80_FR_29719 80 FR 29620 - Welded Line Pipe From the Republic of Korea: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination

80 FR 29620 - Welded Line Pipe From the Republic of Korea: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 99 (May 22, 2015)

Page Range29620-29622
FR Document2015-12523

The Department of Commerce (Department) preliminarily determines that welded line pipe from the Republic of Korea (Korea) is being, or is likely to be, sold in the United States at less than fair value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The period of investigation (POI) is October 1, 2013, through September 30, 2014. The estimated weighted-average dumping margins of sales at LTFV are shown in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 80 Issue 99 (Friday, May 22, 2015)
[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)]
[Notices]
[Pages 29620-29622]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12523]



[[Page 29620]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-876]


Welded Line Pipe From the Republic of Korea: Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Department) preliminarily 
determines that welded line pipe from the Republic of Korea (Korea) is 
being, or is likely to be, sold in the United States at less than fair 
value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, 
as amended (the Act). The period of investigation (POI) is October 1, 
2013, through September 30, 2014. The estimated weighted-average 
dumping margins of sales at LTFV are shown in the ``Preliminary 
Determination'' section of this notice. Interested parties are invited 
to comment on this preliminary determination.

DATES: Effective date: May 22, 2015.

FOR FURTHER INFORMATION CONTACT: David Goldberger or Katherine Johnson, 
AD/CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4136 or (202) 482-4929, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department initiated this investigation on November 5, 2014. 
For a complete description of the events that followed the initiation 
of this investigation, see the memorandum that is dated concurrently 
with this determination and hereby adopted by this notice.\1\ The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov, 
and to all parties in the Central Records Unit, room 7046 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic version of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \1\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Decision Memorandum for the Preliminary Determination in the 
Antidumping Duty Investigation of Welded Line Pipe from the Republic 
of Korea,'' (Preliminary Decision Memorandum), dated concurrently 
with this notice.
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Scope of the Investigation

    The scope of the investigation covers welded line pipe, which is 
carbon and alloy steel pipe of a kind used for oil and gas pipelines, 
not more than 24 inches in nominal outside diameter. For a complete 
description of the scope of the investigation, see Appendix I.

Scope Comments

    Certain interested parties commented on the scope of the 
investigation as it appeared in the Initiation Notice.\2\ For 
discussion of those comments, see the Preliminary Decision Memorandum.
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    \2\ See Welded Line Pipe from the Republic of Korea and the 
Republic of Turkey: Initiation of Less-Than-Fair-Value 
Investigations, 79 FR 68213 (November 14, 2014) (Initiation Notice).
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Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. There are two respondents participating in this 
investigation, Hyundai HYSCO (HYSCO) and SeAH Steel Corporation (SeAH). 
Export price (EP) and constructed export price (CEP) are calculated in 
accordance with section 772 of the Act. Normal value (NV) is calculated 
in accordance with section 773 of the Act. For a full description of 
the methodology underlying our preliminary conclusions, see the 
Preliminary Decision Memorandum.

All-Others Rate

    Consistent with sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act, 
the Department also calculated an estimated all-others rate. Section 
735(c)(5)(B) of the Act provides that the estimated all-others rate 
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.
    In this investigation, we calculated weighted-average dumping 
margins for both mandatory respondents that are above de minimis and 
which are not based on total facts available. However, because there 
are only two relevant weighted-average dumping margins for these 
preliminary results, using a weighted-average of these two rates risks 
disclosure of business proprietary data. Therefore, the Department 
assigned a margin to the all-others rate companies based on the simple 
average of the two mandatory respondents' rates.\3\
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    \3\ With two respondents, we would normally calculate (A) a 
weighted-average of the dumping margins calculated for the mandatory 
respondents; (B) a simple average of the dumping margins calculated 
for the mandatory respondents; and (C) a weighted-average of the 
dumping margins calculated for the mandatory respondents using each 
company's publicly-ranged values for the merchandise under 
consideration. We would compare (B) and (C) to (A) and select the 
rate closest to (A) as the most appropriate rate for all other 
companies. See Ball Bearings and Parts Thereof From France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010). In this case, however, we do not have complete 
publicly ranged quantities for SeAH on the record to properly 
conduct this comparison. Therefore, we are using a simple-average of 
the dumping margins calculated for the mandatory respondents as the 
all-other's rate for this preliminary determination, and we intend 
to ask SeAH to provide a complete publicly ranged summary of its 
U.S. sales quantities for consideration in the final determination.
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Preliminary Determination

