80 FR 80749 - Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 248 (December 28, 2015)
International Trade Administration
Federal Register Volume 80, Issue 248 (December 28, 2015)
| Page Range | 80749-80751 | |
| FR Document | 2015-32631 |
[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)] [Notices] [Pages 80749-80751] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32631] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-489-825] Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of heavy walled rectangular welded carbon steel pipes and tubes (HWR pipes and tubes) from the Republic of Turkey (Turkey). The period of investigation is January 1, 2014, through December 31, 2014. Interested parties are invited to comment on this preliminary determination. [[Page 80750]] DATES: Effective Date: December 28, 2015. FOR FURTHER INFORMATION CONTACT: Brian Smith or Reza Karamloo, Office II, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1766 or (202) 482-4470, respectively. Alignment of Final Countervailing Duty (CVD) Determination With Final Antidumping Duty (AD) Determination On the same day the Department initiated this CVD investigation, the Department also initiated AD investigations of HWR pipes and tubes from the Republic of Korea, Mexico, and Turkey.\1\ The CVD and AD investigations cover the same merchandise. On November 23, 2015, in accordance with section 705(a)(1) of the Tariff Act of 1930, as amended (the Act), the petitioners \2\ requested alignment of the final CVD determination of HWR pipes and tubes from Turkey with the final AD determination of HWR pipes and tubes from Turkey. Therefore, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning the final CVD determination with the final AD determination. Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than May 2, 2016, unless postponed. --------------------------------------------------------------------------- \1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Turkey: Initiation of Countervailing Duty Investigation, 80 FR 49207 (August 17, 2015) (Initiation Notice). See also Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea, Mexico, and the Republic of Turkey: Initiation of Less-Than-Fair-Value Investigations, 80 FR 49202 (August 17, 2015). \2\ The petitioners in this investigation are Atlas Tube, a division of JMC Steel Group, Bull Moose Tube Company, EXLTUBE, Hannibal Industries, Inc., Independence Tube Corporation, Maruichi American Corporation, Searing Industries, Southland Tube, and Vest, Inc. --------------------------------------------------------------------------- Scope of the Investigation The products covered by this investigation are HWR pipes and tubes from Turkey. For a full description of the scope of this investigation, see Appendix I. Scope Comments We did not receive any comments concerning the scope of this investigation. Methodology The Department is conducting this CVD investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy (i.e., a financial contribution by an ``authority'' that gives rise to a benefit to the recipient) and that the subsidy is specific.\3\ For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum.\4\ --------------------------------------------------------------------------- \3\ See Sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. \4\ See Memorandum from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Countervailing Duty Investigation of Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Turkey: Decision Memorandum for the Preliminary Determination,'' dated concurrently with this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- 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 http://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. Preliminary Determination and Suspension of Liquidation In accordance with section 703(d)(1)(A)(i) of the Act, we calculated a CVD rate for each individually-investigated producer/ exporter of the subject merchandise. For companies not individually investigated, we calculated an ``all-others'' rate as described below. We preliminarily determine the countervailable subsidy rates to be: ------------------------------------------------------------------------ Subsidy rate Company (percent) ------------------------------------------------------------------------ MMZ Onur Boru Profil uretim San Ve Tic. A.S............. 7.69 Ozdemir Boru Profil San ve Tic. Ltd Sti................. 1.35 All-Others.............................................. 4.39 ------------------------------------------------------------------------ In accordance with sections 703(d)(1)(B) and (2) of the Act, we are directing U.S. Customs and Border Protection to suspend liquidation of all entries of HWR pipes and tubes from Turkey that are entered, or withdrawn from warehouse, for consumption on or after the date of the publication of this notice in the Federal Register, and to require a cash deposit for such entries of merchandise in the amounts indicated above. In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for companies not investigated, we apply an ``all-others'' rate, which is normally calculated by weighting the subsidy rates of the individual companies selected as respondents by those companies' exports of the subject merchandise to the United States.