth argued that: (1) The
domestic industry has expressed a lack
of interest in these products; (2) no
party objected to the Section 232
exclusion requests for these same
products; and (3) Corinth currently
produces these varieties of welded
pipe.13 In response, the domestic
producers stated that, while the partial
revocation of the Indian orders would
convey a benefit to the domestic
producers, it did not believe that a
similar domestic benefit would be
conferred by the exclusion of the same
products from Greek order.14
In its rebuttal comments, Corinth
argues that ‘‘domestic benefit’’ is not a
consideration in the law, regulation, or
practice of CCRs.15 Corinth argues that
the relevant factors are: (1) The
domestic industry’s statement of no
interest in its request for CCRs of Indian
welded pipe; (2) the fact that the
domestic industry does not produce
these varieties of welded pipe; (3) the
fact that the domestic industry has no
intention of producing these varieties of
pipe, because the investment needed
outweighs any economic benefits due to
the small size of market for these types
of welded pipe; and (4) ten domestic
producers, who account for at least 85
percent of domestic production of
welded pipe, supported the statement of
no interest.16 Further, Corinth pointed
out that in the Indian proceedings, the
domestic producers inaccurately stated
that only India, Brazil, and Germany
produce the specified welded pipe in
meaningful quantities.17
Corinth also argues that the domestic
producers are incorrect in their
assertion that an exclusion for any other
12 See
Corinth CCR Request at 6 and Exhibits 2
(at internal page number 4) and Exhibit 4 (at
internal page number 10).
13 See Corinth’s Comments at 3–5 and Exhibits 2,
3, and 4.
14 See Domestic Producers’ Comments at 2.
15 See Corinth’s Rebuttal Comments at 2–3.
16 See Corinth’s Rebuttal Comments at 3.
17 Id. at 4.
VerDate Sep<11>2014
19:08 May 05, 2020
Jkt 250001
country subject to the orders is
unnecessary.18 The domestic producers
did not rebut Corinth’s comments.
While the direct statement of no
interest from the domestic producers is
from the Indian welded pipe CCRs, the
domestic producers have stated that
these varieties of welded pipe are not
produced domestically and that there
are no plans to undertake the
investments needed to produce these
varieties of welded pipe.19 Further,
there is no evidence that harm is done
to the domestic industry only by
imports of Greek welded pipe and not
by Indian welded pipe. Accordingly, we
find that the domestic producers’
statements are equally applicable to the
CCRs for both countries, as the lack of
domestic production or planned
domestic production is true regardless
of the foreign country of production.
Therefore, in the absence of an
objection by any other interested
parties, and based upon the four factual
factors listed above, we preliminarily
find excluding those products from the
Greek and Indian Orders to be equally
appropriate. Thus, we preliminarily
determine that substantially all of the
domestic producers of the like product
have no interest in the continued
application, in part, of the AD order on
the same types of large diameter welded
pipe from Greece. Accordingly, we are
notifying the public of our intent to
revoke, in part, the AD order as it relates
to certain specific large diameter welded
pipe products. We intend to change the
scope of the AD order on large diameter
welded pipe from Greece by adding the
exclusion language provided in the
Attachment to this notice.
Public Comment
Interested parties may submit case
briefs not later than 14 days after the
date of publication of this notice.20
Rebuttal briefs, which must be limited
to issues raised in case briefs, may be
filed not later than seven days after the
due date for case briefs.21 All
submissions must be filed electronically
using Enforcement and Compliance’s
AD and CVD Centralized Electronic
Service System (ACCESS). ACCESS is
available to registered users at https://
access.trade.gov. An electronically filed
18 Id.
at 4–6.
Corinth CCR Request, at 6 and Exhibits 1
(at 84 FR 69357), 2 (at internal page numbers 4 and
8), and 4 (at internal page numbers 9–10).
20 Commerce is exercising its discretion under 19
CFR 351.309(c)(1)(ii) to alter the time limit for filing
of case briefs.
21 Commerce is exercising its discretion under 19
CFR 351.309(d)(1) to alter the time limit for filing
of rebuttal briefs.
19 See
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
document must be received successfully
in its entirety in ACCESS by 5:00 p.m.
Eastern Time on the due date set forth
in this notice. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until May 19, 2020, unless
extended.22
An interested party may request a
hearing within 14 days of publication of
this notice. Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations at
the hearing will be limited to issues
raised in the briefs. If a request for a
hearing is made, Commerce intends to
hold the hearing at a date and time to
be determined.23 Parties should confirm
the date, time, and location of the
hearing two days before the scheduled
date.