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter/manufacturer                       dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Hyundai HYSCO...............................................        2.52
SeAH Steel Corporation......................................        2.67
All Others..................................................        2.60
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we are directing 
U.S. Customs and Border Protection (CBP) to suspend liquidation of all 
entries of welded line pipe from Korea, as described in the scope of 
the investigation section of this notice, which are entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register.
    In accordance with 19 CFR 351.205(d), we will instruct CBP to 
require a cash deposit equal to the weighted-average amount by which 
the NV exceeds the U.S. price, as indicated in the chart above. Our 
longstanding practice, where the product under investigation is also 
subject to a concurrent countervailing duty investigation, is to 
subtract the amount of countervailing duty determined to constitute an 
export subsidy from the amount by which NV exceeds U.S.

[[Page 29621]]

price.\4\ In this case, although the product under investigation is 
also subject to a countervailing duty investigation, the Department 
preliminarily found no countervailing duty determined to constitute an 
export subsidy.\5\ Therefore, we have not offset the cash deposit rates 
shown above for purposes of this preliminary determination.
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    \4\ See, e.g., Notice of Final Determination of Sales at Less 
Than Fair Value: Carbazole Violet Pigment 23 From India, 69 FR 
67306, 67307 (November 17, 2004); and Notice of Final Determination 
of Sales at Less Than Fair Value and Negative Critical Circumstances 
Determination: Bottom Mount Combination Refrigerator-Freezers From 
the Republic of Korea, 77 FR 17413 (March 26, 2012).
    \5\ See Welded Line Pipe From the Republic of Korea: Preliminary 
Negative Countervailing Duty Determination and Alignment of Final 
Determination with Final Antidumping Duty Determination, 80 FR 14907 
(March 20, 2015), and accompanying Decision Memorandum.
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Disclosure

    We will disclose the calculations performed to interested parties 
in this proceeding within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i) of the Act, we intend to verify 
information relied upon in making our final determination.

Public Comment

    Interested parties are invited to comment on this preliminary 
determination. Case briefs or other written comments may be submitted 
to the Assistant Secretary for Enforcement and Compliance no later than 
seven days after the date on which the final verification report is 
issued in this proceeding, and rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than five days after 
the deadline date for case briefs.\6\ 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.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.309.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce. All documents must be filed 
electronically using ACCESS. An electronically-filed request must be 
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern 
Standard Time, within 30 days after the date of publication of this 
notice.\7\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230, 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.
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    \7\ See 19 CFR 351.310(c).
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Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. 19 CFR 351.210(e)(2) requires that requests by 
respondents for postponement of a final antidumping determination be 
accompanied by a request for extension of provisional measures from a 
four-month period to a period not more than six months in duration.
    Certain of the petitioners \8\ requested that, in the event of a 
negative preliminary determination, the Department postpone its final 
determination to 135 days after the date of publication of the 
preliminary determination.\9\ In addition, both HYSCO and SeAH 
requested that, in the event of an affirmative preliminary 
determination in this investigation, the Department postpone its final 
determination and agreed to extend the application of the provisional 
measures prescribed under section 733(d) of the Act and 19 CFR 
351.210(e)(2), from a four-month period to a period not to exceed six 
months.\10\
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    \8\ These companies include American Cast Iron Pipe Company, 
Energex Tube, a division of JMC Steel Group, Northwest Pipe Company, 
Stupp Corporation, a division of Stupp Bros., Inc., Tex-Tube 
Company, TMK IPSCO, and Welspun Tubular LLC USA (collectively, the 
petitioners).
    \9\ See Letter from the petitioners, ``Line Pipe From Korea: 
Contingent Request for Postponement of Final Determination,'' dated 
April 23, 2015.
    \10\ See Letter from HYSCO, ``Welded Line Pipe from Korea: 
Request to Postpone the Final Determination,'' dated May 7, 2015; 
and Letter from SeAH, ``Antidumping Investigation of Welded Line 
Pipe from Korea-Request to Extend Deadline for Final 
Determination,'' dated May 8, 2015.
---------------------------------------------------------------------------