\5\ The ``all-others'' rate does not include zero and de minimis rates or any rates based solely on the facts available. --------------------------------------------------------------------------- \5\ See Memorandum to the File, ``Calculation of the ``All- Others'' Rate in the Preliminary Determination of the Countervailing Duty Investigation of Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Turkey'' (December 18, 2015). We calculated a weighted average of the rates of MMZ and Ozdemir using publicly-ranged data so as not to disclose the respondents' business proprietary information. --------------------------------------------------------------------------- Verification As provided in section 782(i)(1) of the Act, we intend to verify the information submitted by the respondents prior to making our final determination. U.S. International Trade Commission In accordance with section 703(f) of the Act, we will notify the U.S. International Trade Commission (ITC) of our determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information relating to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order, without the written consent of the Assistant Secretary for Enforcement and Compliance. In accordance with section 705(b)(2) of the Act, if our final determination is affirmative, the ITC will make its final determination within 45 days after the Department makes its final determination. Disclosure and Public Comment The Department intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of its public announcement.\6\ Interested parties may submit case briefs, rebuttal briefs, and hearing requests.\7\ For a schedule of the [[Page 80751]] deadlines for filing case briefs, rebuttal briefs, and hearing requests, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \6\ See 19 CFR 351.224(b). \7\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c). --------------------------------------------------------------------------- This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). Dated: December 18, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The products covered by this investigation are certain heavy walled rectangular welded steel pipes and tubes of rectangular (including square) cross section, having a nominal wall thickness of not less than 4 mm. The merchandise includes, but is not limited to, the American Society for Testing and Materials (ASTM) A-500, grade B specifications, or comparable domestic or foreign specifications. Included products are those in which: (1) Iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and (3) none of the elements below exceeds the quantity, by weight, respectively indicated:2.50 percent of manganese, or 3.30 percent of silicon, or 1.50 percent of copper, or 1.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 2.0 percent of nickel, or 0.30 percent of tungsten, or 0.80 percent of molybdenum, or 0.10 percent of niobium (also called columbium), or 0.30 percent of vanadium, or 0.30 percent of zirconium. The subject merchandise is currently provided for in item 7306.61.1000 of the Harmonized Tariff Schedule of the United States (HTSUS). Subject merchandise may also enter under HTSUS 7306.61.3000. While the HTSUS subheadings and ASTM specification 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 I. Summary II. Background III. Scope Comments IV. Scope of the Investigation V. Alignment VI. Respondent Selection VII. Injury Test VIII. Subsidies Valuation IX. Analysis of Programs X. ITC Notification XI. Disclosure and Public Comment XII. Verification XIII. Conclusion [FR Doc. 2015-32631 Filed 12-24-15; 8:45 am] BILLING CODE 3510-DS-P
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margin in the final results of review is case number will be liquidated at the occurred, and the subsequent
not zero or de minimis (i.e., less than 0.5 rate for the PRC-wide entity. assessment of double antidumping
percent), the Department intends to In accordance with section duties and/or increase the amount of
calculate importer-specific assessment 751(a)(2)(C) of the Act, the final results antidumping duties by the amount of
rates, in accordance with 19 CFR of this review shall be the basis for the the countervailing duties.
351.212(b)(1).20 Where the respondent assessment of antidumping duties on
entries of merchandise covered by the Notification to Interested Parties
reported reliable entered values, the
Department intends to calculate final results of this review and for future We are issuing and publishing these
importer-specific ad valorem deposits of estimated antidumping results in accordance with sections
assessment rates by aggregating the duties, where applicable. 751(a)(1) and 777(i)(1) of the Act and 19
amount of dumping calculated for all CFR 351.213 and 351.221(b)(4).
Cash Deposit Requirements
U.S. sales to the importer and dividing Dated: December 18, 2015.
