Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the Republic of Korea: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 80024-80026 [2020-27306]
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80024
Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices
ITC confirms that it will not disclose
such information, either publicly or
under an administrative protective order
(APO), without the written consent of
the Assistant Secretary for Enforcement
and Compliance.
Notification Regarding Administrative
Protective Orders
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to the APO of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 705(d)
and 771(i) of the Act and 19 CFR
351.210(c).
Dated: December 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
jbell on DSKJLSW7X2PROD with NOTICES
Appendix I
Scope of the Investigation
The products covered by this investigation
are forged steel fluid end blocks (fluid end
blocks), whether in finished or unfinished
form, and which are typically used in the
manufacture or service of hydraulic pumps.
The term ‘‘forged’’ is an industry term used
to describe the grain texture of steel resulting
from the application of localized compressive
force. Illustrative forging standards include,
but are not limited to, American Society for
Testing and Materials (ASTM) specifications
A668 and A788.
For purposes of this investigation, the term
‘‘steel’’ denotes metal containing the
following chemical elements, by weight: (i)
Iron greater than or equal to 60 percent; (ii)
nickel less than or equal to 8.5 percent; (iii)
copper less than or equal to 6 percent; (iv)
chromium greater than or equal to 0.4
percent, but less than or equal to 20 percent;
and (v) molybdenum greater than or equal to
0.15 percent, but less than or equal to 3
percent. Illustrative steel standards include,
but are not limited to, American Iron and
Steel Institute (AISI) or Society of
Automotive Engineers (SAE) grades 4130,
4135, 4140, 4320, 4330, 4340, 8630, 15–5,
17–4, F6NM, F22, F60, and XM25, as well as
modified varieties of these grades.
The products covered by this investigation
are: (1) Cut-to-length fluid end blocks with an
actual height (measured from its highest
point) of 8 inches (203.2 mm) to 40 inches
(1,016.0 mm), an actual width (measured
from its widest point) of 8 inches (203.2 mm)
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to 40 inches (1,016.0 mm), and an actual
length (measured from its longest point) of 11
inches (279.4 mm) to 75 inches (1,905.0 mm);
and (2) strings of fluid end blocks with an
actual height (measured from its highest
point) of 8 inches (203.2 mm) to 40 inches
(1,016.0 mm), an actual width (measured
from its widest point) of 8 inches (203.2 mm)
to 40 inches (1,016.0 mm), and an actual
length (measured from its longest point) up
to 360 inches (9,144.0 mm).
The products included in the scope of this
investigation have a tensile strength of at
least 70 KSI (measured in accordance with
ASTM A370) and a hardness of at least 140
HBW (measured in accordance with ASTM
E10).
A fluid end block may be imported in
finished condition (i.e., ready for
incorporation into a pump fluid end
assembly without further finishing
operations) or unfinished condition (i.e.,
forged but still requiring one or more
finishing operations before it is ready for
incorporation into a pump fluid end
assembly). Such finishing operations may
include: (1) Heat treating; (2) milling one or
more flat surfaces; (3) contour machining to
custom shapes or dimensions; (4) drilling or
boring holes; (5) threading holes; and/or (6)
painting, varnishing, or coating.
Excluded from the scope of this
investigation are fluid end block assemblies
which (1) include (a) plungers and related
housings, adapters, gaskets, seals, and
packing nuts, (b) valves and related seats,
springs, seals, and cover nuts, and (c) a
discharge flange and related seals, and (2) are
otherwise ready to be mated with the ‘‘power
end’’ of a hydraulic pump without the need
for installation of any plunger, valve, or
discharge flange components, or any other
further manufacturing operations.
The products included in the scope of this
investigation may enter under Harmonized
Tariff Schedule of the United States (HTSUS)
subheadings 7218.91.0030, 7218.99.0030,
7224.90.0015, 7224.90.0045, 7326.19.0010,
7326.90.8688, or 8413.91.9055. While these
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
investigation is dispositive.
