80 FR 75056 - Welded Line Pipe From the Republic of Korea and the Republic of Turkey: Antidumping Duty Orders
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 230 (December 1, 2015)
International Trade Administration
Federal Register Volume 80, Issue 230 (December 1, 2015)
| Page Range | 75056-75058 | |
| FR Document | 2015-30506 |
[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)] [Notices] [Pages 75056-75058] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30506] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-876, A-489-822] Welded Line Pipe From the Republic of Korea and the Republic of Turkey: Antidumping Duty Orders AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (the ITC), the Department is issuing antidumping duty orders on welded line pipe from the Republic of Korea (Korea) and the Republic of Turkey (Turkey). DATES: Effective Date: December 1, 2015. FOR FURTHER INFORMATION CONTACT: Ross Belliveau (Korea) or David Crespo (Turkey), AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4952 and (202) 482-3693, respectively. SUPPLEMENTARY INFORMATION: Background In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on October 13, 2015, the Department published its affirmative final determinations in the less-than-fair-value (LTFV) investigations of welded line pipe from Korea and Turkey.\1\ Pursuant to section 735(e) of the Act and 19 CFR 351.224(f), the Department published its amended final determination in the LTFV investigation of welded line pipe from Korea on November 10, 2015.\2\ On November 20, 2015, the ITC notified the Department of its affirmative determinations that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of the LTFV imports of welded line pipe from Korea and Turkey.\3\ --------------------------------------------------------------------------- \1\ See Welded Line Pipe From the Republic of Turkey: Final Determination of Sales at Less Than Fair Value, 80 FR 61362 (October 13, 2015) (Turkey Final Determination), and Welded Line Pipe From the Republic of Korea: Final Determination of Sales at Less Than Fair Value, 80 FR 61366 (October 13, 2015). \2\ See Welded Line Pipe From the Republic of Korea: Amended Final Determination of Sales at Less Than Fair Value, 80 FR 69637 (November 10, 2015). \3\ See Letter to Christian Marsh, Deputy Assistant Secretary of Commerce for Enforcement and Compliance, from Meredith Broadbent, Chairman of the U.S. International Trade Commission, regarding certain welded line pipe from Korea and Turkey (November 20, 2015). See also Certain Welded Line Pipe from Korea and Turkey, USITC Investigation Nos. 701-TA-525 and 731-TA-1260-1261 (Final), USITC Publication 4580 (November 2015). --------------------------------------------------------------------------- Scope of the Orders The merchandise covered by these orders 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 these orders. The welded line pipe that is subject to these orders 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 are provided for [[Page 75057]] convenience and customs purposes, the written description of the scope of these orders is dispositive. Antidumping Duty Orders As stated above, on November 20, 2015, in accordance with section 735(d) of the Act, the ITC notified the Department of its final determinations in these investigations, in which it found material injury with respect to welded line pipe from Korea and Turkey.\4\ Therefore, in accordance with section 735(c)(2) of the Act, we are issuing these antidumping duty orders. Because the ITC determined that imports of welded line pipe from Korea and Turkey are materially injuring a U.S. industry, unliquidated entries of such merchandise from Korea and Turkey, entered or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. --------------------------------------------------------------------------- \4\ Id. --------------------------------------------------------------------------- Therefore, in accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of welded line pipe from Korea and Turkey. Antidumping duties will be assessed on unliquidated entries of welded line pipe from Korea and Turkey entered, or withdrawn from warehouse, for consumption on or after May 22, 2015, the date of publication of the preliminary determinations,\5\ but will not include entries occurring after the expiration of the provisional measures period and before publication of the