Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the Czech Republic: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 83059-83061 [2020-28094]
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Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Notices
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SUMMARY:
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Jennifer Aguinaga,
Designated Federal Officer, United States
Travel and Tourism Advisory Board.
[FR Doc. 2020–28037 Filed 12–18–20; 8:45 am]
BILLING CODE 3510–DR–P
83059
comment on this preliminary
determination.
DATES:
Applicable December 21, 2020.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov at (202) 482–0665,
AD/CVD Operations, 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 this investigation on August
4, 2020.1 Liberty Ostrava A.S. (Liberty
Ostrava) and Moravia Steel A.S.
(Moravia Steel) are the mandatory
respondents in this investigation. For a
complete description of the events that
followed the initiation of this
investigation, 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.
DEPARTMENT OF COMMERCE
Scope of the Investigation
International Trade Administration
The products covered by this
investigation are seamless pipe and
redraw hollows from the Czech
Republic, less than or equal to 16 inches
in nominal outside diameter, regardless
of wall-thickness, manufacturing
process, end finish, or surface finish.
For a full description of the scope of this
investigation, see the ‘‘Scope of the
Investigation,’’ in Appendix I of this
notice.
[A–851–804]
Seamless Carbon and Alloy Steel
Standard, Line, and Pressure Pipe
From the Czech Republic: Preliminary
Affirmative Determination 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 seamless carbon and alloy steel
standard, line, and pressure pipe
(seamless pipe) from the Czech Republic
is being, or is likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation is
July 1, 2019 through June 30, 2020.
Interested parties are invited to
AGENCY:
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1 See Seamless Carbon and Alloy Steel Standard,
Line, and Pressure Pipe from the Czech Republic,
the Republic of Korea, the Russian Federation, and
Ukraine: Initiation of Less-Than-Fair-Value
Investigations, 85 FR 47176 (August 4, 2020)
(Initiation Notice).
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Seamless
Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from the Czech Republic,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
E:\FR\FM\21DEN1.SGM
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83060
Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Notices
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,3 we set aside a
period of time, as stated in the Initiation
Notice, for parties to raise issues
regarding product coverage (i.e., scope).4
We received several comments
concerning 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.5 We will
issue a final scope decision after
considering any relevant comments
submitted in scope case and rebuttal
briefs.6
Methodology
Commerce is conducting this
investigation 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 estimated
weighted-average dumping margins to
the mandatory respondents in this
investigation because neither of the
respondents submitted a response to
Commerce’s antidumping duty
questionnaire. Further, Commerce
preliminarily determines that these
mandatory respondents failed to
cooperate by not acting to the best of
their ability to comply with a request for
information and is using an adverse
inference in selecting from among the
facts otherwise available (i.e., applying
adverse facts available (AFA)) to these
respondents, in accordance with section
776(b) of Act. For a full description of
the methodology underlying our
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Section 733(d)(1)(ii) of the Act
provides that, in the preliminary
determination, Commerce shall
3 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
4 See Initiation Notice, 85 FR at 47176.
5 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).
6 The deadline for interested parties to submit
scope case and rebuttal briefs will be established in
the preliminary scope decision memorandum.
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22:33 Dec 18, 2020
Jkt 253001
determine an estimated all-others rate
for all exporters and producers not
individually investigated in accordance
with section 735(c)(5) of the Act.
Section 735(c)(5)(A) of the Act states
that generally the estimated rate for all
others shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act. The estimated
weighted-average dumping margins in
this preliminary determination were
calculated entirely under section 776 of
the Act. In cases where no weightedaverage dumping margins other than
zero, de minimis, or those determined
entirely under section 776 of the Act
have been established for individually
examined entities, in accordance with
section 735(c)(5)(B) of the Act,
Commerce typically averages the
margins alleged in the petition and
applies the results to all other entities
not individually examined.