Unless extended, consistent with 19
CFR 351.216(e), we intend to issue the
final results of these CCRs no later than
270 days after the date on which these
reviews were initiated, or within 45
days of that date if all parties agree to
the outcome of the reviews.
Notification to Interested Parties
This notice is published in
accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR 351.216
and 351.221(c)(3).
Dated: April 30, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Attachment
Proposed Revision to the Scope of the Order
Excluded from the scope of the
antidumping duty Order are large diameter
welded pipe products in the following
combinations of grades, outside diameters,
and wall thicknesses:
• Grade X60, X65, or X70, 18″ outside
diameter, 0.688″ or greater wall thickness;
• Grade X60, X65, or X70, 20″ outside
diameter, 0.688″ or greater wall thickness;
• Grade X60, X65, X70, or X80, 22″ outside
diameter, 0.750″ or greater wall thickness;
and
• Grade X60, X65, or X70, 24″ outside
diameter, 0.750″ or greater wall thickness.
[FR Doc. 2020–09677 Filed 5–5–20; 8:45 am]
BILLING CODE 3510–DS–P
22 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
17006 (March 26, 2020).
23 See 19 CFR 351.310(d).
E:\FR\FM\06MYN1.SGM
06MYN1
]]>Agencies
[Federal Register Volume 85, Number 88 (Wednesday, May 6, 2020)]
[Notices]
[Pages 26924-26926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09677]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-484-803]
Large Diameter Welded Pipe From Greece: Preliminary Results of
Antidumping Duty Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 26925]]
SUMMARY: The Department of Commerce (Commerce) is issuing the
preliminary results of the changed circumstances review (CCR) of the
antidumping duty (AD) order on large diameter welded pipe from Greece.
DATES: Applicable May 6, 2020.
FOR FURTHER INFORMATION CONTACT: Brittany Bauer, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3860.
SUPPLEMENTARY INFORMATION:
Background
On February 21, 2020, in response to a request by Corinth Pipeworks
Pipe Industry S.A. (Corinth), a Greek producer of large diameter welded
pipe (welded pipe), Commerce published a notice of initiation of a
changed circumstances review to partially revoke the antidumping duty
order on welded pipe from Greece.\1\ The specific types of large
diameter welded pipe which are under consideration for partial
revocation are described in the Attachment to this notice. In the
Initiation Notice, we requested comments from interested parties.\2\ In
March 2020, we received comments from Corinth \3\ and the domestic
producers,\4\ and rebuttal comments from Corinth.\5\ On April 9, 2020,
we spoke with the domestic producers regarding both this CCR and the
CCRs of welded pipe from India.\6\
---------------------------------------------------------------------------
\1\ See Large Diameter Welded Pipe from Greece: Initiation of
Antidumping Duty Changed Circumstances Review, 85 FR 10150 (February
21, 2020) (Initiation Notice).
\2\ See Initiation Notice, 85 FR at 10151.
\3\ See Corinth's Letter, ``Changed Circumstances Review of
Large Diameter Welded Pipe from Greece--Corinth Pipeworks' Comments
and New Factual Information for Changed Circumstances Review,''
dated March 6, 2020 (Corinth's Comments); and Domestic Producers'
Letter, ``Large Diameter Welded Pipe from Greece: Comments on
Initiation of Changed Circumstances Review,'' dated March 6, 2020
(refiled with amended bracketing on March 13, 2020) (Domestic
Producers' Comments).
\4\ The domestic producers are American Cast Iron Pipe Company;
Berg Steel Pipe Corp./Berg Spiral Pipe Corp.; Dura-Bond Industries;
Stupp Corporation; (individually and as members of the American Line
Pipe Producers Association); Greens Bayou Pipe Mill, LP; JSW Steel
(USA) Inc.; Skyline Steel; and Trinity Products LLC (collectively
the petitioners in the less-than-fair-value investigation) and
Welspun Global Trade LLC.
\5\ See Corinth's Letter, ``Changed Circumstances Review of
Large Diameter Welded Pipe from Greece--Corinth Pipeworks' Rebuttal
Comments,'' dated March 20, 2020 (Corinth's Rebuttal Comments).
\6\ See Memorandum, ``AD Order on Large Diameter Welded Pipe
from Greece; AD and CVD Orders on Large Diameter Welded Pipe from
India--Ex Parte Memorandum,'' dated April 14, 2020.
