80 FR 65696 - Welded Stainless Pressure Pipe From India: Initiation of Antidumping Duty Investigation
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 207 (October 27, 2015)
International Trade Administration
Federal Register Volume 80, Issue 207 (October 27, 2015)
| Page Range | 65696-65700 | |
| FR Document | 2015-27364 |
[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)] [Notices] [Pages 65696-65700] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-27364] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-533-867] Welded Stainless Pressure Pipe From India: Initiation of Antidumping Duty Investigation AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective: October 27, 2015. FOR FURTHER INFORMATION CONTACT: James Terpstra, at (202) 482-3965, or Alex Rosen, at (202) 482-7814, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: The Petition On September 30, 2015, the Department of Commerce (``the Department'') received an antidumping duty (``AD'') petition concerning imports of welded stainless pressure pipe (``welded stainless pipe'') from India filed in proper form on behalf of Bristol Metals, LLC, Felker Brothers Corporation, Outokumpu Stainless Pipe, Inc., and Marcegaglia USA Inc. (collectively, ``Petitioners'').\1\ Petitioners are domestic producers of welded stainless pipe. On October 2, 2015, the Department requested additional information and clarification of certain areas of the Petition.\2\ Petitioners filed responses to these requests on October 6, 2015.\3\ --------------------------------------------------------------------------- \1\ See ``Petition for the Imposition of Antidumping and Countervailing Duties on Imports of Welded Stainless Pressure Pipe from India Pursuant to Sections 701 and 703 of the Tariff Act of 1930, as Amended,'' at Volume II, dated September 30, 2015 (``Petition''). \2\ See the Department's letter to Petitioners, ``Petition for the Imposition of Antidumping Duties on Imports of Welded Stainless Pressure Pipe from India: Supplemental Questions,'' dated October 2, 2015 (``AD Deficiency Questionnaire'') and the Department's letter to Petitioners, ``Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Welded Stainless Pressure Pipe from India: Supplemental Questions,'' dated October 2, 2015 (``General Issues Questionnaire''). \3\ See Petitioners' letter to the Department, ``Welded Stainless Pressure Pipe from India: Response to Supplemental Questions {Volume II{time} ,'' dated October 6, 2015 (``AD Petition Supplement'') and Petitioners' letter to the Department, ``Welded Stainless Pressure Pipe from India: Response to Supplemental Questions {Volume I{time} ,'' dated October 6, 2015 (``General Issues Supplement''). --------------------------------------------------------------------------- In accordance with section 732(b) of the Tariff Act of 1930, as amended (the ``Act''), Petitioners allege that imports of welded stainless pipe from India are being, or are likely to be, sold in the United States at less than fair value within the meaning of section 731 of the Act and that such imports are materially injuring, or threatening material injury to, an industry in the United States. Also, consistent with section 732(b)(1) of the Act, the Petition is accompanied by information reasonably available to Petitioners supporting their allegations. The Department finds that Petitioners filed this Petition on behalf of the domestic industry because Petitioners are interested parties as defined in section 771(9)(C) of the Act. The Department also finds that Petitioners have demonstrated sufficient industry support with respect to the initiation of the AD investigation that Petitioners are requesting. See the ``Determination of Industry Support for the Petition'' section below. Period of Investigation Because the Petition was filed on September 30, 2015, pursuant to 19 CFR 351.204(b)(1), the period of investigation (``POI'') is July 1, 2014, through June 30, 2015. Scope of the Investigation The product covered by this investigation is welded stainless pipe from India. For a full description of the scope of the investigation, see the ``Scope of the Investigation,'' in Appendix I of this notice. Comments on Scope of Investigation During our review of the Petition, the Department issued questions to, and received responses from, Petitioners pertaining to the proposed scope to ensure that the scope language in the Petition would be an accurate reflection of the products for which the domestic industry is seeking relief.\4\ As discussed in the preamble to the Department's regulations,\5\ we are setting aside a period for interested parties to raise issues regarding product coverage scope. The Department will consider all comments received from parties and, if necessary, will consult with parties prior to the issuance of the preliminary determination. If scope comments include factual information (see 19 CFR 351.102(b)(21)), all such factual information should be limited to public information. In order to facilitate preparation of its questionnaires, the Department requests all interested parties to submit such comments by 5 p.m. Eastern Time on Tuesday, November 10, 2015, which is the first business day after 20 calendar days from the signature date of this notice.