The Department will instruct CBP to
this amount by the total entered value Paul Piquado,
require a cash deposit for antidumping
of the sales to the importer.21 Where the duties equal to the weighted-average Assistant Secretary for Enforcement and
importer did not report entered values, Compliance.
amount by which the normal value
the Department calculates an importer- exceeds U.S. price. The following cash Appendix—List of Topics Discussed in
specific assessment rates by dividing the deposit requirements will be effective the Preliminary Decision Memorandum
amount of dumping for reviewed sales upon publication of the final results of
to the importer- by the total sales 1. Summary
this administrative review for shipments 2. Background
quantity associated with those of the subject merchandise from the PRC 3. Scope of the Order
transactions. In addition, the entered, or withdrawn from warehouse, 4. Duty Absorption
Department will calculate an estimated for consumption on or after the 5. Preliminary Determination of No
ad valorem importer-specific publication date of this notice, as Shipments
assessment rate to determine whether provided by section 751(a)(2)(C) of the 6. Selection of Respondents
this rate is de minimis, however, the Act: (1) For the exporters listed above, 7. Single Entity Treatment
Department will direct CBP to assess 8. Discussion of the Methodology
the cash deposit rate will be equal to the a. NME Country
importer-specific assessment rates based weighted-average dumping margin b. Separate Rates
on the resulting per-unit rates.22 Where established in the final results of this c. Application of Partial FA and AFA
an importer-specific ad valorem is not review (except, if the rate is de minimis d. Surrogate Country
zero or de minimis, the Department will (i.e., less than 0.5 percent), then the cash e. Date of Sale
instruct CBP to collect the appropriate deposit rate will be zero for that f. Fair Value Comparisons
duties at the time of liquidation. Where exporter); (2) for previously investigated g. U.S. Price
either the respondent’s weighted h. Normal Value
or reviewed PRC and non-PRC exporters
i. Section 777A(f) of the Act
average dumping margin is zero or de not listed above that have separate rates, j. Currency Conversion
minimis, or an importer-specific ad the cash deposit rate will continue to be 9. Conclusion
valorem assessment rate is zero or de the exporter-specific rate published for [FR Doc. 2015–32630 Filed 12–24–15; 8:45 am]
minimis, the Department will instruct the most recently completed segment of
BILLING CODE 3510–DS–P
CBP to liquidate appropriate entries this proceeding; (3) for all PRC exporters
without regard to antidumping duties.23 of subject merchandise which have not
On October 24, 2011, the Department been found to be entitled to a separate DEPARTMENT OF COMMERCE
announced a refinement to its rate, the cash deposit rate will be the
assessment practice in NME rate for the PRC-wide entity (i.e., 238.95 International Trade Administration
antidumping duty proceedings.24 percent 25) and (4) for all non-PRC
[C–489–825]
Pursuant to this refinement in practice, exporters of subject merchandise that
for entries that were not reported in the have not received their own rate, the Heavy Walled Rectangular Welded
U.S. sales database submitted by an cash deposit rate will be the rate Carbon Steel Pipes and Tubes From
exporter individually examined during applicable to the PRC exporter that the Republic of Turkey: Preliminary
this review, the Department will supplied that non-PRC exporter. These Affirmative Countervailing Duty
instruct CBP to liquidate such entries at deposit requirements, when imposed, Determination and Alignment of Final
the rate for the PRC-wide entity. shall remain in effect until further Determination With Final Antidumping
Additionally, pursuant to this notice. Duty Determination
refinement, if the Department Notification to Importers AGENCY: Enforcement and Compliance,
determines that an exporter under This notice also serves as a International Trade Administration,
review had no shipments of the subject preliminary reminder to importers of Department of Commerce
merchandise, any suspended entries their responsibility under 19 CFR SUMMARY: The Department of Commerce
that entered under that exporter’s CBP 351.402(f)(2) to file a certificate (the Department) preliminarily
regarding the reimbursement of determines that countervailable
20 See Antidumping Proceedings: Calculation of
antidumping duties and/or subsidies are being provided to
the Weighted Average Dumping Margin and
Assessment Rate in Certain Antidumping countervailing duties prior to producers and exporters of heavy
mstockstill on DSK4VPTVN1PROD with NOTICES
Proceedings: Final Modification, 77 FR 8101 liquidation of the relevant entries walled rectangular welded carbon steel
(February 14, 2012) (‘‘Final Modification’’). during this POR. Failure to comply with pipes and tubes (HWR pipes and tubes)
21 See 19 CFR 351.212(b)(1).
this requirement could result in the from the Republic of Turkey (Turkey).