---------------------------------------------------------------------------
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 multiple-certified/
stenciled pipe with an API (or comparable) welded line pipe
certification/stencil, is covered by the scope of the orders.
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 the 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 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 the 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 the order is
dispositive.
Preliminary Results of Changed Circumstances Review
In this changed circumstances review, pursuant to section 751(b) of
the Tariff Act of 1930, as amended (the Act), Commerce is considering
the partial revocation of the order on welded pipe from Greece. The
Greek welded pipe producer Corinth requested a changed circumstances
review following the initiation and preliminary partial revocation of
the antidumping and countervailing (CVD) duty orders on large diameter
welded pipe from India.\7\ In its request, Corinth included the public
version of the domestic producers' request to initiate the Indian CCRs.
In the Indian CCR requests, the ten domestic producers filing the
request assert that they account for ``substantially all'' \8\ of the
domestic production of large diameter welded pipe.\9\ In the Initiation
Notice for the Greek CCR, we requested comments related to the
applicability of the ``no interest'' statement in the Indian CCR
request to the Greek CCR. In response, we received a submission from
the domestic producers in which they stated the following: ``{the
domestic producers{time} confirm the comments made in the CCR of the
antidumping and countervailing duty orders of LDWP from India.'' \10\
---------------------------------------------------------------------------
\7\ See Corinth's Letter, ``Large Diameter Welded Pipe from
Greece: Request for Changed Circumstances Review and Revocation, In
Part,'' dated January 3, 2020 (Corinth CCR Request); and Large
Diameter Welded Pipe from India: Initiation and Expedited
Preliminary Results of Antidumping Duty and Countervailing Duty
Changed Circumstances Reviews, 84 FR 69356 (December 18, 2019)
(Indian CCR Initiation and Prelim).
\8\ Commerce has interpreted ``substantially all'' to mean at
least 85 percent of the total production of the domestic like
product covered by the order. See, e.g., Supercalendered Paper from
Canada: Final Results of Changed Circumstances Review and Revocation
of Countervailing Duty Order, 83 FR 32268 (July 12, 2018).
\9\ See Corinth CCR Request, at Exhibit 2 and Indian CCR
Initiation and Prelim, 84 FR at 69357.
\10\ See Domestic Producers' Comments, at 2.
---------------------------------------------------------------------------
We find that: (1) The ten domestic producers' statement of no
interest in the AD and CVD orders with respect to certain specific
large diameter welded pipe products from India; (2) the domestic
producers' statement that they do not currently produce the particular
large diameter welded pipe products subject to this CCR request; \11\
(3) the domestic producers' statement that the investment needed for
the industry to
[[Page 26926]]
produce these products far exceeds the potential benefit of such an
investment, given that the U.S. market for deep offshore projects,
i.e., the primary market for the large diameter welded pipe product
groups at issue is relatively small; \12\ and (4) the domestic
industry's support for excluding the pipe products at issue from the
Greek order, in the event that Commerce determines to treat all three
orders equally, all support a preliminary finding to exclude the
specified products from the AD order on large diameter welded pipe from
Greece.
---------------------------------------------------------------------------
\11\ See Corinth CCR Request, at Exhibits 1 (at 84 FR 69357), 2
(at internal page numbers 4 and 8), and 4 (at internal page numbers
9-10).
\12\ See Corinth CCR Request at 6 and Exhibits 2 (at internal
page number 4) and Exhibit 4 (at internal page number 10).
---------------------------------------------------------------------------
In its comments on the initiation of this review, Corinth argued
that: (1) The domestic industry has expressed a lack of interest in
these products; (2) no party objected to the Section 232 exclusion
requests for these same products; and (3) Corinth currently produces
these varieties of welded pipe.\13\ In response, the domestic producers
stated that, while the partial revocation of the Indian orders would
convey a benefit to the domestic producers, it did not believe that a
similar domestic benefit would be conferred by the exclusion of the
same products from Greek order.\14\
---------------------------------------------------------------------------
\13\ See Corinth's Comments at 3-5 and Exhibits 2, 3, and 4.
\14\ See Domestic Producers' Comments at 2.