    In accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because (1) our preliminary determination is 
affirmative; (2) the requesting exporters account for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, we are postponing the final determination and 
extending the provisional measures from a four-month period to a period 
not greater than six months. Accordingly, we will make our final 
determination no later than 135 days after the date of publication of 
this preliminary determination, pursuant to section 735(a)(2) of the 
Act.\11\
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    \11\ See also 19 CFR 351.210(e).
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International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, we have notified the 
ITC of our affirmative preliminary determination of sales at LTFV. 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.
    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: May 14, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The merchandise covered by this investigation is circular welded 
carbon and alloy steel (other than stainless steel) pipe of a kind 
used for oil or gas pipelines (welded line pipe), not more than 24 
inches in nominal outside diameter, regardless of wall thickness, 
length, surface finish, end finish, or stenciling. Welded line pipe 
is normally produced to the American Petroleum Institute (API) 
specification 5L, but can be produced to comparable foreign 
specifications, to proprietary grades, or can be non-graded 
material. All pipe meeting the physical description set forth above, 
including multiple-stenciled pipe with an API or comparable foreign 
specification line pipe stencil is covered by the scope of this 
investigation.
    The welded line pipe that is subject to this investigation is 
currently classifiable in the Harmonized Tariff Schedule of the 
United States (HTSUS) under subheadings 7305.11.1030, 7305.11.5000, 
7305.12.1030, 7305.12.5000, 7305.19.1030, 7305.19.5000, 
7306.19.1010, 7306.19.1050, 7306.19.5110, and 7306.19.5150. The 
subject merchandise may also enter in HTSUS 7305.11.1060 and 
7305.12.1060. While the HTSUS subheadings

[[Page 29622]]

are provided for convenience and customs purposes, the written 
description of the scope of this investigation is dispositive.

Appendix II--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Summary
2. Background
3. Period of Investigation
4. Postponement of Final Determination and Extension of Provisional 
Measures
5. Scope Comments
6. Discussion of Methodology
    a. Determination of the Comparison Method
    b. Results of the Differential Pricing Analysis
7. Date of Sale
8. Product Comparisons
9. Export Price and Constructed Export Price
10. Normal Value
    a. Comparison Market Viability
    b. Affiliated-Party Transactions and Arm's-Length Test
    c. Level of Trade
    d. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    e. Calculation of NV Based on Comparison Market Prices
    f. Calculation of NV Based on CV
11. Currency Conversion
12. Conclusion

[FR Doc. 2015-12523 Filed 5-21-15; 8:45 am]
BILLING CODE 3510-DS-P



                                                    29620                            Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices

                                                    DEPARTMENT OF COMMERCE                                  Commerce building. In addition, a                     weighted-average of these two rates
                                                                                                            complete version of the Preliminary                   risks disclosure of business proprietary
                                                    International Trade Administration                      Decision Memorandum can be found at                   data. Therefore, the Department
                                                    [A–580–876]                                             http://enforcement.trade.gov/frn/. The                assigned a margin to the all-others rate
                                                                                                            signed Preliminary Decision                           companies based on the simple average
                                                    Welded Line Pipe From the Republic of                   Memorandum and the electronic                         of the two mandatory respondents’
                                                    Korea: Preliminary Determination of                     version of the Preliminary Decision                   rates.3
                                                    Sales at Less Than Fair Value and                       Memorandum are identical in content.
                                                                                                                                                                  Preliminary Determination
                                                    Postponement of Final Determination                     Scope of the Investigation                              The Department preliminarily
                                                    AGENCY:   Enforcement and Compliance,                      The scope of the investigation covers              determines that the following weighted-
                                                    International Trade Administration,                     welded line pipe, which is carbon and                 average dumping margins exist:
                                                    Department of Commerce.                                 alloy steel pipe of a kind used for oil
                                                    SUMMARY: The Department of Commerce                     and gas pipelines, not more than 24                                                                     Weighted-
                                                    (Department) preliminarily determines                   inches in nominal outside diameter. For                                                                  average
                                                                                                                                                                         Exporter/manufacturer                      dumping
                                                    that welded line pipe from the Republic                 a complete description of the scope of                                                                    margin
                                                    of Korea (Korea) is being, or is likely to              the investigation, see Appendix I.                                                                      (percent)
                                                    be, sold in the United States at less than
                                                                                                            Scope Comments                                        Hyundai HYSCO .........................                2.52
                                                    fair value (LTFV), as provided in section
                                                    733(b) of the Tariff Act of 1930, as                      Certain interested parties commented                SeAH Steel Corporation .............                   2.67
                                                    amended (the Act). The period of                        on the scope of the investigation as it               All Others ....................................        2.60
                                                    investigation (POI) is October 1, 2013,                 appeared in the Initiation Notice.2 For
                                                    through September 30, 2014. The                         discussion of those comments, see the                 Suspension of Liquidation
                                                    estimated weighted-average dumping                      Preliminary Decision Memorandum.                        In accordance with section 733(d)(2)
                                                    margins of sales at LTFV are shown in                   Methodology                                           of the Act, we are directing U.S.
                                                    the ‘‘Preliminary Determination’’                                                                             Customs and Border Protection (CBP) to
                                                    section of this notice. Interested parties                The Department is conducting this                   suspend liquidation of all entries of
                                                    are invited to comment on this                          investigation in accordance with section              welded line pipe from Korea, as
                                                    preliminary determination.                              731 of the Act. There are two                         described in the scope of the
                                                                                                            respondents participating in this                     investigation section of this notice,
                                                    DATES: Effective date: May 22, 2015.
                                                                                                            investigation, Hyundai HYSCO                          which are entered, or withdrawn from
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                            (HYSCO) and SeAH Steel Corporation                    warehouse, for consumption on or after
                                                    David Goldberger or Katherine Johnson,                  (SeAH). Export price (EP) and
                                                    AD/CVD Operations, Office II,                                                                                 the date of publication of this notice in
                                                                                                            constructed export price (CEP) are                    the Federal Register.
                                                    Enforcement and Compliance,                             calculated in accordance with section
                                                    International Trade Administration,                                                                             In accordance with 19 CFR
                                                                                                            772 of the Act. Normal value (NV) is                  351.205(d), we will instruct CBP to
                                                    U.S. Department of Commerce, 14th                       calculated in accordance with section
                                                    Street and Constitution Avenue NW.,                                                                           require a cash deposit equal to the
                                                                                                            773 of the Act. For a full description of             weighted-average amount by which the
                                                    Washington, DC 20230; telephone: (202)                  the methodology underlying our
                                                    482–4136 or (202) 482–4929,                                                                                   NV exceeds the U.S. price, as indicated
                                                                                                            preliminary conclusions, see the                      in the chart above. Our longstanding
                                                    respectively.                                           Preliminary Decision Memorandum.                      practice, where the product under
                                                    SUPPLEMENTARY INFORMATION:                                                                                    investigation is also subject to a
                                                                                                            All-Others Rate
                                                    Background                                                                                                    concurrent countervailing duty
                                                                                                              Consistent with sections                            investigation, is to subtract the amount
                                                       The Department initiated this                        733(d)(1)(A)(ii) and 735(c)(5) of the Act,            of countervailing duty determined to
                                                    investigation on November 5, 2014. For                  the Department also calculated an                     constitute an export subsidy from the
                                                    a complete description of the events that               estimated all-others rate. Section                    amount by which NV exceeds U.S.
                                                    followed the initiation of this                         735(c)(5)(B) of the Act provides that the
                                                    investigation, see the memorandum that                  estimated all-others rate shall be an                   3 With two respondents, we would normally
                                                    is dated concurrently with this                         amount equal to the weighted average of               calculate (A) a weighted-average of the dumping
                                                    determination and hereby adopted by                     the estimated weighted-average                        margins calculated for the mandatory respondents;
                                                    this notice.1 The Preliminary Decision                  dumping margins established for                       (B) a simple average of the dumping margins
                                                                                                                                                                  calculated for the mandatory respondents; and (C)
                                                    Memorandum is a public document and                     exporters and producers individually                  a weighted-average of the dumping margins
                                                    is on file electronically via Enforcement               investigated, excluding any zero and de               calculated for the mandatory respondents using
                                                    and Compliance’s Antidumping and                        minimis margins, and any margins                      each company’s publicly-ranged values for the
                                                    Countervailing Duty Centralized                         determined entirely under section 776                 merchandise under consideration. We would
                                                                                                                                                                  compare (B) and (C) to (A) and select the rate closest
                                                    Electronic Service System (ACCESS).                     of the Act.                                           to (A) as the most appropriate rate for all other
                                                    ACCESS is available to registered users                   In this investigation, we calculated                companies. See Ball Bearings and Parts Thereof
                                                    at https://access.trade.gov, and to all                 weighted-average dumping margins for                  From France, Germany, Italy, Japan, and the United
                                                    parties in the Central Records Unit,                    both mandatory respondents that are                   Kingdom: Final Results of Antidumping Duty
                                                                                                                                                                  Administrative Reviews, Final Results of Changed-
                                                    room 7046 of the main Department of                     above de minimis and which are not
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                  Circumstances Review, and Revocation of an Order
                                                                                                            based on total facts available. However,              in Part, 75 FR 53661, 53663 (September 1, 2010).
                                                      1 See Memorandum from Christian Marsh, Deputy
                                                                                                            because there are only two relevant                   In this case, however, we do not have complete
                                                    Assistant Secretary for Antidumping and                 weighted-average dumping margins for                  publicly ranged quantities for SeAH on the record
                                                    Countervailing Duty Operations, to Paul Piquado,                                                              to properly conduct this comparison. Therefore, we
                                                    Assistant Secretary for Enforcement and                 these preliminary results, using a                    are using a simple-average of the dumping margins
                                                    Compliance, ‘‘Decision Memorandum for the                                                                     calculated for the mandatory respondents as the all-
                                                    Preliminary Determination in the Antidumping              2 See Welded Line Pipe from the Republic of         other’s rate for this preliminary determination, and
                                                    Duty Investigation of Welded Line Pipe from the         Korea and the Republic of Turkey: Initiation of       we intend to ask SeAH to provide a complete
                                                    Republic of Korea,’’ (Preliminary Decision              Less-Than-Fair-Value Investigations, 79 FR 68213      publicly ranged summary of its U.S. sales quantities
                                                    Memorandum), dated concurrently with this notice.       (November 14, 2014) (Initiation Notice).              for consideration in the final determination.