Appendix II
List of Topics Discussed in the Final
Decision Memorandum
I. Summary
II. Background
III. Subsidies Valuation
IV. Benchmark and Interest Rates
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Analysis of Programs
VII. Analysis of Comments
Comment 1: Whether Commerce Should
Find the Industrial Exemptions for
General Electricity Network Costs
Program Specific
Comment 2: Whether the 2016 Electricity
Reimbursement Received by Metalcam
in the Industrial Exemptions for General
Electricity Network Costs Program
Should be Counted as a Benefit within
the POI
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Comment 3: Whether Commerce Should
Find European Union Emissions Trading
System (ETS) Countervailable
Comment 4: Whether Commerce Should
Find Energy Interruptability Contracts
Countervailable
Comment 5: Whether Commerce Correctly
Applied Adverse Facts Available to
Forge Monchieri When It Failed to
Respond to Commerce’s Quantity and
Value Questionnaire
Comment 6: Whether Commerce Should
Consider the Government of Italy’s
Grants for Continuous Training
Countervailable
Comment 7: Whether Commerce Should
Continue to Apply Adverse Facts
Available Due the GOI’s Failure to
Provide Information Necessary to Assess
the De Facto Specificity of Various
Subsidy Programs
VIII. Recommendation
[FR Doc. 2020–27336 Filed 12–10–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–910]
Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe
from the Republic of Korea:
Preliminary Affirmative Countervailing
Duty Determination and Alignment of
Final Determination With Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
seamless carbon and alloy steel
standard, line, and pressure pipe
(seamless pipe) from the Republic of
Korea (Korea). The period of
investigation is January 1, 2019 through
December 31, 2019. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable December 11, 2020.
FOR FURTHER INFORMATION CONTACT:
Moses Song or Natasia Harrison, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–7885 or (202) 482–1240,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
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(the Act). Commerce published the
notice of initiation of this investigation
on August 4, 2020.1 On September 2,
2020, Commerce postponed the
preliminary determination of this
investigation to December 7, 2020.2 For
a complete description of the events that
followed the initiation of this
investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II 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. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Scope of the Investigation
The products covered by this
investigation are seamless pipe from
Korea. For a complete description of the
scope of this investigation, see
Appendix I.
jbell on DSKJLSW7X2PROD with NOTICES
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,4 we set aside a
period of time, as stated in the Initiation
Notice, for parties to raise issues
regarding product coverage (i.e., scope).5
We received comments concerning the
scope of the antidumping duty (AD) and
countervailing duty (CVD)
investigations of seamless pipe as it
appeared in the Initiation Notice. We
are currently evaluating the scope
comments filed by the interested
parties. We intend to issue our
preliminary decision regarding the
1 See Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe from the Republic of Korea
and the Russian Federation: Initiation of
Countervailing Duty Investigations, 85 FR 47170
(August 4, 2020) (Initiation Notice).
2 See Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe from the Republic of Korea
and the Russian Federation: Postponement of
Preliminary Determinations in the Countervailing
Duty Investigations, 85 FR 54533 (September 2,
2020).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination of the
Countervailing Duty Investigation of Seamless
Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from the Republic of Korea,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
5 See Initiation Notice, 85 FR at 47171.
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Jkt 253001
scope of this and the companion AD
and CVD investigations no later than
February 3, 2021, the deadline for the
preliminary determinations in the
companion AD investigations with
respect to Korea, Russia, and Ukraine.6
We will issue a final scope decision
after considering any relevant comments
submitted in case and rebuttal briefs.7
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.8
Commerce notes that, in making these
findings, it relied, in part, on facts
available and, because it finds that the
respondent did not act to the best of its
ability to respond to Commerce’s
requests for information, Commerce
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.9 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
In this investigation, Commerce
preliminarily calculated an individual
estimated countervailable subsidy rate
for Iljin Steel Corporation (Iljin), the
only individually examined exporter/
producer in this investigation. Because
the only individually calculated rate is
not zero, de minimis, or based entirely
on facts otherwise available, we are
preliminarily assigning the estimated
countervailable subsidy rate calculated
for Iljin to all other producers and
exporters, pursuant to section
705(c)(5)(A)(i) of the Act.
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Company
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final CVD determination in this
investigation with the final
determination in the companion AD
investigation of seamless pipe from
Korea based on a request made by the
petitioner.10 Consequently, the final
CVD determination will be issued on
the same date as the final AD
determination, which is currently
scheduled to be issued no later than
April 19, 2021, unless postponed.
6 See Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe from the Republic of Korea,
the Russian Federation, and Ukraine:
Postponement of Preliminary Determinations in the
Less-Than-Fair Value Investigations, 85 FR 73687
(November 19, 2020).
7 The deadlines for interested parties to submit
scope case and rebuttal briefs will be established in
the preliminary
scope decision memorandum.
8 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
9 See sections 776(a) and (b) of the Act.
10 See Vallourec Star, LP’s (Petitioner’s) Letter,
‘‘Seamless Carbon and Alloy Steel Standard, Line,
and Pressure Pipe from Korea and Russia: Request
to Align Final Determinations,’’ dated October 15,
2020.
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Fmt 4703
Sfmt 4703
80025
Iljin Steel Corporation ...........
