81_FR_10623 81 FR 10583 - Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination

81 FR 10583 - Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 40 (March 1, 2016)

Page Range10583-10585
FR Document2016-04512

The Department of Commerce (Department) preliminarily determines that heavy walled rectangular welded carbon steel pipes and tubes (HWR pipes and tubes) from the Republic of Turkey (Turkey) are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, as amended (the Act). The period of investigation (POI) is July 1, 2014, through June 30, 2015. The estimated weighted-average dumping margins of sales at LTFV are shown in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 81 Issue 40 (Tuesday, March 1, 2016)
[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Notices]
[Pages 10583-10585]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04512]



[[Page 10583]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[(A-489-824)]


Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From 
the Republic of Turkey: Preliminary Determination of Sales at Less Than 
Fair Value and Postponement of Final Determination

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

SUMMARY: The Department of Commerce (Department) preliminarily 
determines that heavy walled rectangular welded carbon steel pipes and 
tubes (HWR pipes and tubes) from the Republic of Turkey (Turkey) are 
being, or are likely to be, sold in the United States at less than fair 
value (LTFV), as provided in section 733(b) of the Tariff Act of 1930, 
as amended (the Act). The period of investigation (POI) is July 1, 
2014, through June 30, 2015. The estimated weighted-average dumping 
margins of sales at LTFV are shown in the ``Preliminary Determination'' 
section of this notice. Interested parties are invited to comment on 
this preliminary determination.

DATES: Effective Date: March 1, 2016.

FOR FURTHER INFORMATION CONTACT: Ross Belliveau or Rebecca Trainor, AD/
CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4952 or (202) 482-4007, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department initiated this investigation on August 10, 2015.\1\ 
For a complete description of the events that followed the initiation 
of this investigation, see the memorandum that is dated concurrently 
with this determination and hereby adopted by this notice.\2\ The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov, 
and to all parties in the Central Records Unit, room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic version of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \1\ See 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) (Initiation Notice).
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
entitled ``Decision Memorandum for the Preliminary Determination in 
the Antidumping Duty Investigation of Heavy Walled Rectangular 
Welded Carbon Steel Pipes and Tubes from the Republic of Turkey'' 
(Preliminary Decision Memorandum), dated concurrently with this 
notice.
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is HWR pipes and tubes 
from Turkey. For a full description of the scope of this investigation, 
see the ``Scope of the Investigation,'' in Appendix I of this notice. 
No party filed comments on the scope of this investigation.

Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. There are two mandatory respondents 
participating in this investigation, MMZ Boru Profil Uretim Sanayi Ve 
Tic. A.S. (MMZ) and Ozdemir Boru Profil San. Ve Tic. Ltd. Sti. 
(Ozdemir). Export price for these companies is calculated in accordance 
with section 772 of the Act. Normal value (NV) is calculated in 
accordance with section 773 of the Act. For a full description of the 
methodology underlying our preliminary conclusions, see the Preliminary 
Decision Memorandum.

All-Others Rate

    Consistent with sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act, 
the Department also calculated an estimated all-others rate. Section 
735(c)(5)(A) of the Act provides that the estimated all-others rate 
shall be an amount equal to the weighted average of the estimated 
weighted-average dumping margins established for exporters and 
producers individually investigated, excluding any zero and de minimis 
margins, and any margins determined entirely under section 776 of the 
Act.
    In this investigation, we preliminarily found a de minimis margin 
for Ozdemir. Therefore, the only rate that is not de minimis (or based 
entirely on facts otherwise available) is the rate calculated for MMZ. 
Consequently, the rate calculated for MMZ is also assigned as the all-
others rate.

Preliminary Determination \3\
---------------------------------------------------------------------------

    \3\ As explained in the memorandum from the Acting Assistant 
Secretary for Enforcement & Compliance, the Department has exercised 
its discretion to toll all administrative deadlines due to the 
recent closure of the Federal Government. See Memorandum to the 
Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance, 
regarding ``Tolling of Administrative Deadlines As a Result of the 
Government Closure During Snowstorm Jonas,'' dated January 27, 2016. 
All deadlines in this segment of the proceeding have been extended 
by four business days. The revised deadline for the preliminary 
determination of this investigation is now February 22, 2016.
---------------------------------------------------------------------------