ITC's final injury determination as further described below. --------------------------------------------------------------------------- \5\ See 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 (May 22, 2015) (Korea Preliminary Determination); and Welded Line Pipe From the Republic of Turkey: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 80 FR 29617 (May 22, 2015) (Turkey Preliminary Determination). --------------------------------------------------------------------------- Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to continue to suspend liquidation on all relevant entries of welded line pipe from Korea and Turkey. These instructions suspending liquidation will remain in effect until further notice. We will also instruct CBP to require cash deposits equal to the amounts as indicated below. Accordingly, effective on the date of publication of the ITC's final affirmative injury determinations, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the estimated weighted-average dumping margins listed below.\6\ The relevant all-others rates apply to all producers or exporters not specifically listed. For the purpose of determining cash deposit rates, the estimated weighted-average dumping margins for imports of subject merchandise from Turkey will be adjusted, as appropriate, for export subsidies found in the final determination of the companion countervailing duty investigation of this merchandise imported from Turkey.\7\ --------------------------------------------------------------------------- \6\ See section 736(a)(3) of the Act. \7\ See Turkey Final Determination, 80 FR at 61364. --------------------------------------------------------------------------- Provisional Measures Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request the Department to extend that four-month period to no more than six months. At the request of exporters that account for a significant proportion of welded line pipe from Korea and Turkey, we extended the four-month period to six months in each case.\8\ In the underlying investigations, the Department published the preliminary determinations on May 22, 2015. Therefore, the extended period, beginning on the date of publication of the preliminary determinations, ended on November 18, 2015. Furthermore, section 737(b) of the Act states that definitive duties are to begin on the date of publication of the ITC's final injury determination. --------------------------------------------------------------------------- \8\ See Korea Preliminary Determination and Turkey Preliminary Determination. --------------------------------------------------------------------------- Therefore, in accordance with section 733(d) of the Act and our practice, we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of welded line pipe from Korea and Turkey entered, or withdrawn from warehouse, for consumption after November 18, 2015, the date on which the provisional measures expired, until and through the day preceding the date of publication of the ITC's final injury determinations in the Federal Register. Suspension of liquidation will resume on the date of publication of the ITC's final determination in the Federal Register. The weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Dumping Exporter/ Producer margins (percent) ------------------------------------------------------------------------ Korea............................. Hyundai HYSCO....... 6.23 SeAH Steel 2.53 Corporation. All Others.......... 4.38 ------------------------------------------------------------------------ ---------------------------------------------------------------------------------------------------------------- Dumping Exporter/ Producer margins Cash deposit (percent) (percent) ---------------------------------------------------------------------------------------------------------------- Turkey..................................... Borusan Istikbal Ticaret........... 22.95 0.00 Borusan Mannesmann Boru Sanayi ve 22.95 0.00 Ticaret A.S. [Ccedil]ayirova Boru Sanayi ve 22.95 22.09 Ticaret A.S./Y[uuml]cel Boru Ithalat-Ihracat ve Pazarlama A.S. Tos[ccedil]elik Profil ve Sac 6.66 5.80 Endustrisi A.S./Tosyali Dis Ticaret A.S. All Others......................... 