In the Petitions,7 the petitioner
calculated two estimated dumping
margins, 50.45 percent and 51.70
percent. Therefore, consistent with our
practice,8 for the all-others rate in this
investigation, we preliminarily assigned
a simple average of the dumping
margins alleged in the Petitions, which
is 51.07 percent.9
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist during
the period July 1, 2019 through June 30,
2020:
Dumping margin
(percent)
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of all entries of
seamless pipe from the Czech Republic,
as described in the ‘‘Scope of the
Investigation’’ in Appendix I, entered,
or withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register.
We will also instruct CBP, pursuant to
section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), to require a cash
deposit equal to the margins indicated
in the chart above. These suspension of
liquidation instructions will remain in
effect until further notice.
Verification
Because the mandatory respondents
in this investigation did not act to the
best of their ability to provide
information requested by Commerce,
and Commerce preliminarily determines
each of the mandatory respondents to be
uncooperative, we will not conduct
verifications.
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with a
preliminary determination within five
days of any public announcement or, if
there is no public announcement,
within five days of the date of
publication of the notice of preliminary
determination in the Federal Register,
in accordance with 19 CFR 351.224(b).
However, because Commerce
preliminarily applied AFA to each of
the mandatory respondents in this
investigation, in accordance with
section 776 of the Act, there are no
calculations to disclose.
Public Comment
As noted above, Commerce will issue
Liberty Ostrava A.S ..............
51.70 a preliminary scope decision no later
Moravia Steel A.S .................
51.70 than February 3, 2021. All interested
All Others ..............................
51.07 parties will have the opportunity to
submit case and rebuttal briefs on the
preliminary scope determination by the
7 See Petitioner’s Letter, ‘‘Petitions for the
deadline established in the
Imposition of Antidumping and Countervailing
memorandum. All parties filing scope
Duties: Seamless Carbon and Alloy Steel Standard,
briefs or rebuttals thereto, must file
Line, and Pressure Pipe from the Czech Republic,
identical documents simultaneously on
the Republic of Korea, Russia, and Ukraine,’’ dated
July 8, 2020 (Petitions) at Volume IV; see also AD
the records of all the ongoing AD and
Investigation Initiation Checklist: Seamless Carbon
CVD seamless pipe investigations. No
and Alloy Steel Standard, Line, and Pressure Pipe
new factual information or business
from the Czech Republic (July 28, 2020) (Initiation
proprietary information may be
Checklist).
8 See, e.g., Notice of Final Determination of Sales
included in either scope briefs or
at Less Than Fair Value: Sodium Nitrite from the
rebuttal scope briefs.
Federal Republic of Germany, 73 FR 38986, 38987
Interested parties are invited to
(July 8, 2008), and accompanying Issues and
comment on this preliminary
Decision Memorandum at Comment 2.
determination no later than 30 days
9 See Petitions at Volume IV and Initiation
Checklist.
after the date of publication of this
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Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Notices
preliminary determination.10 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 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this proceeding 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
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: (1) The
party’s name, address, and telephone
number; (2) the number of participants
and whether any participant is a foreign
national; and (3) 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.
An electronically filed document
must be received successfully in its
entirety by ACCESS by 5:00 p.m.
Eastern Time on the established
deadline. Commerce has modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.12
Final Determination
Section 735(a)(1) of the Act and 19
CFR 351.210(b)(1) provide that
Commerce will issue the final
determination within 75 days after the
date of its preliminary determination.
Accordingly, Commerce will make its
final determination no later than 75
days after the signature date of this
preliminary determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
our affirmative preliminary
determination. If our final
determination is affirmative, the ITC
will determine before the later of 120
10 See 19 CFR 351.309(c)(1)(i); see also 19 CFR
351.303 (for general filing requirements).
11 See 19 CFR 351.309(d); see also 19 CFR
351.303 (for general filing requirements).