                                               VerDate Sep<11>2014   18:19 May 21, 2015   Jkt 235001   PO 00000   Frm 00019   Fmt 4703   Sfmt 4703   E:\FR\FM\22MYN1.SGM     22MYN1


                                                                                      Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices                                                   29621

                                                    price.4 In this case, although the                      after the date of publication of this                       In accordance with section
                                                    product under investigation is also                     notice.7 Requests should contain the                     735(a)(2)(A) of the Act and 19 CFR
                                                    subject to a countervailing duty                        party’s name, address, and telephone                     351.210(b)(2)(ii), because (1) our
                                                    investigation, the Department                           number, the number of participants, and                  preliminary determination is
                                                    preliminarily found no countervailing                   a list of the issues to be discussed. If a               affirmative; (2) the requesting exporters
                                                    duty determined to constitute an export                 request for a hearing is made, the                       account for a significant proportion of
                                                    subsidy.5 Therefore, we have not offset                 Department intends to hold the hearing                   exports of the subject merchandise; and
                                                    the cash deposit rates shown above for                  at the U.S. Department of Commerce,                      (3) no compelling reasons for denial
                                                    purposes of this preliminary                            14th Street and Constitution Avenue                      exist, we are postponing the final
                                                    determination.                                          NW., Washington, DC 20230, at a time                     determination and extending the
                                                                                                            and date to be determined. Parties                       provisional measures from a four-month
                                                    Disclosure
                                                                                                            should confirm by telephone the date,                    period to a period not greater than six
                                                      We will disclose the calculations                     time, and location of the hearing two                    months. Accordingly, we will make our
                                                    performed to interested parties in this                 days before the scheduled date.                          final determination no later than 135
                                                    proceeding within five days of the date                                                                          days after the date of publication of this
                                                    of publication of this notice in                        Postponement of Final Determination
                                                                                                            and Extension of Provisional Measures                    preliminary determination, pursuant to
                                                    accordance with 19 CFR 351.224(b).                                                                               section 735(a)(2) of the Act.11
                                                                                                               Section 735(a)(2) of the Act provides
                                                    Verification                                                                                                     International Trade Commission (ITC)
                                                                                                            that a final determination may be
                                                      As provided in section 782(i) of the                  postponed until not later than 135 days                  Notification
                                                    Act, we intend to verify information                    after the date of the publication of the                    In accordance with section 733(f) of
                                                    relied upon in making our final                         preliminary determination if, in the                     the Act, we have notified the ITC of our
                                                    determination.                                          event of an affirmative preliminary                      affirmative preliminary determination of
                                                    Public Comment                                          determination, a request for such                        sales at LTFV. If our final determination
                                                                                                            postponement is made by exporters who                    is affirmative, the ITC will determine
                                                       Interested parties are invited to                    account for a significant proportion of
                                                    comment on this preliminary                                                                                      before the later of 120 days after the date
                                                                                                            exports of the subject merchandise, or in                of this preliminary determination or 45
                                                    determination. Case briefs or other                     the event of a negative preliminary
                                                    written comments may be submitted to                                                                             days after our final determination
                                                                                                            determination, a request for such                        whether these imports are materially
                                                    the Assistant Secretary for Enforcement                 postponement is made by the petitioner.
                                                    and Compliance no later than seven                                                                               injuring, or threaten material injury to,
                                                                                                            19 CFR 351.210(e)(2) requires that                       the U.S. industry.
                                                    days after the date on which the final                  requests by respondents for
                                                    verification report is issued in this                                                                               This determination is issued and
                                                                                                            postponement of a final antidumping                      published in accordance with sections
                                                    proceeding, and rebuttal briefs, limited                determination be accompanied by a
                                                    to issues raised in case briefs, may be                                                                          733(f) and 777(i)(1) of the Act and 19
                                                                                                            request for extension of provisional                     CFR 351.205(c).
                                                    submitted no later than five days after                 measures from a four-month period to a
                                                    the deadline date for case briefs.6                                                                                Dated: May 14, 2015.