\6\ Any rebuttal comments, which may include factual information, must be filed by 5 p.m. Eastern Time on Friday, November 20, 2015, which is 10 calendar days after the initial comments. --------------------------------------------------------------------------- \4\ See General Issues Questionnaire and General Issues Supplement. See also Petitioners' submission, ``Welded Stainless Pressure Pipe from India: Revised Scope Definition,'' dated October 15, 2015. \5\ See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 May 19, 1997. \6\ See 19 CFR 351.303(b) --------------------------------------------------------------------------- The Department requests that any factual information the parties consider relevant to the scope of the investigation [[Page 65697]] be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact the Department and request permission to submit the additional information. All such comments must be filed on the records of the concurrent AD and CVD investigations. Filing Requirements All submissions to the Department must be filed electronically using Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (``ACCESS'').\7\ An electronically filed document must be received successfully in its entirety by the time and date when it is due. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines. --------------------------------------------------------------------------- \7\ See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011) for details of the Department's electronic filing requirements, which went into effect on August 5, 2011; see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014). Information on help using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf. --------------------------------------------------------------------------- Comments on Product Characteristics for Antidumping Questionnaires The Department requests comments from interested parties regarding the appropriate physical characteristics of welded stainless pipe to be reported in response to the Department's AD questionnaires. This information will be used to identify the key physical characteristics of the subject merchandise in order to report the relevant factors and costs of production accurately as well as to develop appropriate product-comparison criteria. Interested parties may provide any information or comments that they feel are relevant to the development of an accurate list of physical characteristics. Specifically, they may provide comments as to which characteristics are appropriate to use as: (1) General product characteristics and (2) product-comparison criteria. We note that it is not always appropriate to use all product characteristics as product- comparison criteria. We base product-comparison criteria on meaningful commercial differences among products. In other words, while there may be some physical product characteristics utilized by manufacturers to describe welded stainless pipe, it may be that only a select few product characteristics take into account commercially meaningful physical characteristics. In addition, interested parties may comment on the order in which the physical characteristics should be used in matching products. Generally, the Department attempts to list the most important physical characteristics first and the least important characteristics last. In order to consider the suggestions of interested parties in developing and issuing the AD questionnaires, all comments on product characteristics must be filed by 5 p.m. Eastern Time on November 10, 2015. Rebuttal comments must be received by 5 p.m. Eastern Time on November 20, 2015. All comments and submissions to the Department must be filed electronically using ACCESS, as referenced above. Determination of Industry Support for the Petition Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ``industry.'' Section 771(4)(A) of the Act defines the ``industry'' as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The International Trade Commission (``ITC''), which is responsible for determining whether ``the domestic industry'' has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product,\8\ they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.\9\ --------------------------------------------------------------------------- \8\ See section 771(10) of the Act. \9\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)). --------------------------------------------------------------------------- Section 771(10) of the Act defines the domestic like product as ``a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.'' Thus, the reference point from which the domestic like product analysis begins is ``the article subject to an investigation'' (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the Petition). With regard to the domestic like product, Petitioners do not offer a definition of the domestic like product distinct from the scope of the investigation. Based on our analysis of the information submitted on the record, we have determined that welded stainless pipe constitutes a single domestic like product and we have analyzed industry support in terms of that domestic like product.\10\ --------------------------------------------------------------------------- \10\ For a discussion of the domestic like product analysis in this case, see Antidumping Duty Investigation Initiation Checklist: Welded Stainless Pressure Pipe from India (``India AD Initiation Checklist''), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Welded Stainless Pressure Pipe from India (``Attachment II''). This checklist is dated concurrently with this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building. --------------------------------------------------------------------------- In determining whether Petitioners have standing under section 732(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the ``Scope of the Investigation,'' in Appendix I of this notice. To establish industry support, Petitioners provided their shipments of the domestic like product in 2014, and compared their shipments to the estimated total shipments of the domestic like product [[Page 65698]] for the entire domestic industry.