7.10 6.24 ---------------------------------------------------------------------------------------------------------------- Note: The cash deposit rates are adjusted to account for the applicable export subsidy rate of 27.32 percent for Borusan Istikbal Ticaret and Borusan Mannesmann Boru Sanayi ve Ticaret A.S.; and 0.86 percent for [Ccedil]ayirova Boru Sanayi ve Ticaret A.S./Y[uuml]cel Boru Ithalat-Ihracat ve Pazarlama A.S., Tos[ccedil]elik Profil ve Sac Endustrisi A.S./Tosyali Dis Ticaret A.S., and all other exporters/producers in Turkey. [[Page 75058]] This notice constitutes the antidumping duty orders with respect to welded line pipe from Korea and Turkey pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html. These orders are published in accordance with section 736(a) of the Act and 19 CFR 351.211. Dated: November 23, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-30506 Filed 11-30-15; 8:45 am] BILLING CODE 3510-DS-P
![75056 Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Notices
merchandise was destined for the occurred and the subsequent assessment final determinations in the less-than-
United States. In such instances, we will of doubled antidumping duties. fair-value (LTFV) investigations of
instruct CBP to liquidate un-reviewed welded line pipe from Korea and
Notification to Interested Parties
entries at the all-others rate if there is no Turkey.1 Pursuant to section 735(e) of
rate for the intermediate company We are issuing and publishing these the Act and 19 CFR 351.224(f), the
involved in the transaction.8 results in accordance with sections Department published its amended final
We intend to issue liquidation 751(a)(1) and 777(i)(1) of the Act. determination in the LTFV investigation
instructions to CBP 15 days after Dated: November 17, 2015. of welded line pipe from Korea on
publication of the final results of Paul Piquado, November 10, 2015.2 On November 20,
review. Assistant Secretary for Enforcement and 2015, the ITC notified the Department of
Compliance. its affirmative determinations that an
Cash Deposit Requirements industry in the United States is
The following deposit requirements Appendix materially injured within the meaning
will be effective upon publication of the List of Topics Discussed in the Preliminary of section 735(b)(1)(A)(i) of the Act, by
notice of final results of administrative Decision Memorandum reason of the LTFV imports of welded
review for all shipments of brass sheet A. Summary line pipe from Korea and Turkey.3
and strip from France entered, or B. Background Scope of the Orders
withdrawn from warehouse, for C. Scope of the Order
consumption on or after the date of D. Discussion of the Methodology The merchandise covered by these
publication as provided by section 1. Application of Facts Available and Use orders is circular welded carbon and
of Adverse Inference alloy steel (other than stainless steel)
751(a)(2) of the Act: (1) The cash deposit
a. Use of Facts Available pipe of a kind used for oil or gas
rate for Griset and KME France will be b. Application of Facts Available With an
equal to the weighted-average dumping pipelines (welded line pipe), not more
Adverse Inference
margin established in the final results of than 24 inches in nominal outside
c. Selection and Corroboration of
this administrative review except if the Information Used as Facts Available diameter, regardless of wall thickness,
rate is de minimis within the meaning E. Recommendation length, surface finish, end finish, or
of 19 CFR 351.106(c)(1), in which case stenciling. Welded line pipe is normally
[FR Doc. 2015–30500 Filed 11–30–15; 8:45 am]
the cash deposit rate will be zero; (2) for produced to the American Petroleum
BILLING CODE 3510–DS–P
merchandise exported by manufacturers Institute (API) specification 5L, but can
or exporters not covered in this review be produced to comparable foreign
but covered in a prior segment of the DEPARTMENT OF COMMERCE specifications, to proprietary grades, or
proceeding, the cash deposit rate will can be non-graded material. All pipe
continue to be the company-specific rate International Trade Administration meeting the physical description set
published for the most recently forth above, including multiple-
[A–580–876, A–489–822] stenciled pipe with an API or
completed segment of this proceeding in
which the manufacturer or exporter Welded Line Pipe From the Republic of comparable foreign specification line
participated; (3) if the exporter is not a Korea and the Republic of Turkey: pipe stencil is covered by the scope of
firm covered in this review, a prior Antidumping Duty Orders these orders.