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

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Exporter/Manufacturer                       dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
MMZ Boru Profil Uretim Sanayi Ve Tic. A.S...............           14.48
Ozdemir Boru Profil San. Ve Tic. Ltd. Sti...............            0.00
All Others..............................................           14.48
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we will direct 
U.S. Customs and Border Protection (CBP) to suspend liquidation of all 
entries of subject merchandise from Turkey, as described in Appendix I 
of this notice, for all companies other than Ozdemir, which are 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of this notice in the Federal Register. We are not 
directing CBP to suspend liquidation of Ozdemir's entries because 
Ozdemir's preliminary estimated weighted-average dumping margin is de 
minimis.
    Pursuant to section 733(d) of the Act and 19 CFR 351.205(d), we 
will instruct CBP to require cash deposits equal to the weighted-
average amount by which the NV exceeds U.S. price, as indicated in the 
chart above, adjusted where appropriate for export subsidies found in 
the preliminary determination of the companion countervailing duty 
investigation. Consistent with our longstanding practice, where the 
product under investigation is also subject to a concurrent 
countervailing duty investigation, we instruct CBP to require a cash 
deposit equal to the amount by which the NV exceeds the U.S. price, 
less the amount of the countervailing duty determined to constitute an 
export subsidy.\4\

[[Page 10584]]

Therefore, for cash deposit purposes, we are subtracting from the 
applicable cash deposit rate the portion of the countervailing duty 
rates attributable to the export subsidies found in the preliminary 
countervailing duty determination. Accordingly, the export subsidy 
offsets are as follows: 0.46 percent for Ozdemir and 0.24 percent for 
all others.\5\ After this adjustment, the resulting cash deposit rates 
will be 0.00 percent for Ozdemir and 14.24 percent for all others. 
There were no export subsidies found for MMZ in the countervailing duty 
investigation.
---------------------------------------------------------------------------

    \4\ See, e.g., Welded Line Pipe From the Republic of Turkey: 
Final Determination of Sales at Less Than Fair Value, 80 FR 61362 
(October 13, 2015) and Notice of Final Determination of Sales at 
Less Than Fair Value and Negative Critical Circumstances 
Determination: Bottom Mount Combination Refrigerator-Freezers From 
the Republic of Korea, 77 FR 17413 (March 26, 2012).
    \5\ See Memorandum to the File from Rebecca Trainor, entitled, 
``Preliminary Determination Calculation of the All Others Rate,'' 
dated February 22, 2016.
---------------------------------------------------------------------------

    Further, pursuant to section 733(d) of the Act and 19 CFR 
351.205(d), we will instruct CBP to require cash deposits equal to the 
above-noted rates, as follows: (1) The rate for the mandatory 
respondents listed above will be the respondent-specific rates we 
determined in this preliminary determination; (2) if the exporter is 
not a mandatory respondent identified above, but the producer is, the 
rate will be the specific rate established for the producer of the 
subject merchandise; and (3) the rate for all other producers or 
exporters will be the all-others rate, adjusted as appropriate for 
export subsidies. These suspension of liquidation instructions will 
remain in effect until further notice.

Disclosure

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

Verification

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

Public Comment

    Interested parties are invited to comment on this preliminary 
determination. Case briefs or other written comments may be submitted 
to the Assistant Secretary for Enforcement and Compliance no later than 
seven days after the date on which the final verification report is 
issued in this proceeding, and rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than five days after 
the deadline date for case briefs.\6\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

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

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

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. 19 CFR 351.210(e)(2) requires that requests by 
respondents for postponement of a final determination be accompanied by 
a request for extension of provisional measures from a four-month 
period to a period not more than six months in duration.
    Respondents MMZ and Ozdemir requested that, in the event of an 
affirmative preliminary determination in this investigation, the 
Department postpone its final determination by 60 days (i.e., to 135 
days after publication of the preliminary determination), and agreed to 
extend the application of the provisional measures prescribed under 
section 733(d) of the Act and 19 CFR 351.210(e)(2), from a four-month 
period to a period not to exceed six months.\7\ In addition, the 
petitioners \8\ also requested that, in the event of a negative 
preliminary determination, the Department postpone its final 
determination to 135 days after the date of publication of the 
preliminary determination.\9\
---------------------------------------------------------------------------