---------------------------------------------------------------------------
In its rebuttal comments, Corinth argues that ``domestic benefit''
is not a consideration in the law, regulation, or practice of CCRs.\15\
Corinth argues that the relevant factors are: (1) The domestic
industry's statement of no interest in its request for CCRs of Indian
welded pipe; (2) the fact that the domestic industry does not produce
these varieties of welded pipe; (3) the fact that the domestic industry
has no intention of producing these varieties of pipe, because the
investment needed outweighs any economic benefits due to the small size
of market for these types of welded pipe; and (4) ten domestic
producers, who account for at least 85 percent of domestic production
of welded pipe, supported the statement of no interest.\16\ Further,
Corinth pointed out that in the Indian proceedings, the domestic
producers inaccurately stated that only India, Brazil, and Germany
produce the specified welded pipe in meaningful quantities.\17\
---------------------------------------------------------------------------
\15\ See Corinth's Rebuttal Comments at 2-3.
\16\ See Corinth's Rebuttal Comments at 3.
\17\ Id. at 4.
---------------------------------------------------------------------------
Corinth also argues that the domestic producers are incorrect in
their assertion that an exclusion for any other country subject to the
orders is unnecessary.\18\ The domestic producers did not rebut
Corinth's comments.
---------------------------------------------------------------------------
\18\ Id. at 4-6.
---------------------------------------------------------------------------
While the direct statement of no interest from the domestic
producers is from the Indian welded pipe CCRs, the domestic producers
have stated that these varieties of welded pipe are not produced
domestically and that there are no plans to undertake the investments
needed to produce these varieties of welded pipe.\19\ Further, there is
no evidence that harm is done to the domestic industry only by imports
of Greek welded pipe and not by Indian welded pipe. Accordingly, we
find that the domestic producers' statements are equally applicable to
the CCRs for both countries, as the lack of domestic production or
planned domestic production is true regardless of the foreign country
of production.
---------------------------------------------------------------------------
\19\ See Corinth CCR Request, at 6 and Exhibits 1 (at 84 FR
69357), 2 (at internal page numbers 4 and 8), and 4 (at internal
page numbers 9-10).
---------------------------------------------------------------------------
Therefore, in the absence of an objection by any other interested
parties, and based upon the four factual factors listed above, we
preliminarily find excluding those products from the Greek and Indian
Orders to be equally appropriate. Thus, we preliminarily determine that
substantially all of the domestic producers of the like product have no
interest in the continued application, in part, of the AD order on the
same types of large diameter welded pipe from Greece. Accordingly, we
are notifying the public of our intent to revoke, in part, the AD order
as it relates to certain specific large diameter welded pipe products.
We intend to change the scope of the AD order on large diameter welded
pipe from Greece by adding the exclusion language provided in the
Attachment to this notice.
Public Comment
Interested parties may submit case briefs not later than 14 days
after the date of publication of this notice.\20\ Rebuttal briefs,
which must be limited to issues raised in case briefs, may be filed not
later than seven days after the due date for case briefs.\21\ All
submissions must be filed electronically using Enforcement and
Compliance's AD and CVD Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. An
electronically filed document must be received successfully in its
entirety in ACCESS by 5:00 p.m. Eastern Time on the due date set forth
in this notice. Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until May 19, 2020, unless extended.\22\
---------------------------------------------------------------------------
\20\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for filing of case briefs.
\21\ Commerce is exercising its discretion under 19 CFR
351.309(d)(1) to alter the time limit for filing of rebuttal briefs.
\22\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020).
---------------------------------------------------------------------------
An interested party may request a hearing within 14 days of
publication of this notice. Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations at the hearing will be limited to
issues raised in the briefs. If a request for a hearing is made,
Commerce intends to hold the hearing at a date and time to be
determined.\23\ Parties should confirm the date, time, and location of
the hearing two days before the scheduled date.
---------------------------------------------------------------------------
\23\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Unless extended, consistent with 19 CFR 351.216(e), we intend to
issue the final results of these CCRs no later than 270 days after the
date on which these reviews were initiated, or within 45 days of that
date if all parties agree to the outcome of the reviews.
Notification to Interested Parties
This notice is published in accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR 351.216 and 351.221(c)(3).
Dated: April 30, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Attachment
Proposed Revision to the Scope of the Order
Excluded from the scope of the antidumping duty Order are large
diameter welded pipe products in the following combinations of
grades, outside diameters, and wall thicknesses:
Grade X60, X65, or X70, 18'' outside diameter, 0.688''
or greater wall thickness;
Grade X60, X65, or X70, 20'' outside diameter, 0.688''
or greater wall thickness;
Grade X60, X65, X70, or X80, 22'' outside diameter,
0.750'' or greater wall thickness; and
Grade X60, X65, or X70, 24'' outside diameter, 0.750''
or greater wall thickness.
[FR Doc. 2020-09677 Filed 5-5-20; 8:45 am]
BILLING CODE 3510-DS-P