review, or the original less-than-fair- The welded line pipe that is subject
value investigation but the manufacturer AGENCY: Enforcement and Compliance, to these orders is currently classifiable
is, the cash deposit rate will be the rate International Trade Administration, in the Harmonized Tariff Schedule of
established for the most recently Department of Commerce. the United States (HTSUS) under
completed segment of the proceeding SUMMARY: Based on affirmative final subheadings 7305.11.1030,
for the manufacturer of the determinations by the Department of 7305.11.5000, 7305.12.1030,
merchandise; (4) the cash deposit rate Commerce (the Department) and the 7305.12.5000, 7305.19.1030,
for all other manufacturers or exporters International Trade Commission (the 7305.19.5000, 7306.19.1010,
will continue to be 42.24 percent ad ITC), the Department is issuing 7306.19.1050, 7306.19.5110, and
valorem, the all-others rate established antidumping duty orders on welded line 7306.19.5150. The subject merchandise
in the less-than-fair-value pipe from the Republic of Korea (Korea) may also enter in HTSUS 7305.11.1060
investigation.9 These cash deposit and the Republic of Turkey (Turkey). and 7305.12.1060. While the HTSUS
requirements, when imposed, shall DATES: Effective Date: December 1, 2015. subheadings are provided for
remain in effect until further notice. FOR FURTHER INFORMATION CONTACT: Ross
1 See Welded Line Pipe From the Republic of
Belliveau (Korea) or David Crespo
Notifications to Importers Turkey: Final Determination of Sales at Less Than
(Turkey), AD/CVD Operations, Office II, Fair Value, 80 FR 61362 (October 13, 2015) (Turkey
This notice serves as a preliminary Enforcement and Compliance, Final Determination), and Welded Line Pipe From
reminder to importers of their International Trade Administration, the Republic of Korea: Final Determination of Sales
at Less Than Fair Value, 80 FR 61366 (October 13,
responsibility under 19 CFR U.S. Department of Commerce, 1401 2015).
351.402(f)(2) to file a certificate Constitution Avenue NW., Washington, 2 See Welded Line Pipe From the Republic of
regarding the reimbursement of DC 20230; telephone: (202) 482–4952 Korea: Amended Final Determination of Sales at
antidumping duties prior to liquidation and (202) 482–3693, respectively. Less Than Fair Value, 80 FR 69637 (November 10,
of the relevant entries during this 2015).
SUPPLEMENTARY INFORMATION: 3 See Letter to Christian Marsh, Deputy Assistant
tkelley on DSK3SPTVN1PROD with NOTICES
review period. Failure to comply with Secretary of Commerce for Enforcement and
this requirement could result in the Background
Compliance, from Meredith Broadbent, Chairman of
Secretary’s presumption that In accordance with sections 735(d) the U.S. International Trade Commission, regarding
reimbursement of antidumping duties and 777(i)(1) of the Tariff Act of 1930, certain welded line pipe from Korea and Turkey
(November 20, 2015). See also Certain Welded Line
as amended (the Act), and 19 CFR Pipe from Korea and Turkey, USITC Investigation
8 Id. 351.210(c), on October 13, 2015, the Nos. 701–TA–525 and 731–TA–1260–1261 (Final),
9 See the Order at 52 FR 6996. Department published its affirmative USITC Publication 4580 (November 2015).
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![75058 Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Notices
This notice constitutes the examination for administrative reviews which they were collapsed. Further, if
antidumping duty orders with respect to initiated pursuant to requests made for companies are requested to complete
welded line pipe from Korea and the orders identified below, the the Quantity and Value Questionnaire
Turkey pursuant to section 736(a) of the Department intends to select for purposes of respondent selection, in
Act. Interested parties can find a list of respondents based on U.S. Customs and general each company must report
antidumping duty orders currently in Border Protection (‘‘CBP’’) data for U.S. volume and value data separately for
effect at http://enforcement.trade.gov/ imports during the period of review. We itself. Parties should not include data
stats/iastats1.html. intend to release the CBP data under for any other party, even if they believe
These orders are published in Administrative Protective Order they should be treated as a single entity
accordance with section 736(a) of the (‘‘APO’’) to all parties having an APO with that other party. If a company was
Act and 19 CFR 351.211. within five days of publication of the
collapsed with another company or
Dated: November 23, 2015. initiation notice and to make our
decision regarding respondent selection companies in the most recently
Paul Piquado, completed segment of this proceeding
Assistant Secretary for Enforcement and
within 21 days of publication of the
initiation Federal Register notice. where the Department considered
Compliance.