    \7\ See letter from MMZ entitled, ``Heavy Walled Rectangular 
Welded Carbon Steel Pipes and Tubes from the Republic of Turkey: MMZ 
ONUR BORU PROFIL URETIM SANAYi VE TiC A.S. (MMZ) Request for 
Postponement of Final Determination,'' dated January 21, 2016; and 
letter from Ozdemir entitled, ``Antidumping: Heavy Walled 
Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of 
Turkey; Ozdemir Request to Postpone Final Determination,'' dated 
January 26, 2016.
    \8\ The petitioners in this proceeding 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.
    \9\ See letter from the petitioners entitled, ``Heavy Walled 
Rectangular Welded Carbon Steel Pipe and Tubes from Turkey: Request 
to Extend Final Determination,'' dated February 4, 2016.
---------------------------------------------------------------------------

    In accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because (1) our preliminary determination is 
affirmative; (2) the requesting exporters account for a significant 
proportion of exports of the subject merchandise; (3) the requesting 
exporters have each requested extension of provisional measures to a 
period not more than six months; and (4) no compelling reasons for 
denial exist, we are postponing the final determination until no later 
than 135 days after the publication of this notice in the Federal 
Register and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, we will 
issue our final determination no later than 135 days after the date of 
publication of this preliminary determination, pursuant to section 
735(a)(2) of the Act.\10\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.210(b)(2) and (e).
---------------------------------------------------------------------------

International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, we will notify the 
ITC of our affirmative preliminary determination of sales at LTFV. If 
our final determination is affirmative, the ITC will determine before 
the later of 120 days after the date of this preliminary determination 
or 45 days after our final determination whether these imports are 
materially injuring, or threaten material injury to, the U.S. industry.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).


[[Page 10585]]


    Dated: February 22, 2016.
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

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

[FR Doc. 2016-04512 Filed 2-29-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                   Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices                                                         10583

