Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the Russian Federation: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 80007-80009 [2020-27307]
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Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Final Determination of Critical
Circumstances
IV. Use of Adverse Facts Available
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Analysis of Comments
Comment 1: Application of Total Adverse
Facts Available (AFA) to Guney Celik
Hasir ve Demir (Guney Celik)
Comment 2: Application of AFA to Certain
Guney Celik Programs
Comment 3: Correct Numerator for the Tax
Reduction RIIS Regional Investment
Incentive Scheme (RIIS) Program
Comment 4: Allocation or Expense of
Certain Grant Program Benefits for
Guney Celik
Comment 5: Application of AFA to the
Property Tax Exemption Program for
Guney Celik
Comment 6: Application of AFA to Celik
Halat ve Tel San A.S. (Celik Halat)
VIII. Recommendation
[FR Doc. 2020–27310 Filed 12–10–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–821–827]
Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe
From the Russian Federation:
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 Russian
Federation (Russia). 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:
Caitlin Monks, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2670, respectively.
SUPPLEMENTARY INFORMATION:
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AGENCY:
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Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(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
Russia. 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
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 Affirmative Preliminary Determination in the
Countervailing Duty Investigation of Seamless
Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from the Russian Federation,’’ 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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80007
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 Russia, the Republic of Korea,
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.
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
Russia based on a request made by the
petitioner.10 Consequently, the final
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 (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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80008
Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices
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.
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 PAO TMK/Volzhsky Pipe Plant
JSC,11 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 TMK to all other
producers and exporters, pursuant to
section 705(c)(5)(A)(i) of the Act.
Preliminary Determination
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Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
11 Commerce selected ‘‘TMK’’ and ‘‘TMK
Volzhsky’’ as mandatory respondents. The TMK
Group subsequently submitted a questionnaire
response on behalf of both companies, explaining
that they are cross-owned members of the TMK
Group. The TMK Group also clarified that its
registered names include: ‘‘PAO TMK’’ and
‘‘Volzhsky Pipe Plant JSC.’’ The TMK Group refers
to a group of companies involved in the production,
sale, and distribution of subject merchandise which
meet the definition of cross-ownership pursuant to
19 CFR 351.525(b)(6). As discussed in the
Preliminary Decision Memorandum, we
preliminarily determine that the cross-owned
companies comprising the TMK Group during the
POI are: PAO TMK; Volzhsky Pipe Plant JSC;
Sinarsky Pipe Plant; Taganrog Metallurgical Plant
Joint Stock Company; Sinarsky Pipe Plant Joint
Stock Company; Seversky Pipe Plant Joint Stock
Company; TMK CHERMET LLC; TMK CHERMET
LLC Volzhsky; TMK CHERMET LLC Ekaterinburg;
TMK CHERMET LLC Rostov; TMK CHERMET LLC
Saratov; and TMK CHERMET LLC Service.
12 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
companies to be cross-owned with PAO TMK and
Volzhsky Pipe Plant Joint Stock Company: Sinarsky
Pipe Plant; Taganrog Metallurgical Plant Joint Stock
Company; Sinarsky Pipe Plant Joint Stock
Company; Seversky Pipe Plant Joint Stock
Company; TMK CHERMET LLC; TMK CHERMET
LLC Volzhsky; TMK CHERMET LLC Ekaterinburg;
TMK CHERMET LLC Rostov; TMK CHERMET LLC
Saratov; and TMK CHERMET LLC Service.
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23:25 Dec 10, 2020
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Rebuttal briefs, limited to issues raised
in case briefs, may be submitted no later
than seven days after the deadline date
PAO TMK/Volzhsky Pipe
for case briefs.13 Commerce has
Plant Joint Stock Company 12 ...............................
4.39 modified certain of its requirements for
All Others ..............................
4.39 serving documents containing business
proprietary information until further
notice.14 Pursuant to 19 CFR
Suspension of Liquidation
351.309(c)(2) and (d)(2), parties who
In accordance with section
submit case briefs or rebuttal briefs in
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and this investigation are encouraged to
submit with each argument: (1) A
Border Protection (CBP) to suspend
statement of the issue; (2) a brief
liquidation of entries of subject
summary of the argument; and (3) a
merchandise as described in the scope
table of authorities.
of the investigation section entered, or
withdrawn from warehouse, for
Pursuant to 19 CFR 351.310(c),
consumption on or after the date of
interested parties who wish to request a
publication of this notice in the Federal hearing, limited to issues raised in the
Register. Further, pursuant to 19 CFR
case and rebuttal briefs, must submit a
351.205(d), Commerce will instruct CBP written request to the Assistant
to require a cash deposit equal to the
Secretary for Enforcement and
rates indicated above.