                                                                                                            period not more than six months in
                                                    Pursuant to 19 CFR 351.309(c)(2) and                    duration.                                                Paul Piquado,
                                                    (d)(2), parties who submit case briefs or                  Certain of the petitioners 8 requested                Assistant Secretary for Enforcement and
                                                    rebuttal briefs in this proceeding are                  that, in the event of a negative                         Compliance.
                                                    encouraged to submit with each                          preliminary determination, the                           Appendix I—Scope of the Investigation
                                                    argument: (1) A statement of the issue;                 Department postpone its final
                                                    (2) a brief summary of the argument;                    determination to 135 days after the date                    The merchandise covered by this
                                                    and (3) a table of authorities.                                                                                  investigation is circular welded carbon and
                                                                                                            of publication of the preliminary                        alloy steel (other than stainless steel) pipe of
                                                       Pursuant to 19 CFR 351.310(c),                       determination.9 In addition, both
                                                    interested parties who wish to request a                                                                         a kind used for oil or gas pipelines (welded
                                                                                                            HYSCO and SeAH requested that, in the                    line pipe), not more than 24 inches in
                                                    hearing, or to participate if one is                    event of an affirmative preliminary                      nominal outside diameter, regardless of wall
                                                    requested, must submit a written                        determination in this investigation, the                 thickness, length, surface finish, end finish,
                                                    request to the Assistant Secretary for                  Department postpone its final                            or stenciling. Welded line pipe is normally
                                                    Enforcement and Compliance, U.S.                        determination and agreed to extend the                   produced to the American Petroleum
                                                    Department of Commerce. All                             application of the provisional measures                  Institute (API) specification 5L, but can be
                                                    documents must be filed electronically                  prescribed under section 733(d) of the                   produced to comparable foreign
                                                    using ACCESS. An electronically-filed                   Act and 19 CFR 351.210(e)(2), from a                     specifications, to proprietary grades, or can
                                                    request must be received successfully in                                                                         be non-graded material. All pipe meeting the
                                                                                                            four-month period to a period not to                     physical description set forth above,
                                                    its entirety by ACCESS by 5:00 p.m.                     exceed six months.10
                                                    Eastern Standard Time, within 30 days                                                                            including multiple-stenciled pipe with an
                                                                                                                                                                     API or comparable foreign specification line
                                                                                                              7 See  19 CFR 351.310(c).
                                                      4 See,
                                                                                                                                                                     pipe stencil is covered by the scope of this
                                                             e.g., Notice of Final Determination of Sales     8 These  companies include American Cast Iron
                                                    at Less Than Fair Value: Carbazole Violet Pigment
                                                                                                                                                                     investigation.
                                                                                                            Pipe Company, Energex Tube, a division of JMC               The welded line pipe that is subject to this
                                                    23 From India, 69 FR 67306, 67307 (November 17,         Steel Group, Northwest Pipe Company, Stupp
                                                    2004); and Notice of Final Determination of Sales       Corporation, a division of Stupp Bros., Inc., Tex-       investigation is currently classifiable in the
                                                    at Less Than Fair Value and Negative Critical                                                                    Harmonized Tariff Schedule of the United
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            Tube Company, TMK IPSCO, and Welspun Tubular
                                                    Circumstances Determination: Bottom Mount               LLC USA (collectively, the petitioners).                 States (HTSUS) under subheadings
                                                    Combination Refrigerator-Freezers From the                 9 See Letter from the petitioners, ‘‘Line Pipe From   7305.11.1030, 7305.11.5000, 7305.12.1030,
                                                    Republic of Korea, 77 FR 17413 (March 26, 2012).        Korea: Contingent Request for Postponement of            7305.12.5000, 7305.19.1030, 7305.19.5000,
                                                      5 See Welded Line Pipe From the Republic of
                                                                                                            Final Determination,’’ dated April 23, 2015.             7306.19.1010, 7306.19.1050, 7306.19.5110,
                                                    Korea: Preliminary Negative Countervailing Duty            10 See Letter from HYSCO, ‘‘Welded Line Pipe
                                                                                                                                                                     and 7306.19.5150. The subject merchandise
                                                    Determination and Alignment of Final                    from Korea: Request to Postpone the Final
                                                    Determination with Final Antidumping Duty                                                                        may also enter in HTSUS 7305.11.1060 and
                                                                                                            Determination,’’ dated May 7, 2015; and Letter from
                                                    Determination, 80 FR 14907 (March 20, 2015), and        SeAH, ‘‘Antidumping Investigation of Welded Line
                                                                                                                                                                     7305.12.1060. While the HTSUS subheadings
                                                    accompanying Decision Memorandum.                       Pipe from Korea-Request to Extend Deadline for
                                                      6 See 19 CFR 351.309.                                 Final Determination,’’ dated May 8, 2015.                  11 See   also 19 CFR 351.210(e).