                                                    DEPARTMENT OF COMMERCE                                  is on file electronically via Enforcement             Preliminary Determination 3
                                                                                                            and Compliance’s Antidumping and                        The Department preliminarily
                                                    International Trade Administration                      Countervailing Duty Centralized                       determines that the following weighted-
                                                    [(A–489–824)]                                           Electronic Service System (ACCESS).                   average dumping margins exist:
                                                                                                            ACCESS is available to registered users
                                                    Heavy Walled Rectangular Welded                         at https://access.trade.gov, and to all                                                           Weighted-
                                                    Carbon Steel Pipes and Tubes From                       parties in the Central Records Unit,                                                               average
                                                    the Republic of Turkey: Preliminary                     room B8024 of the main Department of                      Exporter/Manufacturer                   dumping
                                                                                                                                                                                                               margin
                                                    Determination of Sales at Less Than                     Commerce building. In addition, a                                                                 (percent)
                                                    Fair Value and Postponement of Final                    complete version of the Preliminary
                                                    Determination                                           Decision Memorandum can be found at                   MMZ Boru Profil Uretim
                                                                                                            http://enforcement.trade.gov/frn/. The                  Sanayi Ve Tic. A.S ............                 14.48
                                                    AGENCY:   Enforcement and Compliance,                   signed Preliminary Decision                           Ozdemir Boru Profil San. Ve
                                                    International Trade Administration,                     Memorandum and the electronic                           Tic. Ltd. Sti ........................           0.00
                                                    Department of Commerce.                                 version of the Preliminary Decision                   All Others ..............................         14.48
                                                    SUMMARY: The Department of Commerce                     Memorandum are identical in content.
                                                    (Department) preliminarily determines                                                                         Suspension of Liquidation
                                                    that heavy walled rectangular welded                    Scope of the Investigation
                                                                                                                                                                     In accordance with section 733(d)(2)
                                                    carbon steel pipes and tubes (HWR                          The product covered by this                        of the Act, we will direct U.S. Customs
                                                    pipes and tubes) from the Republic of                   investigation is HWR pipes and tubes                  and Border Protection (CBP) to suspend
                                                    Turkey (Turkey) are being, or are likely                from Turkey. For a full description of                liquidation of all entries of subject
                                                    to be, sold in the United States at less                the scope of this investigation, see the              merchandise from Turkey, as described
                                                    than fair value (LTFV), as provided in                  ‘‘Scope of the Investigation,’’ in                    in Appendix I of this notice, for all
                                                    section 733(b) of the Tariff Act of 1930,               Appendix I of this notice. No party filed             companies other than Ozdemir, which
                                                    as amended (the Act). The period of                     comments on the scope of this                         are entered, or withdrawn from
                                                    investigation (POI) is July 1, 2014,                    investigation.                                        warehouse, for consumption on or after
                                                    through June 30, 2015. The estimated                                                                          the date of publication of this notice in
                                                    weighted-average dumping margins of                     Methodology
                                                                                                                                                                  the Federal Register. We are not
                                                    sales at LTFV are shown in the                            The Department is conducting this                   directing CBP to suspend liquidation of
                                                    ‘‘Preliminary Determination’’ section of                investigation in accordance with section              Ozdemir’s entries because Ozdemir’s
                                                    this notice. Interested parties are invited             731 of the Act. There are two mandatory               preliminary estimated weighted-average
                                                    to comment on this preliminary                          respondents participating in this                     dumping margin is de minimis.
                                                    determination.                                          investigation, MMZ Boru Profil Uretim                    Pursuant to section 733(d) of the Act
                                                    DATES: Effective Date: March 1, 2016.                   Sanayi Ve Tic. A.S. (MMZ) and Ozdemir                 and 19 CFR 351.205(d), we will instruct
                                                    FOR FURTHER INFORMATION CONTACT: Ross                   Boru Profil San. Ve Tic. Ltd. Sti.                    CBP to require cash deposits equal to
                                                    Belliveau or Rebecca Trainor, AD/CVD                    (Ozdemir). Export price for these                     the weighted-average amount by which
                                                    Operations, Office II, Enforcement and                  companies is calculated in accordance                 the NV exceeds U.S. price, as indicated
                                                    Compliance, International Trade                         with section 772 of the Act. Normal                   in the chart above, adjusted where
                                                    Administration, U.S. Department of                      value (NV) is calculated in accordance                appropriate for export subsidies found
                                                    Commerce, 14th Street and Constitution                  with section 773 of the Act. For a full               in the preliminary determination of the
                                                    Avenue NW., Washington, DC 20230;                       description of the methodology                        companion countervailing duty
                                                    telephone: (202) 482–4952 or (202) 482–                 underlying our preliminary conclusions,               investigation. Consistent with our
                                                    4007, respectively.                                     see the Preliminary Decision                          longstanding practice, where the
                                                    SUPPLEMENTARY INFORMATION:                              Memorandum.                                           product under investigation is also
                                                                                                                                                                  subject to a concurrent countervailing
                                                    Background                                              All-Others Rate
                                                                                                                                                                  duty investigation, we instruct CBP to
                                                       The Department initiated this                          Consistent with sections                            require a cash deposit equal to the
                                                    investigation on August 10, 2015.1 For                  733(d)(1)(A)(ii) and 735(c)(5) of the Act,            amount by which the NV exceeds the
                                                    a complete description of the events that               the Department also calculated an                     U.S. price, less the amount of the
                                                    followed the initiation of this                         estimated all-others rate. Section                    countervailing duty determined to
                                                    investigation, see the memorandum that                  735(c)(5)(A) of the Act provides that the             constitute an export subsidy.4
                                                    is dated concurrently with this                         estimated all-others rate shall be an
                                                    determination and hereby adopted by                     amount equal to the weighted average of                 3 As explained in the memorandum from the

                                                    this notice.2 The Preliminary Decision                  the estimated weighted-average                        Acting Assistant Secretary for Enforcement &
                                                                                                                                                                  Compliance, the Department has exercised its
                                                    Memorandum is a public document and                     dumping margins established for                       discretion to toll all administrative deadlines due
                                                                                                            exporters and producers individually                  to the recent closure of the Federal Government.
                                                      1 See Heavy Walled Rectangular Welded Carbon          investigated, excluding any zero and de               See Memorandum to the Record from Ron
                                                    Steel Pipes and Tubes from the Republic of Korea,       minimis margins, and any margins                      Lorentzen, Acting A/S for Enforcement &
                                                    Mexico, and the Republic of Turkey: Initiation of                                                             Compliance, regarding ‘‘Tolling of Administrative
                                                    Less-Than-Fair-Value Investigations, 80 FR 49202
                                                                                                            determined entirely under section 776                 Deadlines As a Result of the Government Closure
                                                    (August 17, 2015) (Initiation Notice).                  of the Act.                                           During Snowstorm Jonas,’’ dated January 27, 2016.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                      2 See Memorandum from Christian Marsh, Deputy           In this investigation, we preliminarily             All deadlines in this segment of the proceeding
                                                    Assistant Secretary for Antidumping and                 found a de minimis margin for Ozdemir.                have been extended by four business days. The
                                                    Countervailing Duty Operations, to Paul Piquado,                                                              revised deadline for the preliminary determination
                                                    Assistant Secretary for Enforcement and
                                                                                                            Therefore, the only rate that is not de               of this investigation is now February 22, 2016.
                                                    Compliance, entitled ‘‘Decision Memorandum for          minimis (or based entirely on facts                     4 See, e.g., Welded Line Pipe From the Republic