\11\ Because total industry production data for the domestic like product for 2014 is not reasonably available and Petitioners have established that shipments are a reasonable proxy for production data,\12\ we have relied upon the shipment data provided by Petitioners for purposes of measuring industry support.\13\ --------------------------------------------------------------------------- \11\ See Volume I of the Petition, at 2-3 and Exhibits I-1 and I-2; see also General Issues Supplement, at 3-8 and Exhibits I-9 and I-10. \12\ See Volume I of the Petition, at 3 and Exhibit I-1; see also General Issues Supplement, at 3-6 and Exhibits I-8 and I-9. \13\ For further discussion, see India AD Initiation Checklist, at Attachment II. --------------------------------------------------------------------------- Our review of the data provided in the Petition, General Issues Supplement, and other information readily available to the Department indicates that Petitioners have established industry support.\14\ First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total shipments \15\ of the domestic like product and, as such, the Department is not required to take further action in order to evaluate industry support (e.g., polling).\16\ Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total shipments of the domestic like product.\17\ Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the shipments of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.\18\ Accordingly, the Department determines that the Petition was filed on behalf of the domestic industry within the meaning of section 732(b)(1) of the Act. --------------------------------------------------------------------------- \14\ Id. \15\ As mentioned above, Petitioners have established that shipments are a reasonable proxy for production data. Section 351.203(e)(1) of the Department's regulations states ``production levels may be established by reference to alternative data that the Secretary determines to be indicative of production levels.'' \16\ See section 732(c)(4)(D) of the Act; see also India AD Initiation Checklist, at Attachment II. \17\ See India AD Initiation Checklist, at Attachment II. \18\ Id. --------------------------------------------------------------------------- The Department finds that Petitioners filed the Petition on behalf of the domestic industry because they are interested parties as defined in section 771(9)(C) of the Act and they have demonstrated sufficient industry support with respect to the AD investigation that they are requesting the Department initiate.\19\ --------------------------------------------------------------------------- \19\ Id. --------------------------------------------------------------------------- Allegations and Evidence of Material Injury and Causation Petitioners allege that the U.S. industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of the imports of the subject merchandise sold at less than normal value (``NV''). In addition, Petitioners allege that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.\20\ --------------------------------------------------------------------------- \20\ See General Issues Supplement, at 9 and Exhibit I-11. --------------------------------------------------------------------------- Petitioners contend that the industry's injured condition is illustrated by reduced market share; decline in shipments, production, and capacity utilization; underselling and price suppression or depression; inventory overhang; decreased employment, hours worked, and wages; lost sales and revenues; and negative impact on profitability.\21\ We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and we have determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation.\22\ --------------------------------------------------------------------------- \21\ See Volume I of the Petition, at 11-25, and Exhibits I-1, I-5, and I-7; see also General Issues Supplement, at 9 and Exhibit I-11. \22\ See India AD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Welded Stainless Pressure Pipe from India. --------------------------------------------------------------------------- Allegations of Sales at Less Than Fair Value The following is a description of the allegations of sales at less- than-fair-value upon which the Department based its decision to initiate an investigation of imports of welded stainless pipe from India. The sources of data for the deductions and adjustments relating to U.S. price and NV are discussed in greater detail in the India AD Initiation Checklist. Export Price Petitioners based U.S. price on Indian welded stainless pipe offered for sale in the United States.\23\ Where applicable, Petitioners made deductions for the relevant movement charges based on publicly available information from several sources, consistent with delivery terms.\24\ After analyzing the reported movement charge information, the Department made two minor revisions to Petitioners' submitted calculation of U.S. price.\25\ --------------------------------------------------------------------------- \23\ See Volume II of the Petition, at Exhibit II-1 and AD Petition Supplement at Exhibit II-11. \24\ See Volume II of the Petition, at Exhibits II-3,4,5,6,7 and AD Petition Supplement at Exhibit II-12 and 13. \25\ We disallowed Petitioners' deduction for foreign inland freight expenses based on insufficient support and made a correction to the calculation of U.S. inland freight fees that was inadvertently omitted from Petitioners' AD Petition Suplement. See discussion of minor revisions in the narrative of the India AD Initation Checklist and the calculation at Attachment V. --------------------------------------------------------------------------- Normal Value Petitioners based normal value on a price quote obtained by a market researcher for welded stainless pipe produced and sold in India having the same specifications as the welded stainless pipe in the U.S. price quote.