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                                                    29622                            Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices

                                                    are provided for convenience and customs                Avenue NW., Washington, DC 20230;                     made by the Department for this final
                                                    purposes, the written description of the                telephone: (202) 482–3931 or (202) 482–               determination.
                                                    scope of this investigation is dispositive.             3362, respectively.
                                                                                                                                                                  Verification
                                                    Appendix II—List of Topics Discussed                    SUPPLEMENTARY INFORMATION:                              In light of each mandatory
                                                    in the Preliminary Decision                                                                                   respondent’s decision to withdraw from
                                                    Memorandum                                              Background
                                                                                                                                                                  the investigation and not to participate
                                                    1. Summary                                                 The Department published its                       in a verification, we conducted no
                                                    2. Background                                           preliminary determination on December                 verifications.
                                                    3. Period of Investigation                              29, 2014.1 On January 2, 2015, United
                                                    4. Postponement of Final Determination and                                                                    Analysis of Comments Received
                                                                                                            Nail Products Co., Ltd. (United Nail), a
                                                          Extension of Provisional Measures                 mandatory respondent in this                             Petitioner raised one issue in its case
                                                    5. Scope Comments                                       investigation, filed a letter stating that it         brief, which is addressed in the Issue
                                                    6. Discussion of Methodology                                                                                  and Decision Memorandum. A list of
                                                       a. Determination of the Comparison
                                                                                                            had decided to withdraw from the
                                                                                                            proceeding and would not be                           the contents of this memorandum is
                                                          Method
                                                       b. Results of the Differential Pricing               participating in a verification of its                attached to this notice in Appendix II.
                                                          Analysis                                          questionnaire responses. On January 7,                The Issue and Decision Memorandum is
                                                    7. Date of Sale                                         2015, the other mandatory respondent,                 a public document and is on file
                                                    8. Product Comparisons                                  Region Industries Co., Ltd. (Region                   electronically via Enforcement and
                                                    9. Export Price and Constructed Export Price            Industries), filed a letter to the same               Compliance’s Antidumping and
                                                    10. Normal Value                                        effect. On February 18, 2015, we                      Countervailing Duty Centralized
                                                       a. Comparison Market Viability                       received a case brief from Petitioner,                Electronic Service System (ACCESS).
                                                       b. Affiliated-Party Transactions and Arm’s-                                                                Access to this system is available to
                                                          Length Test
                                                                                                            Mid-Continent Steel & Wire, Inc. We did
                                                                                                            not receive any rebuttal comments or                  registered and guest users at http://
                                                       c. Level of Trade
                                                                                                            requests for a hearing from interested                access.trade.gov and is available to all
                                                       d. Cost of Production (COP) Analysis
                                                       1. Calculation of COP                                parties. Based on the events that                     parties in the Central Records Unit,
                                                       2. Test of Comparison Market Sales Prices            transpired after the preliminary                      room 7046 of the main Department of
                                                       3. Results of the COP Test                           determination and an analysis of the                  Commerce building. In addition, a
                                                       e. Calculation of NV Based on Comparison             comments received, the Department has                 complete version of the Issue and
                                                          Market Prices                                     made changes to the Preliminary                       Decision Memorandum can be accessed
                                                       f. Calculation of NV Based on CV                     Determination.                                        directly on the Internet at http://
                                                    11. Currency Conversion                                                                                       www.trade.gov/enforcement/frn/
                                                    12. Conclusion                                          Period of Investigation                               index.html. The signed and electronic
                                                    [FR Doc. 2015–12523 Filed 5–21–15; 8:45 am]                                                                   versions of the Issue and Decision
                                                                                                               The period of investigation is October             Memorandum are identical in content.
                                                    BILLING CODE 3510–DS–P
                                                                                                            1, 2013, through March 31, 2014.
                                                                                                                                                                  Changes Since the Preliminary
                                                                                                            Scope of the Investigation                            Determination
                                                    DEPARTMENT OF COMMERCE
                                                                                                               The product covered by this                          Based on consideration of the events
                                                    International Trade Administration                      investigation is certain steel nails from             that transpired after the preliminary
                                                    [A–552–818]                                             Vietnam. For a full description of the                determination and our analysis of the
                                                                                                            scope of the investigation, see Appendix              comments received, we find that Region
                                                    Certain Steel Nails From the Socialist                  I to this notice.                                     Industries and United Nail are not
                                                    Republic of Vietnam: Final                                 Since the Preliminary Determination,               separate from the Vietnam-wide entity
                                                    Determination of Sales at Less Than                     several interested parties (i.e., IKEA                and that the estimated dumping margin
                                                    Fair Value                                              Supply AG, The Home Depot, Target                     for the entity should be based on the
                                                                                                            Corporation, and Petitioner) commented                adverse facts available on the record,
                                                    AGENCY:   Enforcement and Compliance,                                                                         pursuant to sections 776(a)(2)(A), (C)
                                                    International Trade Administration,                     on the scope of these investigations. The
                                                                                                            Department reviewed these comments                    and (D) and section 776(b) of the Act.
                                                    Department of Commerce.                                                                                       This rate, derived from the Petition,3
                                                                                                            and made certain changes. For further
                                                    SUMMARY: The Department of Commerce                                                                           was corroborated upon examination of
                                                                                                            discussion, see the Issue and Decision
                                                    (the Department) determines that                                                                              the documentation supporting the
                                                                                                            Memorandum.2 The scope in Appendix
                                                    imports of certain steel nails from the                                                                       Petition. For more details, see the
                                                                                                            I reflects all modifications to the scope
                                                    Socialist Republic of Vietnam (Vietnam)                                                                       accompanying Issue and Decision
                                                    are being, or are likely to be, sold in the               1 See Certain Steel Nails From the Socialist
                                                                                                                                                                  Memorandum and company-specific
                                                    United States at less-than-fair value, as               Republic of Vietnam: Preliminary Determination of
                                                                                                                                                                  analysis memoranda for the final
                                                    provided in section 735 of the Tariff Act               Sales at Less Than Fair Value and Postponement        determination.
                                                    of 1930, as amended (the Act). The final                of Final Determination and Extension of Provisional
                                                                                                            Measures, 79 FR 78058 (December 29, 2014)             Separate Rate
                                                    weighted-average dumping margins of
                                                                                                            (Preliminary Determination) and the accompanying        Kosteel Vina Limited Company
                                                    sales at less than fair value are listed                Preliminary Decision Memorandum.
                                                    below in the ‘‘Final Determination                                                                            (Kosteel Vina) established its eligibility
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                              2 See Memorandum to Christian Marsh, Deputy