                                                    the Preliminary Determination in the Antidumping        otherwise available) is the rate                      of Turkey: Final Determination of Sales at Less
                                                    Duty Investigation of Heavy Walled Rectangular          calculated for MMZ. Consequently, the                 Than Fair Value, 80 FR 61362 (October 13, 2015)
                                                    Welded Carbon Steel Pipes and Tubes from the                                                                  and Notice of Final Determination of Sales at Less
                                                    Republic of Turkey’’ (Preliminary Decision
                                                                                                            rate calculated for MMZ is also assigned              Than Fair Value and Negative Critical
                                                    Memorandum), dated concurrently with this notice.       as the all-others rate.                                                                              Continued




                                               VerDate Sep<11>2014   20:18 Feb 29, 2016   Jkt 238001   PO 00000   Frm 00019   Fmt 4703   Sfmt 4703   E:\FR\FM\01MRN1.SGM    01MRN1


                                                    10584                          Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices

                                                    Therefore, for cash deposit purposes, we                Pursuant to 19 CFR 351.309(c)(2) and                  to a period not to exceed six months.7
                                                    are subtracting from the applicable cash                (d)(2), parties who submit case briefs or             In addition, the petitioners 8 also
                                                    deposit rate the portion of the                         rebuttal briefs in this proceeding are                requested that, in the event of a negative
                                                    countervailing duty rates attributable to               encouraged to submit with each                        preliminary determination, the
                                                    the export subsidies found in the                       argument: (1) A statement of the issue;               Department postpone its final
                                                    preliminary countervailing duty                         (2) a brief summary of the argument;                  determination to 135 days after the date
                                                    determination. Accordingly, the export                  and (3) a table of authorities.                       of publication of the preliminary
                                                    subsidy offsets are as follows: 0.46                       Pursuant to 19 CFR 351.310(c),                     determination.9
                                                    percent for Ozdemir and 0.24 percent                                                                             In accordance with section
                                                                                                            interested parties who wish to request a
                                                    for all others.5 After this adjustment, the                                                                   735(a)(2)(A) of the Act and 19 CFR
                                                                                                            hearing must submit a written request to
                                                    resulting cash deposit rates will be 0.00                                                                     351.210(b)(2)(ii), because (1) our
                                                                                                            the Assistant Secretary for Enforcement
                                                    percent for Ozdemir and 14.24 percent                                                                         preliminary determination is
                                                                                                            and Compliance, U.S. Department of
                                                    for all others. There were no export                                                                          affirmative; (2) the requesting exporters
                                                                                                            Commerce. All documents must be filed
                                                    subsidies found for MMZ in the                                                                                account for a significant proportion of
                                                    countervailing duty investigation.                      electronically using ACCESS. An
                                                                                                            electronically-filed request must be                  exports of the subject merchandise; (3)
                                                       Further, pursuant to section 733(d) of                                                                     the requesting exporters have each
                                                    the Act and 19 CFR 351.205(d), we will                  received successfully in its entirety by
                                                                                                            ACCESS by 5:00 p.m. Eastern Standard                  requested extension of provisional
                                                    instruct CBP to require cash deposits                                                                         measures to a period not more than six
                                                    equal to the above-noted rates, as                      Time, within 30 days after the date of
                                                                                                            publication of this notice. Requests                  months; and (4) no compelling reasons
                                                    follows: (1) The rate for the mandatory                                                                       for denial exist, we are postponing the
                                                    respondents listed above will be the                    should contain the party’s name,
                                                                                                            address, and telephone number, the                    final determination until no later than
                                                    respondent-specific rates we determined                                                                       135 days after the publication of this
                                                    in this preliminary determination; (2) if               number of participants, and a list of the
                                                                                                            issues to be discussed. If a request for              notice in the Federal Register and
                                                    the exporter is not a mandatory                                                                               extending the provisional measures
                                                    respondent identified above, but the                    a hearing is made, the Department
                                                                                                                                                                  from a four-month period to a period
                                                    producer is, the rate will be the specific              intends to hold the hearing at the U.S.
                                                                                                                                                                  not greater than six months.
                                                    rate established for the producer of the                Department of Commerce, 14th Street