All Others ..............................
Subsidy rate
percent
2.13
2.13 percent
Suspension of Liquidation
In accordance with section
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and
Border Protection (CBP) to suspend
liquidation of entries of subject
merchandise as described in the scope
of the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
Commerce is currently unable to
conduct on-site verification of the
information relied upon in making its
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Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices
final determination in this investigation.
Accordingly, we intend to take
additional steps in lieu of on-site
verification. Commerce will notify
interested parties of any additional
documentation or information required.
jbell on DSKJLSW7X2PROD with NOTICES
Public Comment
As noted above, Commerce will issue
a preliminary scope decision no later
than February 3, 2021. All interested
parties will have the opportunity to
submit case and rebuttal briefs on the
preliminary scope determination by the
deadline established in the
memorandum. All parties filing scope
briefs or rebuttals thereto, must file
identical documents simultaneously on
the records of all the ongoing AD and
CVD seamless pipe investigations. No
new factual information or business
proprietary information may be
included in either scope briefs or
rebuttal scope briefs.
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance. Interested parties will be
notified of the deadline for the
submission of such case briefs and
written comments at a later date.
Rebuttal briefs, limited to issues raised
in case briefs, may be submitted no later
than seven days after the deadline date
for case briefs.11 Commerce has
modified certain of its requirements for
serving documents containing business
proprietary information until further
notice.12 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this investigation are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
11 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements); and Temporary
Rule
Modifying AD/CVD Service Requirements Due to
COVID–19, 85 FR 17006, 17007 (March 26, 2020).
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
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23:25 Dec 10, 2020
Jkt 253001
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination. If
Commerce’s final determination is
affirmative, the ITC will make its final
injury determination before the later of
120 days after the date of Commerce’s
preliminary determination or 45 days
after its final determination.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: December 7, 2020.
Jeffrey I. Kessler,
Assistant Secretaryfor Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by the scope of
this investigation is seamless carbon and
alloy steel (other than stainless steel) pipes
and redraw hollows, less than or equal to 16
inches (406.4 mm) in nominal outside
diameter, regardless of wall-thickness,
manufacturing process (e.g., hot-finished or
cold-drawn), end finish (e.g., plain end,
beveled end, upset end, threaded, or
threaded and coupled), or surface finish (e.g.,
bare, lacquered or coated). Redraw hollows
are any unfinished carbon or alloy steel
(other than stainless steel) pipe or ‘‘hollow
profiles’’ suitable for cold finishing
operations, such as cold drawing, to meet the
American Society for Testing and Materials
(ASTM) or American Petroleum Institute
(API) specifications referenced below, or
comparable specifications. Specifically
included within the scope are seamless
carbon and alloy steel (other than stainless
steel) standard, line, and pressure pipes
produced to the ASTM A–53, ASTM A–106,
ASTM A–333, ASTM A–334, ASTM A–589,
ASTM A–795, ASTM A–1024, and the API
5L specifications, or comparable
specifications, and meeting the physical
parameters described above, regardless of
application, with the exception of the
exclusions discussed below.
Specifically excluded from the scope of the
investigation are: (1) All pipes meeting
aerospace, hydraulic, and bearing tubing
specifications, including pipe produced to
the ASTM A–822 standard; (2) all pipes
meeting the chemical requirements of ASTM
A–335, whether finished or unfinished; and
(3) unattached couplings. Also excluded from
the scope of the investigations are all
mechanical, boiler, condenser and heat
exchange tubing, except when such products
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Fmt 4703
Sfmt 4703
conform to the dimensional requirements,
i.e., outside diameter and wall thickness, of
ASTM A–53, ASTM A–106 or API 5L
specifications.
Subject seamless standard, line, and
pressure pipe are normally entered under
Harmonized Tariff Schedule of the United
States (HTSUS) subheadings 7304.19.1020,
7304.19.1030, 7304.19.1045, 7304.19.1060,
7304.19.5020, 7304.19.5050, 7304.31.6050,
7304.39.0016, 7304.39.0020, 7304.39.0024,
7304.39.0028, 7304.39.0032, 7304.39.0036,
7304.39.0040, 7304.39.0044, 7304.39.0048,
7304.39.0052, 7304.39.0056, 7304.39.0062,
7304.39.0068, 7304.39.0072, 7304.51.5005,
7304.51.5060, 7304.59.6000, 7304.59.8010,
7304.59.8015, 7304.59.8020, 7304.59.8025,
7304.59.8030, 7304.59.8035, 7304.59.8040,
7304.59.8045, 7304.59.8050, 7304.59.8055,
7304.59.8060, 7304.59.8065, and
7304.59.8070. The HTSUS subheadings and
specifications are provided for convenience
and customs purposes; the written
description of the scope is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Injury Test
VII. Use of Facts Otherwise Available and
Adverse Inferences
VIII. Subsidies Valuation Information
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2020–27306 Filed 12–10–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Notice To Suspend Applications for
Certification for Printing NOAA
Nautical Charts and Publications
National Ocean Service,
National Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce (DOC).