                                                    Margins’’ section of this notice.                       Assistant Secretary for Antidumping and               for a separate rate.4 The Act and
                                                    DATES: Effective date: May 22, 2015.                    Countervailing Duty Operations, from Abdelali
                                                                                                            Elouaradia, Acting Office Director, Office VI,          3 See Petitions for the Imposition of Antidumping
                                                    FOR FURTHER INFORMATION CONTACT:                        Antidumping and Countervailing Duty Operations,       and Countervailing Duties: Certain Steel Nails from
                                                    Edythe Artman or Dena Crossland, AD/                    regarding ‘‘Issue and Decision Memorandum for the     India, the Republic of Korea, Malaysia, the
                                                    CVD Operations, Office VI, Enforcement                  Final Determination of the Less-Than-Fair-Value       Sultanate of Oman, Taiwan, the Republic of Turkey,
                                                                                                            Investigation of Certain Steel Nails from the         and the Socialist Republic of Vietnam, dated May
                                                    and Compliance, International Trade                     Socialist Republic of Vietnam’’ (Issue and Decision   29, 2014 (Petition).
                                                    Administration, U.S. Department of                      Memorandum), dated concurrently with this               4 See the Preliminary Decision Memorandum at 7

                                                    Commerce, 14th Street and Constitution                  determination and hereby adopted by this notice.      and 8.



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Document Created: 2015-12-15 15:45:38
Document Modified: 2015-12-15 15:45:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactDavid Goldberger or Katherine Johnson, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4136 or (202) 482-4929, respectively.
FR Citation80 FR 29620 

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