\26\ Because the price quote was received from a distributor, Petitioners deducted a potential mark-up from this price, based on their knowledge of the industry. Petitioners made no additional deductions because, given the terms of sale, no further deductions would be appropriate.\27\ --------------------------------------------------------------------------- \26\ See Volume II of the Petition at Exhibit II-8. See also, the Department's memorandum ``Telephone Call to Foreign Market Researcher Regarding Antidumping Petition,'' dated October 7, 2015. \27\ See AD Petition Supplement, at Exhibit II-14. --------------------------------------------------------------------------- Fair Value Comparisons Based on the data provided by Petitioners, there is reason to believe that imports of welded stainless pipe from India are being, or are likely to be, sold in the United States at less than fair value. Based on comparisons of EP to NV in accordance with section 773(a)(1) of the Act, the estimated dumping margins as calculated from data provided by the Petitioners and recalculated by the Department for welded stainless pipe from India is 32.06 percent.\28\ --------------------------------------------------------------------------- \28\ See India AD Initiation Checklist, at Attachment V. --------------------------------------------------------------------------- Initiation of Less-than-Fair-Value Investigation Based upon the examination of the Petition on welded stainless pipe India, we find that the Petition meets the requirements of section 732 of the Act. Therefore, we are initiating an AD investigation to determine whether imports of welded stainless pipe from India is being, or are likely to be, sold in the United States at less than fair value. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determinations no [[Page 65699]] later than 140 days after the date of this initiation. On June 29, 2015, the President of the United States signed into law the Trade Preferences Extension Act of 2015, which made numerous amendments to the AD and CVD law.\29\ The 2015 law does not specify dates of application for those amendments.\30\ On August 6, 2015, the Department published an interpretative rule, in which it announced the applicability dates for each amendment to the Act, except for amendments contained in section 771(7) of the Act, which relate to determinations of material injury by the ITC.\31\ The amendments to sections 771(15), 773, 776, and 782 of the Act are applicable to all determinations made on or after August 6, 2015, and, therefore, apply to this AD investigation.\32\ --------------------------------------------------------------------------- \29\ See Trade Preferences Extension Act of 2015, Pub. L. 114- 27, 129 Stat. 362 (2015). \30\ In accordance with section 505(a) of the Trade Preferences Extension Act of 2015, amending section 773(b)(2) of the Act, for the investigation, the Department will request information necessary to calculate the CV and COP to determine whether there are reasonable grounds to believe or suspect that sales of the foreign like product have been made at prices that represent less than the COP of the product. The Department will no longer require a COP allegation to conduct this analysis \31\ See Dates of Application of Amendments to the Antidumping and Countervailing Duty Laws Made by the Trade Preferences Extension Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice). \32\ Id. at 46794-95. The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl. --------------------------------------------------------------------------- Respondent Selection Petitioners name 13 companies as producers/exporters of welded stainless pipe from India.\33\ Following standard practice in AD investigations involving market economy countries, the Department intends to select respondents based on U.S. Customs and Border Protection (``CBP'') data for U.S. imports under the appropriate Harmonized Tariff Schedule of the United States (``HTSUS'') numbers listed in the ``Scope of the Investigation'' section above. We intend to release the CBP data under Administrative Protective Order (``APO'') to all parties with access to information protected by APO within five business days of publication of this Federal Register notice. --------------------------------------------------------------------------- \33\ See Volume I of the Petition, at Exhibit I-4. --------------------------------------------------------------------------- Interested parties wishing to comment regarding respondent selection must do so within seven business days of the publication of this notice. Comments must be filed electronically using ACCESS. An electronically-filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, by 5 p.m. Eastern Time by the date noted above. We intend to make our decision regarding respondent selection within 20 days of publication of this notice. Distribution of Copies of the Petition In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), copies of the public version of the Petition have been provided to the Government of India via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petition to each exporter named in the Petition, as provided under 19 CFR 351.203(c)(2). ITC Notification We have notified the ITC of our initiation, as required by section 732(d) of the Act. Preliminary Determination by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of welded stainless pipe from India is materially injuring or threatening material injury to a U.S. industry.