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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22:33 Dec 18, 2020
Jkt 253001
days after the date of this preliminary
determination or 45 days after our final
determination whether these imports
are materially injuring, or threaten
material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: December 15, 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 investigation 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,
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83061
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 Investigation
V. Application of Facts Available, Use of
Adverse Inference, and Calculation of
All-Others Rate
VI. Recommendation
[FR Doc. 2020–28094 Filed 12–18–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA692]
Pacific Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The Pacific Fishery
Management Council’s (Pacific Council)
Groundfish Management Team (GMT)
will hold a week-long work session that
is open to the public.
DATES: The GMT meeting will be held
Monday, January 11 through Friday,
January 15, 2021, from 9 a.m., Pacific
Standard Time, until business for each
day has been completed.
ADDRESSES: This meeting will be held
online. Specific meeting information,
including directions on how to join the
meeting and system requirements will
be provided in the meeting
announcement on the Pacific Council’s
website (see www.pcouncil.org). You
may send an email to Mr. Kris
Kleinschmidt (kris.kleinschmidt@
noaa.gov) or contact him at (503) 820–
2412 for technical assistance.
Council address: Pacific Fishery
Management Council, 7700 NE
Ambassador Place, Suite 101, Portland,
OR 97220–1384.
FOR FURTHER INFORMATION CONTACT: Mr.
Todd Phillips, Pacific Council, (503)
820–2426.
SUPPLEMENTARY INFORMATION: The
primary purpose of this week-long work
SUMMARY:
E:\FR\FM\21DEN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Notices]
[Pages 83059-83061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28094]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-851-804]
Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe
From the Czech Republic: Preliminary Affirmative Determination of Sales
at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that seamless carbon and alloy steel standard, line, and pressure pipe
(seamless pipe) from the Czech Republic is being, or is likely to be,
sold in the United States at less than fair value (LTFV). The period of
investigation is July 1, 2019 through June 30, 2020. Interested parties
are invited to comment on this preliminary determination.
DATES: Applicable December 21, 2020.
FOR FURTHER INFORMATION CONTACT: Dmitry Vladimirov at (202) 482-0665,
AD/CVD Operations, 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 this investigation
on August 4, 2020.\1\ Liberty Ostrava A.S. (Liberty Ostrava) and
Moravia Steel A.S. (Moravia Steel) are the mandatory respondents in
this investigation. For a complete description of the events that
followed the initiation of this investigation, 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.
---------------------------------------------------------------------------
\1\ See Seamless Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from the Czech Republic, the Republic of Korea, the
Russian Federation, and Ukraine: Initiation of Less-Than-Fair-Value
Investigations, 85 FR 47176 (August 4, 2020) (Initiation Notice).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe
from the Czech Republic,'' 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 and
redraw hollows from the Czech Republic, less than or equal to 16 inches
in nominal outside diameter, regardless of wall-thickness,
manufacturing process, end finish, or surface finish. For a full
description of the scope of this investigation, see the ``Scope of the
Investigation,'' in Appendix I of this notice.
[[Page 83060]]
Scope Comments
In accordance with the Preamble to Commerce's regulations,\3\ we
set aside a period of time, as stated in the Initiation Notice, for
parties to raise issues regarding product coverage (i.e., scope).\4\ We
received several comments concerning 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.\5\
We will issue a final scope decision after considering any relevant
comments submitted in scope case and rebuttal briefs.\6\
---------------------------------------------------------------------------
\3\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\4\ See Initiation Notice, 85 FR at 47176.
\5\ 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).
\6\ The deadline 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 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 estimated weighted-
average dumping margins to the mandatory respondents in this
investigation because neither of the respondents submitted a response
to Commerce's antidumping duty questionnaire. Further, Commerce
preliminarily determines that these mandatory respondents failed to
cooperate by not acting to the best of their ability to comply with a
request for information and is using an adverse inference in selecting
from among the facts otherwise available (i.e., applying adverse facts
available (AFA)) to these respondents, in accordance with section
776(b) of Act. For a full description of the methodology underlying our
preliminary determination, see the Preliminary Decision Memorandum.