ACTION: Notice to suspend accepting
new applications for certification for
printing and distribution of NOAA
nautical charts and the United States
Coast Pilot, and to update the public on
digital distribution of NOAA’s products.
AGENCY:
The federal government
ceased printing of paper nautical charts
in April 2014. Since then, the Office of
Coast Survey has successfully
transitioned the printing of paper
nautical charts to the private sector and,
since the Federal Register Notice of
January 2, 2014, has certified more than
three dozen companies to print and sell
NOAA nautical charts and the United
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Pages 80024-80026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27306]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-910]
Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe
from the Republic of Korea: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final Determination With Final
Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of seamless carbon and alloy steel standard, line, and
pressure pipe (seamless pipe) from the Republic of Korea (Korea). The
period of investigation is January 1, 2019 through December 31, 2019.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable December 11, 2020.
FOR FURTHER INFORMATION CONTACT: Moses Song or Natasia Harrison, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-7885 or (202) 482-1240,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended
[[Page 80025]]
(the Act). Commerce published the notice of initiation of this
investigation on August 4, 2020.\1\ On September 2, 2020, Commerce
postponed the preliminary determination of this investigation to
December 7, 2020.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics discussed in the Preliminary
Decision Memorandum is included as Appendix II 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. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. The signed
and electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\1\ See Seamless Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from the Republic of Korea and the Russian Federation:
Initiation of Countervailing Duty Investigations, 85 FR 47170
(August 4, 2020) (Initiation Notice).
\2\ See Seamless Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from the Republic of Korea and the Russian Federation:
Postponement of Preliminary Determinations in the Countervailing
Duty Investigations, 85 FR 54533 (September 2, 2020).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination of the Countervailing Duty Investigation
of Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe
from the Republic of Korea,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are seamless pipe from
Korea. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\ we
set aside a period of time, as stated in the Initiation Notice, for
parties to raise issues regarding product coverage (i.e., scope).\5\ We
received comments concerning the scope of the antidumping duty (AD) and
countervailing duty (CVD) investigations of seamless pipe as it
appeared in the Initiation Notice. We are currently evaluating the
scope comments filed by the interested parties. We intend to issue our
preliminary decision regarding the scope of this and the companion AD
and CVD investigations no later than February 3, 2021, the deadline for
the preliminary determinations in the companion AD investigations with
respect to Korea, Russia, and Ukraine.\6\ We will issue a final scope
decision after considering any relevant comments submitted in case and
rebuttal briefs.\7\
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice, 85 FR at 47171.
\6\ See Seamless Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from the Republic of Korea, the Russian Federation,
and Ukraine: Postponement of Preliminary Determinations in the Less-
Than-Fair Value Investigations, 85 FR 73687 (November 19, 2020).
\7\ The deadlines for interested parties to submit scope case
and rebuttal briefs will be established in the preliminary
scope decision memorandum.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\8\
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\8\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that the respondent did not
act to the best of its ability to respond to Commerce's requests for
information, Commerce drew an adverse inference where appropriate in
selecting from among the facts otherwise available.\9\ For further
information, see ``Use of Facts Otherwise Available and Adverse
Inferences'' in the Preliminary Decision Memorandum.
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\9\ See sections 776(a) and (b) of the Act.
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Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final CVD determination in this investigation with the
final determination in the companion AD investigation of seamless pipe
from Korea based on a request made by the petitioner.\10\ Consequently,
the final CVD determination will be issued on the same date as the
final AD determination, which is currently scheduled to be issued no
later than April 19, 2021, unless postponed.
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\10\ See Vallourec Star, LP's (Petitioner's) Letter, ``Seamless
Carbon and Alloy Steel Standard, Line, and Pressure Pipe from Korea
and Russia: Request to Align Final Determinations,'' dated October
15, 2020.