\34\ A negative ITC determination will result in the investigation being terminated; otherwise, the investigation will proceed according to statutory and regulatory time limits. --------------------------------------------------------------------------- \34\ See section 733(a) of the Act. --------------------------------------------------------------------------- Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the Department; and (v) evidence other than factual information described in (i)-(iv). Any party, when submitting factual information, must specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted \35\ and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.\36\ Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Please review the regulations prior to submitting factual information in this investigation. --------------------------------------------------------------------------- \35\ See 19 CFR 351.301(b). \36\ See 19 CFR 351.301(b)(2). --------------------------------------------------------------------------- Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351 expires. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10 a.m. Eastern Time on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimely-filed requests for the extension of time limits. Review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in this investigation. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.\37\ Parties are hereby reminded that revised certification requirements are in effect for company/government officials, as well as their representatives. Investigations initiated on the basis of petitions filed on or after August 16, 2013, and other segments of any AD or CVD proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided at the end of the Final Rule.\38\ The Department intends to reject factual submissions if the submitting party does not comply with applicable revised certification requirements. --------------------------------------------------------------------------- \37\ See section 782(b) of the Act. \38\ See Certification of Factual Information to Import Administration during Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf. --------------------------------------------------------------------------- [[Page 65700]] Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (Jan. 22, 2008). Parties wishing to participate in the investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to section 777(i) of the Act. Dated: October 20, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation is circular welded austenitic stainless pressure pipe not greater than 14 inches in outside diameter. References to size are in nominal inches and include all products within tolerances allowed by pipe specifications. This merchandise includes, but is not limited to, the American Society for Testing and Materials (``ASTM'') A-312 or ASTM A-778 specifications, or comparable domestic or foreign specifications. ASTM A-358 products are only included when they are produced to meet ASTM A-312 or ASTM A-778 specifications, or comparable domestic or foreign specifications. Excluded from the scope of the investigation are: (1) Welded stainless mechanical tubing, meeting ASTM A-554 or comparable domestic or foreign specifications; (2) boiler, heat exchanger, superheater, refining furnace, feedwater heater, and condenser tubing, meeting ASTM A-249, ASTM A-688 or comparable domestic or foreign specifications; and (3) specialized tubing, meeting ASTM A- 269, ASTM A-270 or comparable domestic or foreign specifications. The subject imports are normally classified in subheadings 7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, and 7306.40.5085 of the Harmonized Tariff Schedule of the United States (``HTSUS''). They may also enter under HTSUS subheadings 7306.40.1010, 7306.40.1015, 7306.40.5042, 7306.40.5044, 7306.40.5080, and 7306.40.5090. The HTSUS subheadings are provided for convenience and customs purposes only; the written description of the scope of this investigation is dispositive. [FR Doc. 2015-27364 Filed 10-26-15; 8:45 am] BILLING CODE 3510-DS-P
![65696 Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Notices
DEPARTMENT OF COMMERCE DATES: Effective: October 27, 2015. section 771(9)(C) of the Act. The
FOR FURTHER INFORMATION CONTACT: Department also finds that Petitioners
Submission for OMB Review; James Terpstra, at (202) 482–3965, or have demonstrated sufficient industry
Comment Request Alex Rosen, at (202) 482–7814, AD/CVD support with respect to the initiation of
The Department of Commerce will Operations, Office III, Enforcement and the AD investigation that Petitioners are
submit to the Office of Management and Compliance, International Trade requesting. See the ‘‘Determination of
Budget (OMB) for clearance the Administration, U.S. Department of Industry Support for the Petition’’
following proposal for collection of Commerce, 14th Street and Constitution section below.
information under the provisions of the Avenue NW., Washington, DC 20230. Period of Investigation
Paperwork Reduction Act (44 U.S.C. SUPPLEMENTARY INFORMATION:
Because the Petition was filed on
chapter 35). The Petition September 30, 2015, pursuant to 19 CFR
Agency: National Institute of
On September 30, 2015, the 351.204(b)(1), the period of
Standards and Technology (NIST).