Compliance, U.S. Department of
Commerce within 30 days after the date
Disclosure
of publication of this notice. Requests
Commerce intends to disclose its
should contain the party’s name,
calculations and analysis performed to
address, and telephone number, the
interested parties in this preliminary
number of participants, whether any
determination within five days of its
participant is a foreign national, and a
public announcement, or if there is no
list of the issues to be discussed. If a
public announcement, within five days
request for a hearing is made, Commerce
of the date of this notice in accordance
intends to hold the hearing at a time and
with 19 CFR 351.224(b).
date to be determined. Parties should
Verification
confirm by telephone the date, time, and
Commerce is currently unable to
location of the hearing two days before
conduct on-site verification of the
the scheduled date.
information relied upon in making its
final determination in this investigation. International Trade Commission
Notification
Accordingly, we intend to take
additional steps in lieu of on-site
In accordance with section 703(f) of
verification. Commerce will notify
the
Act, Commerce will notify the
interested parties of any additional
documentation or information required. International Trade Commission (ITC) of
its preliminary determination. If
Public Comment
Commerce’s final determination is
As noted above, Commerce will issue affirmative, the ITC will make its final
injury determination before the later of
a preliminary scope decision no later
than February 3, 2021. All interested
120 days after the date of Commerce’s
parties will have the opportunity to
preliminary determination or 45 days
submit case and rebuttal briefs on the
after its final determination.
preliminary scope determination by the
Notification to Interested Parties
deadline established in the
memorandum. All parties filing scope
This determination is issued and
briefs or rebuttals thereto, must file
published pursuant to sections 703(f)
identical documents simultaneously on
and 777(i) of the Act and 19 CFR
the records of all the ongoing AD and
351.205(c).
CVD seamless pipe investigations. No
new factual information or business
proprietary information may be
included in either scope briefs or
rebuttal scope briefs.
13 See 19 CFR 351.309; see also 19 CFR 351.303
Case briefs or other written comments
(for
general filing requirements); see also
may be submitted to the Assistant
Temporary Rule Modifying AD/CVD Service
Secretary for Enforcement and
Requirements Due to COVID–19, 85 FR 17006,
Compliance. Interested parties will be
17007 (March 26, 2020).
notified of the deadline for the
14 See Temporary Rule Modifying AD/CVD
submission of such case briefs and
Service Requirements Due to COVID–19; Extension
written comments at a later date.
of Effective Period, 85 FR 41363 (July 10, 2020).
Company
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Subsidy rate
(percent)
Sfmt 4703
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Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices
Dated: December 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix II
Appendix I
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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.
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23:25 Dec 10, 2020
Jkt 253001
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Alignment
VII. Injury Test
VIII. Subsidies Valuation
IX. Benchmarks and Interest Rates
X. Analysis of Programs
XI. Recommendation
[FR Doc. 2020–27307 Filed 12–10–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–893–001, A–400–001]
Silicon Metal From Bosnia and
Herzegovina and Iceland: Preliminary
Affirmative Determinations of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that silicon metal from Bosnia and
Herzegovina (Bosnia) and Iceland is
being, or is likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is April 1, 2019 through March 31,
2020. The estimated margins of sales at
LTFV are shown in the ‘‘Preliminary
Determinations’’ section of this notice.
Interested parties are invited to
comment on these preliminary
determinations.
AGENCY:
DATES:
Applicable December 11, 2020.
FOR FURTHER INFORMATION CONTACT:
Robert Galantucci at (202) 482–2923
(Bosnia); and Emily Halle at (202) 482–
0176 (Iceland), Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the notice of
initiation of these investigations on July
27, 2020.1 R–S Silicon D.O.O. (R–S
Silicon) is the sole mandatory
respondent in the investigation covering
silicon metal from Bosnia; PCC Bakki
Silicon hf (PCC Bakki) is the sole
1 See Silicon Metal from Bosnia and Herzegovina,
Iceland, and Malaysia: Initiation of Less-Than-FairValue Investigations, 85 FR 45177 (July 27, 2020)
(Initiation Notice).