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
In this investigation, Commerce preliminarily calculated an
individual estimated countervailable subsidy rate for Iljin Steel
Corporation (Iljin), the only individually examined exporter/producer
in this investigation. Because the only individually calculated rate is
not zero, de minimis, or based entirely on facts otherwise available,
we are preliminarily assigning the estimated countervailable subsidy
rate calculated for Iljin to all other producers and exporters,
pursuant to section 705(c)(5)(A)(i) of the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company percent
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Iljin Steel Corporation................................. 2.13
All Others.............................................. 2.13 percent
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Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
Commerce is currently unable to conduct on-site verification of the
information relied upon in making its
[[Page 80026]]
final determination in this investigation. Accordingly, we intend to
take additional steps in lieu of on-site verification. Commerce will
notify interested parties of any additional documentation or
information required.
Public Comment
As noted above, Commerce will issue a preliminary scope decision no
later than February 3, 2021. All interested parties will have the
opportunity to submit case and rebuttal briefs on the preliminary scope
determination by the deadline established in the memorandum. All
parties filing scope briefs or rebuttals thereto, must file identical
documents simultaneously on the records of all the ongoing AD and CVD
seamless pipe investigations. No new factual information or business
proprietary information may be included in either scope briefs or
rebuttal scope briefs.
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Interested parties
will be notified of the deadline for the submission of such case briefs
and written comments at a later date. Rebuttal briefs, limited to
issues raised in case briefs, may be submitted no later than seven days
after the deadline date for case briefs.\11\ Commerce has modified
certain of its requirements for serving documents containing business
proprietary information until further notice.\12\ Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal
briefs in this investigation are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.
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\11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements); and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19, 85 FR
17006, 17007 (March 26, 2020).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If Commerce's final determination is affirmative, the
ITC will make its final injury determination before the later of 120
days after the date of Commerce's preliminary determination or 45 days
after its final determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: December 7, 2020.
Jeffrey I. Kessler,
Assistant Secretaryfor Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by the scope of this investigation is
seamless carbon and alloy steel (other than stainless steel) pipes
and redraw hollows, less than or equal to 16 inches (406.4 mm) in
nominal outside diameter, regardless of wall-thickness,
manufacturing process (e.g., hot-finished or cold-drawn), end finish
(e.g., plain end, beveled end, upset end, threaded, or threaded and
coupled), or surface finish (e.g., bare, lacquered or coated).
Redraw hollows are any unfinished carbon or alloy steel (other than
stainless steel) pipe or ``hollow profiles'' suitable for cold
finishing operations, such as cold drawing, to meet the American
Society for Testing and Materials (ASTM) or American Petroleum
Institute (API) specifications referenced below, or comparable
specifications. Specifically included within the scope are seamless
carbon and alloy steel (other than stainless steel) standard, line,
and pressure pipes produced to the ASTM A-53, ASTM A-106, ASTM A-
333, ASTM A-334, ASTM A-589, ASTM A-795, ASTM A-1024, and the API 5L
specifications, or comparable specifications, and meeting the
physical parameters described above, regardless of application, with
the exception of the exclusions discussed below.
Specifically excluded from the scope of the investigation are:
(1) All pipes meeting aerospace, hydraulic, and bearing tubing
specifications, including pipe produced to the ASTM A-822 standard;
(2) all pipes meeting the chemical requirements of ASTM A-335,
whether finished or unfinished; and (3) unattached couplings. Also
excluded from the scope of the investigations are all mechanical,
boiler, condenser and heat exchange tubing, except when such
products conform to the dimensional requirements, i.e., outside
diameter and wall thickness, of ASTM A-53, ASTM A-106 or API 5L
specifications.
Subject seamless standard, line, and pressure pipe are normally
entered under Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 7304.19.1020, 7304.19.1030, 7304.19.1045,
7304.19.1060, 7304.19.5020, 7304.19.5050, 7304.31.6050,
7304.39.0016, 7304.39.0020, 7304.39.0024, 7304.39.0028,
7304.39.0032, 7304.39.0036, 7304.39.0040, 7304.39.0044,
7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.39.0062,
7304.39.0068, 7304.39.0072, 7304.51.5005, 7304.51.5060,
7304.59.6000, 7304.59.8010, 7304.59.8015, 7304.59.8020,
7304.59.8025, 7304.59.8030, 7304.59.8035, 7304.59.8040,
7304.59.8045, 7304.59.8050, 7304.59.8055, 7304.59.8060,
7304.59.8065, and 7304.59.8070. The HTSUS subheadings and
specifications are provided for convenience and customs purposes;
the written description of the scope is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Injury Test
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Subsidies Valuation Information
IX. Analysis of Programs
X. Recommendation
[FR Doc. 2020-27306 Filed 12-10-20; 8:45 am]
BILLING CODE 3510-DS-P