Title: National Cybersecurity Center of Department of Commerce (‘‘the investigation (‘‘POI’’) is July 1, 2014,
Excellence (NCCoE) Participant Letter(s) Department’’) received an antidumping through June 30, 2015.
of Interest (LoI). duty (‘‘AD’’) petition concerning Scope of the Investigation
OMB Control Number: 0693–XXXX. imports of welded stainless pressure
Form Number(s): None. pipe (‘‘welded stainless pipe’’) from The product covered by this
Type of Request: New information India filed in proper form on behalf of investigation is welded stainless pipe
collection. Bristol Metals, LLC, Felker Brothers from India. For a full description of the
Number of Respondents: 120. Corporation, Outokumpu Stainless Pipe, scope of the investigation, see the
Average Hours per Response: 2 hours Inc., and Marcegaglia USA Inc. ‘‘Scope of the Investigation,’’ in
per response. (collectively, ‘‘Petitioners’’).1 Petitioners Appendix I of this notice.
Burden Hours: 240 Hours. are domestic producers of welded Comments on Scope of Investigation
Needs and Uses: New collaborative stainless pipe. On October 2, 2015, the
projects to address specific Department requested additional During our review of the Petition, the
cybersecurity challenges. Technology information and clarification of certain Department issued questions to, and
providers having an interest in areas of the Petition.2 Petitioners filed received responses from, Petitioners
participating in an announced project responses to these requests on October pertaining to the proposed scope to
are invited to submit Letters of Interest 6, 2015.3 ensure that the scope language in the
(LoI) in participation. NIST provides a In accordance with section 732(b) of Petition would be an accurate reflection
LoI template to technology providers the Tariff Act of 1930, as amended (the of the products for which the domestic
that express a desire to participate in a ‘‘Act’’), Petitioners allege that imports of industry is seeking relief.4 As discussed
project. welded stainless pipe from India are in the preamble to the Department’s
Affected Public: Business or other for being, or are likely to be, sold in the regulations,5 we are setting aside a
profit. United States at less than fair value period for interested parties to raise
Frequency: Once per announcement. within the meaning of section 731 of the issues regarding product coverage
Respondent’s Obligation: Voluntary. Act and that such imports are materially scope. The Department will consider all
This information collection request injuring, or threatening material injury comments received from parties and, if
may be viewed at reginfo.gov. Follow to, an industry in the United States. necessary, will consult with parties
the instructions to view Department of Also, consistent with section 732(b)(1) prior to the issuance of the preliminary
Commerce collections currently under of the Act, the Petition is accompanied determination. If scope comments
review by OMB. by information reasonably available to include factual information (see 19 CFR
Written comments and 351.102(b)(21)), all such factual
Petitioners supporting their allegations.
recommendations for the proposed The Department finds that Petitioners information should be limited to public
information collection should be sent filed this Petition on behalf of the information. In order to facilitate
within 30 days of publication of this domestic industry because Petitioners preparation of its questionnaires, the
notice to OIRA_Submission@ are interested parties as defined in Department requests all interested
omb.eop.gov or fax to (202) 395–5806. parties to submit such comments by 5
Dated: October 22, 2015. 1 See ‘‘Petition for the Imposition of Antidumping p.m. Eastern Time on Tuesday,
Glenna Mickelson, and Countervailing Duties on Imports of Welded November 10, 2015, which is the first
Stainless Pressure Pipe from India Pursuant to business day after 20 calendar days from
Management Analyst, Office of the Chief Sections 701 and 703 of the Tariff Act of 1930, as
Information Officer. Amended,’’ at Volume II, dated September 30, 2015 the signature date of this notice.6 Any
[FR Doc. 2015–27273 Filed 10–26–15; 8:45 am] (‘‘Petition’’). rebuttal comments, which may include
BILLING CODE 3510–13–P
2 See the Department’s letter to Petitioners, factual information, must be filed by 5
‘‘Petition for the Imposition of Antidumping Duties p.m. Eastern Time on Friday, November
on Imports of Welded Stainless Pressure Pipe from
India: Supplemental Questions,’’ dated October 2,
20, 2015, which is 10 calendar days
DEPARTMENT OF COMMERCE 2015 (‘‘AD Deficiency Questionnaire’’) and the after the initial comments.