Therefore, we encourage all parties collapsing that entity, complete quantity
[FR Doc. 2015–30506 Filed 11–30–15; 8:45 am] and value data for that collapsed entity
interested in commenting on respondent
BILLING CODE 3510–DS–P
selection to submit their APO must be submitted.
applications on the date of publication Deadline for Withdrawal of Request for
DEPARTMENT OF COMMERCE of the initiation notice, or as soon
Administrative Review
thereafter as possible. The Department
International Trade Administration invites comments regarding the CBP Pursuant to 19 CFR 351.213(d)(1), a
data and respondent selection within party that requests a review may
Antidumping or Countervailing Duty five days of placement of the CBP data withdraw that request within 90 days of
Order, Finding, or Suspended on the record of the review. the date of publication of the notice of
Investigation; Opportunity To Request In the event the Department decides
initiation of the requested review. The
Administrative Review it is necessary to limit individual
regulation provides that the Department
examination of respondents and
AGENCY: Enforcement and Compliance, may extend this time if it is reasonable
conduct respondent selection under
International Trade Administration, to do so. In order to provide parties
section 777A(c)(2) of the Act:
Department of Commerce. In general, the Department finds that additional certainty with respect to
FOR FURTHER INFORMATION CONTACT: determinations concerning whether when the Department will exercise its
Brenda E. Waters, Office of AD/CVD particular companies should be discretion to extend this 90-day
Operations, Customs Liaison Unit, ‘‘collapsed’’ (i.e., treated as a single deadline, interested parties are advised
Enforcement and Compliance, entity for purposes of calculating that, with regard to reviews requested
International Trade Administration, antidumping duty rates) require a on the basis of anniversary months on
U.S. Department of Commerce, 14th substantial amount of detailed or after December 2015, the Department
Street and Constitution Avenue NW., information and analysis, which often does not intend to extend the 90-day
Washington, DC 20230, telephone: (202) require follow-up questions and deadline unless the requestor
482–4735. analysis. Accordingly, the Department demonstrates that an extraordinary
Background will not conduct collapsing analyses at circumstance prevented it from
Each year during the anniversary the respondent selection phase of this submitting a timely withdrawal request.
month of the publication of an review and will not collapse companies Determinations by the Department to
antidumping or countervailing duty at the respondent selection phase unless extend the 90-day deadline will be
order, finding, or suspended there has been a determination to made on a case-by-case basis.
investigation, an interested party, as collapse certain companies in a
previous segment of this antidumping The Department is providing this
defined in section 771(9) of the Tariff notice on its Web site, as well as in its
Act of 1930, as amended (‘‘the Act’’), proceeding (i.e., investigation,
administrative review, new shipper ‘‘Opportunity to Request Administrative
may request, in accordance with 19 CFR Review’’ notices, so that interested
351.213, that the Department of review or changed circumstances
review). For any company subject to this parties will be aware of the manner in
Commerce (‘‘the Department’’) conduct
review, if the Department determined, which the Department intends to
an administrative review of that
or continued to treat, that company as exercise its discretion in the future.
antidumping or countervailing duty
order, finding, or suspended collapsed with others, the Department Opportunity to Request a Review: Not
investigation. will assume that such companies later than the last day of December
All deadlines for the submission of continue to operate in the same manner 2015,1 interested parties may request
comments or actions by the Department and will collapse them for respondent administrative review of the following
discussed below refer to the number of selection purposes. Otherwise, the orders, findings, or suspended
calendar days from the applicable Department will not collapse companies investigations, with anniversary dates in
starting date. for purposes of respondent selection. December for the following periods:
Parties are requested to (a) identify
Respondent Selection which companies subject to review 1 Or the next business day, if the deadline falls
tkelley on DSK3SPTVN1PROD with NOTICES
In the event the Department limits the previously were collapsed, and (b) on a weekend, federal holiday or any other day
number of respondents for individual provide a citation to the proceeding in when the Department is closed.
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Document Created: 2018-03-02 09:10:06
Document Modified: 2018-03-02 09:10:06
| 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 Date: December 1, 2015. | |
| Contact | Ross Belliveau (Korea) or David Crespo (Turkey), AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4952 and (202) 482-3693, respectively. | |
| FR Citation | 80 FR 75056 |
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