All-Others Rate
Section 733(d)(1)(ii) of the Act provides that, in the preliminary
determination, Commerce shall determine an estimated all-others rate
for all exporters and producers not individually investigated in
accordance with section 735(c)(5) of the Act. Section 735(c)(5)(A) of
the Act states that generally the estimated rate for all others shall
be an amount equal to the weighted average of the estimated weighted-
average dumping margins established for exporters and producers
individually investigated, excluding any zero and de minimis margins,
and any margins determined entirely under section 776 of the Act. The
estimated weighted-average dumping margins in this preliminary
determination were calculated entirely under section 776 of the Act. In
cases where no weighted-average dumping margins other than zero, de
minimis, or those determined entirely under section 776 of the Act have
been established for individually examined entities, in accordance with
section 735(c)(5)(B) of the Act, Commerce typically averages the
margins alleged in the petition and applies the results to all other
entities not individually examined.
In the Petitions,\7\ the petitioner calculated two estimated
dumping margins, 50.45 percent and 51.70 percent. Therefore, consistent
with our practice,\8\ for the all-others rate in this investigation, we
preliminarily assigned a simple average of the dumping margins alleged
in the Petitions, which is 51.07 percent.\9\
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\7\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties: Seamless Carbon and Alloy
Steel Standard, Line, and Pressure Pipe from the Czech Republic, the
Republic of Korea, Russia, and Ukraine,'' dated July 8, 2020
(Petitions) at Volume IV; see also AD Investigation Initiation
Checklist: Seamless Carbon and Alloy Steel Standard, Line, and
Pressure Pipe from the Czech Republic (July 28, 2020) (Initiation
Checklist).
\8\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 38986, 38987 (July 8, 2008), and accompanying Issues
and Decision Memorandum at Comment 2.
\9\ See Petitions at Volume IV and Initiation Checklist.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist during the period July 1, 2019
through June 30, 2020:
------------------------------------------------------------------------
Dumping margin
Exporter/producer (percent)
------------------------------------------------------------------------
Liberty Ostrava A.S..................................... 51.70
Moravia Steel A.S....................................... 51.70
All Others.............................................. 51.07
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of all entries of seamless pipe from the Czech Republic, as described
in the ``Scope of the Investigation'' in Appendix I, entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register.
We will also instruct CBP, pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), to require a cash deposit equal to the
margins indicated in the chart above. These suspension of liquidation
instructions will remain in effect until further notice.
Verification
Because the mandatory respondents in this investigation did not act
to the best of their ability to provide information requested by
Commerce, and Commerce preliminarily determines each of the mandatory
respondents to be uncooperative, we will not conduct verifications.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA
to each of the mandatory respondents in this investigation, in
accordance with section 776 of the Act, there are no calculations to
disclose.
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.
Interested parties are invited to comment on this preliminary
determination no later than 30 days after the date of publication of
this
[[Page 83061]]
preliminary determination.\10\ 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\ Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit case briefs or rebuttal briefs in this
proceeding 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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\10\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\11\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general
filing requirements).
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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 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:
(1) The party's name, address, and telephone number; (2) the number of
participants and whether any participant is a foreign national; and (3)
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.
An electronically filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline. Commerce has modified certain of its requirements for serving
documents containing business proprietary information, until further
notice.\12\
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\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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Final Determination
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
Commerce will issue the final determination within 75 days after the
date of its preliminary determination. Accordingly, Commerce will make
its final determination no later than 75 days after the signature date
of this preliminary determination.
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of our affirmative preliminary
determination. If our final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after our final determination
whether these imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: December 15, 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 investigation 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 Investigation
V. Application of Facts Available, Use of Adverse Inference, and
Calculation of All-Others Rate
VI. Recommendation
[FR Doc. 2020-28094 Filed 12-18-20; 8:45 am]
BILLING CODE 3510-DS-P