Department’s letter to Petitioners, ‘‘Petitions for the The Department requests that any
International Trade Administration Imposition of Antidumping and Countervailing factual information the parties consider
Duties on Imports of Welded Stainless Pressure
[A–533–867] Pipe from India: Supplemental Questions,’’ dated
relevant to the scope of the investigation
October 2, 2015 (‘‘General Issues Questionnaire’’).
tkelley on DSK3SPTVN1PROD with NOTICES
4 See General Issues Questionnaire and General
Welded Stainless Pressure Pipe From 3 See Petitioners’ letter to the Department,
‘‘Welded Stainless Pressure Pipe from India: Issues Supplement. See also Petitioners’
India: Initiation of Antidumping Duty submission, ‘‘Welded Stainless Pressure Pipe from
Response to Supplemental Questions {Volume II},’’
Investigation dated October 6, 2015 (‘‘AD Petition Supplement’’) India: Revised Scope Definition,’’ dated October 15,
and Petitioners’ letter to the Department, ‘‘Welded 2015.
AGENCY: Enforcement and Compliance, Stainless Pressure Pipe from India: Response to 5 See Antidumping Duties; Countervailing Duties;
International Trade Administration, Supplemental Questions {Volume I},’’ dated Final Rule, 62 FR 27296, 27323 May 19, 1997.
Department of Commerce. October 6, 2015 (‘‘General Issues Supplement’’). 6 See 19 CFR 351.303(b)
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![65700 Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Notices
Notification to Interested Parties DEPARTMENT OF COMMERCE (within the meaning of sections 701 and
771(5) of the Act) to imports of welded
Interested parties must submit International Trade Administration stainless pipe from India, and that such
applications for disclosure under APO imports are materially injuring, or
[C–533–868]
in accordance with 19 CFR 351.305. On threatening material injury to, an
January 22, 2008, the Department Welded Stainless Pressure Pipe From industry in the United States. Also,
published Antidumping and India: Initiation of Countervailing Duty consistent with section 702(b)(1) of the
Countervailing Duty Proceedings: Investigation Act, for those alleged programs in India
Documents Submission Procedures; on which we have initiated a CVD
APO Procedures, 73 FR 3634 (Jan. 22, AGENCY: Enforcement and Compliance, investigation, the Petition is
2008). Parties wishing to participate in International Trade Administration, accompanied by information reasonably
the investigation should ensure that Department of Commerce available to Petitioners supporting their
they meet the requirements of these DATES: Effective date: October 20, 2015 allegations.
procedures (e.g., the filing of letters of FOR FURTHER INFORMATION CONTACT: The Department finds that Petitioners
appearance as discussed at 19 CFR Laurel LaCivita at (202) 482–4243, or filed the Petition on behalf of the
Mandy Mallott at (202) 482–6430, AD/ domestic industry because Petitioners
351.103(d)).
CVD Operations, Enforcement and are interested parties as defined in
This notice is issued and published Compliance, International Trade section 771(9)(C) of the Act. The
pursuant to section 777(i) of the Act. Administration, U.S. Department of Department also finds that Petitioners
Dated: October 20, 2015. Commerce, 14th Street and Constitution demonstrated sufficient industry
Paul Piquado, Avenue NW., Washington, DC 20230. support with respect to the initiation of
SUPPLEMENTARY INFORMATION: the CVD investigation that Petitioners
Assistant Secretary for Enforcement and are requesting.5
Compliance. The Petition
Period of Investigation
Appendix I On September 30, 2015, the
Department of Commerce The period of investigation is January
Scope of the Investigation 1, 2014, through December 31, 2014.6
(‘‘Department’’) received a
The merchandise covered by this countervailing duty (‘‘CVD’’) petition Scope of the Investigation
investigation is circular welded austenitic concerning imports of welded stainless
stainless pressure pipe not greater than 14 The product covered by this
pressure pipe (‘‘welded stainless pipe’’) investigation is welded stainless pipe
inches in outside diameter. References to size from India, filed in proper form on
are in nominal inches and include all from India. For a full description of the
behalf of Bristol Metals, LLC, Felker scope of this investigation, see the
products within tolerances allowed by pipe Brothers Corp, Outokumpu Stainless
specifications. This merchandise includes, ‘‘Scope of the Investigation’’ in
Pipe, Inc., and Marcegaglia USA Appendix I of this notice.