22 Id.
Department’s presumption that The period of investigation is January 1,
23 See Final Modification, 77 FR at 8103.
24 See Non-Market Economy Antidumping
reimbursement of antidumping duties 2014, through December 31, 2014.
Proceedings: Assessment of Antidumping Duties, 76 and/or countervailing duties has Interested parties are invited to
FR 65694 (October 24, 2011), for a full discussion comment on this preliminary
of this practice. 25 See AR1 Final Results, 80 FR at 41002. determination.
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deadlines for filing case briefs, rebuttal DEPARTMENT OF COMMERCE Melamine is a crystalline powder or
briefs, and hearing requests, see the granule typically (but not exclusively)
Preliminary Decision Memorandum. International Trade Administration used to manufacture melamine
This determination is issued and [A–570–020, C–570–021] formaldehyde resins. All melamine is
published pursuant to sections 703(f) covered by the scope of these orders
and 777(i) of the Act and 19 CFR Melamine From the People’s Republic irrespective of purity, particle size, or
351.205(c). of China: Antidumping Duty and physical form. Melamine that has been
Dated: December 18, 2015. Countervailing Duty Orders blended with other products is included
Paul Piquado, within this scope when such blends
AGENCY: Enforcement and Compliance, include constituent parts that have been
Assistant Secretary for Enforcement and International Trade Administration,
Compliance. intermingled, but that have not been
Department of Commerce chemically reacted with each other to
Appendix I SUMMARY: Based on affirmative final
produce a different product. For such
determinations by the Department of
Scope of the Investigation blends, only the melamine component
Commerce (‘‘Department’’) and the
The products covered by this investigation of the mixture is covered by the scope
International Trade Commission
are certain heavy walled rectangular welded of these orders. Melamine that is
(‘‘ITC’’), the Department is issuing
steel pipes and tubes of rectangular otherwise subject to these orders is not
antidumping duty (‘‘AD’’) and
(including square) cross section, having a excluded when commingled with
nominal wall thickness of not less than 4 countervailing duty (‘‘CVD’’) orders on
melamine from sources not subject to
mm. The merchandise includes, but is not melamine from the People’s Republic of
this investigation. Only the subject
limited to, the American Society for Testing China (‘‘PRC’’).
component of such commingled
and Materials (ASTM) A–500, grade B DATES: Effective Date: December 28, products is covered by the scope of
specifications, or comparable domestic or 2015.
foreign specifications. these orders.
Included products are those in which: (1) FOR FURTHER INFORMATION CONTACT: The subject merchandise is provided
Iron predominates, by weight, over each of James Terpstra at (202) 482–3965 or for in subheading 2933.61.0000 of the
the other contained elements; (2) the carbon Brendan Quinn at (202) 482–5848, AD/ Harmonized Tariff Schedule of the
content is 2 percent or less, by weight; and CVD Operations, Office III, Enforcement United States (‘‘HTSUS’’). Although the
(3) none of the elements below exceeds the and Compliance, International Trade HTSUS subheading and CAS registry
quantity, by weight, respectively indicated: Administration, U.S. Department of number are provided for convenience
• 2.50 percent of manganese, or Commerce, 14th Street and Constitution
• 3.30 percent of silicon, or
and customs purposes, the written
• 1.50 percent of copper, or Avenue NW., Washington, DC 20230. description of the scope is dispositive.