PO 00000
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Sfmt 4703
80009
mandatory respondent in the
investigation covering silicon metal
from Iceland. For a complete
description of the events that followed
the initiation of these investigations, see
the Preliminary Decision
Memorandum.2 A list of topics included
in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is made available to the
public 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 the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigations
The product covered by these
investigations is silicon metal. For a full
description of the scope of these
investigations, see the ‘‘Scope of the
Investigations,’’ in Appendix I of this
notice. Scope Comments
In accordance with the Preamble to
Commerce’s regulations,3 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).4 However,
Commerce received no comments on the
scope of these investigations from
interested parties.
Methodology
Commerce is conducting these
investigations in accordance with
section 731 of the Tariff Act of 1930, as
amended (the Act). Pursuant to sections
776(a) and (b) of the Act, Commerce has
preliminarily relied upon facts
otherwise available to assign dumping
margins to R–S Silicon and PCC Bakki
in these investigations because neither
respondent submitted a response to
Commerce’s antidumping duty
questionnaire. Further, Commerce is
preliminarily determining that R–S
Silicon and PCC Bakki failed to
cooperate by not acting to the best of
their abilities to comply with a request
for information and is using an adverse
inference when selecting from among
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determinations in the Less-ThanFair-Value Investigations of Silicon Metal from
Bosnia and Herzegovina and Iceland,’’ dated
concurrently with, and hereby adopted by, this
notice.
3 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
4 See Initiation Notice, 85 FR at 45177.
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]]>Agencies
[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Pages 80007-80009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27307]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-821-827]
Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe
From the Russian Federation: 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 Russian Federation (Russia). 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: Caitlin Monks, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2670, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (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 Affirmative
Preliminary Determination in the Countervailing Duty Investigation
of Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe
from the Russian Federation,'' 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
Russia. 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 Russia, the Republic of Korea, 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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\9\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
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 Russia based on a request made by the petitioner.\10\
Consequently, the final
[[Page 80008]]
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 (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 PAO TMK/Volzhsky
Pipe Plant JSC,\11\ 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 TMK to all other producers and exporters, pursuant
to section 705(c)(5)(A)(i) of the Act.
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\11\ Commerce selected ``TMK'' and ``TMK Volzhsky'' as mandatory
respondents. The TMK Group subsequently submitted a questionnaire
response on behalf of both companies, explaining that they are
cross-owned members of the TMK Group. The TMK Group also clarified
that its registered names include: ``PAO TMK'' and ``Volzhsky Pipe
Plant JSC.'' The TMK Group refers to a group of companies involved
in the production, sale, and distribution of subject merchandise
which meet the definition of cross-ownership pursuant to 19 CFR
351.525(b)(6). As discussed in the Preliminary Decision Memorandum,
we preliminarily determine that the cross-owned companies comprising
the TMK Group during the POI are: PAO TMK; Volzhsky Pipe Plant JSC;
Sinarsky Pipe Plant; Taganrog Metallurgical Plant Joint Stock
Company; Sinarsky Pipe Plant Joint Stock Company; Seversky Pipe
Plant Joint Stock Company; TMK CHERMET LLC; TMK CHERMET LLC
Volzhsky; TMK CHERMET LLC Ekaterinburg; TMK CHERMET LLC Rostov; TMK
CHERMET LLC Saratov; and TMK CHERMET LLC Service.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
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\12\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
PAO TMK and Volzhsky Pipe Plant Joint Stock Company: Sinarsky Pipe
Plant; Taganrog Metallurgical Plant Joint Stock Company; Sinarsky
Pipe Plant Joint Stock Company; Seversky Pipe Plant Joint Stock
Company; TMK CHERMET LLC; TMK CHERMET LLC Volzhsky; TMK CHERMET LLC
Ekaterinburg; TMK CHERMET LLC Rostov; TMK CHERMET LLC Saratov; and
TMK CHERMET LLC Service.
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Subsidy rate
Company (percent)
------------------------------------------------------------------------
PAO TMK/Volzhsky Pipe Plant Joint Stock Company \12\.... 4.39
All Others.............................................. 4.39
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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 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.\13\ Commerce has modified
certain of its requirements for serving documents containing business
proprietary information until further notice.\14\ 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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\13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements); see also Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March 26,
2020).
\14\ 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).
[[Page 80009]]
Dated: December 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for 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. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Alignment
VII. Injury Test
VIII. Subsidies Valuation
IX. Benchmarks and Interest Rates
X. Analysis of Programs
XI. Recommendation
[FR Doc. 2020-27307 Filed 12-10-20; 8:45 am]
BILLING CODE 3510-DS-P