but is not limited to, the American Society
(collectively, ‘‘Petitioners’’). The CVD
for Testing and Materials (‘‘ASTM’’) A–312 Comments on Scope of the Investigation
petition was accompanied by an
or ASTM A–778 specifications, or
antidumping duty (‘‘AD’’) petition During our review of the Petition, the
comparable domestic or foreign
concerning imports of welded stainless Department issued questions to, and
specifications. ASTM A–358 products are
pipe from India.1 Petitioners are received responses from, Petitioners
only included when they are produced to
domestic producers of welded stainless pertaining to the proposed scope to
meet ASTM A–312 or ASTM A–778
specifications, or comparable domestic or
pipe.2 ensure that the scope language in the
On October 2, 2015, the Department Petition would be an accurate reflection
foreign specifications.
requested information and clarification of the products for which the domestic
Excluded from the scope of the
investigation are: (1) Welded stainless
for certain areas of the Petition.3 industry is seeking relief.7 As discussed
mechanical tubing, meeting ASTM A–554 or
Petitioners filed responses to these in the preamble to the Department’s
comparable domestic or foreign
requests on October 6, 2015.4 regulations,8 we are setting aside a
In accordance with section 702(b)(1) period for interested parties to raise
specifications; (2) boiler, heat exchanger,
superheater, refining furnace, feedwater
of the Tariff Act of 1930, as amended issues regarding product coverage (i.e.,
heater, and condenser tubing, meeting ASTM
(‘‘the Act’’), Petitioners allege that the scope). The Department will consider
A–249, ASTM A–688 or comparable Government of India (‘‘GOI’’) is all comments received from interested
domestic or foreign specifications; and (3) providing countervailable subsidies parties and, if necessary, will consult
specialized tubing, meeting ASTM A–269, with the interested parties prior to the
1 See ‘‘Petition for the Imposition of Antidumping
ASTM A–270 or comparable domestic or issuance of the preliminary
and Countervailing Duties: Welded Stainless
foreign specifications. Pressure Pipe from India,’’ dated September 30,
determination. If scope comments
The subject imports are normally classified 2015 (‘‘Petition’’). include factual information (see 19 CFR
in subheadings 7306.40.5005, 7306.40.5040, 2 See Volume I of the Petition, at 2. 351.102(b)(21)), all such factual
7306.40.5062, 7306.40.5064, and 3 See letter from the Department, ‘‘Petitions for information should be limited to public
7306.40.5085 of the Harmonized Tariff the Imposition of Antidumping and Countervailing information. In order to facilitate
Duties on Imports of Welded Stainless Pressure preparation of its questionnaire, the
Schedule of the United States (‘‘HTSUS’’). Pipe from India: Supplemental Questions,’’ dated
They may also enter under HTSUS October 2, 2015 (‘‘General Issues Questionnaire’’);
5 See the ‘‘Determination of Industry Support for
subheadings 7306.40.1010, 7306.40.1015, letter from the Department, ‘‘Petition for the
7306.40.5042, 7306.40.5044, 7306.40.5080, Imposition of Countervailing Duties on Imports of the Petition’’ section below.
tkelley on DSK3SPTVN1PROD with NOTICES
Welded Stainless Pressure Pipe from India: 6 19 CFR 351.204(b)(2).
and 7306.40.5090. The HTSUS subheadings
Supplemental Questions,’’ October 2, 2015 (‘‘CVD 7 See General Issues Questionnaire and General
are provided for convenience and customs Deficiency Questionnaire’’). Issues Supplement. See also Petitioners’
purposes only; the written description of the 4 See letter from Petitioners, ‘‘Welded Stainless submission, ‘‘Welded Stainless Pressure Pipe from
scope of this investigation is dispositive. Pressure Pipe from India: Response to India: Revised Scope Definition,’’ dated October 15,
Supplemental Questions,’’ dated October 6, 2015, 2015.
[FR Doc. 2015–27364 Filed 10–26–15; 8:45 am]
covering volume I (‘‘General Issues Supplement’’) 8 See Antidumping Duties; Countervailing Duties;
BILLING CODE 3510–DS–P and III (‘‘CVD Supplement’’) of the Petition. Final Rule, 62 FR 27296, 27323 (May 19, 1997).
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Document Created: 2015-12-14 15:35:36
Document Modified: 2015-12-14 15:35:36
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective: October 27, 2015. | |
| Contact | James Terpstra, at (202) 482-3965, or Alex Rosen, at (202) 482-7814, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. | |
| FR Citation | 80 FR 65696 |
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