• 1.50 percent of aluminum, or SUPPLEMENTARY INFORMATION:
Antidumping Duty Order
• 1.25 percent of chromium, or
Background
• 0.30 percent of cobalt, or In accordance with sections
• 0.40 percent of lead, or On November 6, 2015, the Department 735(b)(1)(A)(i) and 735(d) of the Act, the
• 2.0 percent of nickel, or published its final affirmative ITC has notified the Department of its
• 0.30 percent of tungsten, or determination of sales at less than fair final determination in this investigation,
• 0.80 percent of molybdenum, or value (‘‘LTFV’’) and its final affirmative in which it found that imports of
• 0.10 percent of niobium (also called
determination that countervailable melamine from the PRC are materially
columbium), or
• 0.30 percent of vanadium, or subsidies are being provided to injuring a U.S. industry. Therefore, in
• 0.30 percent of zirconium. producers and exporters of melamine accordance with section 735(c)(2) of the
The subject merchandise is currently from the PRC.1 On December 18, 2015, Act, we are publishing this antidumping
provided for in item 7306.61.1000 of the the ITC notified the Department of its duty order.
Harmonized Tariff Schedule of the United final affirmative determination pursuant As a result of the ITC’s final
States (HTSUS). Subject merchandise may to section 735(b)(1)(A)(i) of the Tariff determination, in accordance with
also enter under HTSUS 7306.61.3000. While Act of 1930, as amended (‘‘the Act’’), section 736(a)(1) of the Act, the
the HTSUS subheadings and ASTM
that an industry in the United States is Department will direct U.S. Customs
specification are provided for convenience
and customs purposes, the written materially injured by reason of LTFV and Border Protection (‘‘CBP’’) to assess,
description of the scope of this investigation imports and subsidized imports of upon further instruction by the
is dispositive. melamine from the PRC.2 Department, antidumping duties equal
Scope of the Orders to the amount by which the normal
Appendix II value of the merchandise exceeds the
List of Topics Discussed in the Preliminary The merchandise subject to these export price (or constructed export
Decision Memorandum orders is melamine (Chemical Abstracts price) of the merchandise, for all
I. Summary
Service (‘‘CAS’’) registry number 108– relevant entries of melamine from the
II. Background 78–01, molecular formula C3H6N6).3 PRC. These antidumping duties will be
III. Scope Comments assessed on unliquidated entries from
1 See Melamine From the People’s Republic of
IV. Scope of the Investigation the PRC entered, or withdrawn from
V. Alignment China: Final Determination of Sales at Less Than
Fair Value, 80 FR 68851 (November 6, 2015) (‘‘AD warehouse, for consumption on or after
VI. Respondent Selection Final Determination’’). See also Melamine From the June 18, 2015, the date on which the
VII. Injury Test People’s Republic of China: Final Affirmative Department published the AD
mstockstill on DSK4VPTVN1PROD with NOTICES
VIII. Subsidies Valuation Countervailing Duty Determination, 80 FR 68847
IX. Analysis of Programs (November 6, 2015).
Preliminary Determination,4 but will
X. ITC Notification 2 See ITC Notification Letter to the Deputy
XI. Disclosure and Public Comment Assistant Secretary for Enforcement and Cyanurotriamide; Cyanurotriamine; Cyanuramide;
XII. Verification Compliance referencing ITC Investigation Nos. 701– and by various brand names.
XIII. Conclusion TA–526–527 and 731–TA–1262–1263 (December 4 See Melamine from the People’s Republic of
18, 2015) (‘‘ITC Notification’’). China: Preliminary Determination of Sales at Less
[FR Doc. 2015–32631 Filed 12–24–15; 8:45 am] 3 Melamine is also known as 2,4,6-triamino-s- Than Fair Value, 80 FR 34891 (June 18, 2015) (‘‘AD
BILLING CODE 3510–DS–P triazine; l,3,5-Triazine-2,4,6-triamine; Preliminary Determination’’).
VerDate Sep<11>2014 13:31 Dec 24, 2015 Jkt 238001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\28DEN1.SGM 28DEN1](https://thefederalregister.org/doc/80_FR_80997/page/3.svg)
Document Created: 2018-03-02 09:23:46
Document Modified: 2018-03-02 09:23:46
| 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 28, 2015. | |
| Contact | Brian Smith or Reza Karamloo, Office II, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1766 or (202) 482-4470, respectively. | |
| FR Citation | 80 FR 80749 |
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