                                                                                                                                                                  Accordingly, we will issue our final
                                                    subject merchandise; and (3) the rate for               and Constitution Avenue NW.,
                                                                                                                                                                  determination no later than 135 days
                                                    all other producers or exporters will be                Washington, DC 20230, at a time and
                                                                                                                                                                  after the date of publication of this
                                                    the all-others rate, adjusted as                        date to be determined. Parties should                 preliminary determination, pursuant to
                                                    appropriate for export subsidies. These                 confirm by telephone the date, time, and              section 735(a)(2) of the Act.10
                                                    suspension of liquidation instructions                  location of the hearing two days before
                                                    will remain in effect until further notice.             the scheduled date.                                   International Trade Commission (ITC)
                                                                                                                                                                  Notification
                                                    Disclosure                                              Postponement of Final Determination
                                                      We will disclose the calculations                     and Extension of Provisional Measures                    In accordance with section 733(f) of
                                                    performed to interested parties in this                                                                       the Act, we will notify the ITC of our
                                                                                                               Section 735(a)(2) of the Act provides              affirmative preliminary determination of
                                                    proceeding within five days of the
                                                                                                            that a final determination may be                     sales at LTFV. If our final determination
                                                    announcement of this preliminary
                                                                                                            postponed until not later than 135 days               is affirmative, the ITC will determine
                                                    determination in accordance with 19
                                                                                                            after the date of the publication of the              before the later of 120 days after the date
                                                    CFR 351.224(b).
                                                                                                            preliminary determination if, in the                  of this preliminary determination or 45
                                                    Verification                                            event of an affirmative preliminary                   days after our final determination
                                                      As provided in section 782(i) of the                  determination, a request for such                     whether these imports are materially
                                                    Act, we intend to verify information                    postponement is made by exporters who                 injuring, or threaten material injury to,
                                                    relied upon in making our final                         account for a significant proportion of               the U.S. industry.
                                                    determination.                                          exports of the subject merchandise, or in                This determination is issued and
                                                                                                            the event of a negative preliminary                   published in accordance with sections
                                                    Public Comment                                          determination, a request for such                     733(f) and 777(i)(1) of the Act and 19
                                                      Interested parties are invited to                     postponement is made by the petitioner.               CFR 351.205(c).
                                                    comment on this preliminary                             19 CFR 351.210(e)(2) requires that
                                                    determination. Case briefs or other                     requests by respondents for                              7 See letter from MMZ entitled, ‘‘Heavy Walled
                                                    written comments may be submitted to                    postponement of a final determination                 Rectangular Welded Carbon Steel Pipes and Tubes
                                                    the Assistant Secretary for Enforcement                 be accompanied by a request for                       from the Republic of Turkey: MMZ ONUR BORU
                                                    and Compliance no later than seven                      extension of provisional measures from                PROFIL URETIM SANAYi VE TiC A.S. (MMZ)
                                                                                                                                                                  Request for Postponement of Final Determination,’’
                                                    days after the date on which the final                  a four-month period to a period not                   dated January 21, 2016; and letter from Ozdemir
                                                    verification report is issued in this                   more than six months in duration.                     entitled, ‘‘Antidumping: Heavy Walled Rectangular
                                                    proceeding, and rebuttal briefs, limited                   Respondents MMZ and Ozdemir                        Welded Carbon Steel Pipes and Tubes from the
                                                    to issues raised in case briefs, may be                                                                       Republic of Turkey; Ozdemir Request to Postpone
                                                                                                            requested that, in the event of an                    Final Determination,’’ dated January 26, 2016.
                                                    submitted no later than five days after
                                                                                                            affirmative preliminary determination                    8 The petitioners in this proceeding are Atlas
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                                                    the deadline date for case briefs.6
                                                                                                            in this investigation, the Department                 Tube, a division of JMC Steel Group; Bull Moose
                                                                                                            postpone its final determination by 60                Tube Company; EXLTUBE; Hannibal Industries,
                                                    Circumstances Determination: Bottom Mount                                                                     Inc.; Independence Tube Corporation; Maruichi
                                                    Combination Refrigerator-Freezers From the              days (i.e., to 135 days after publication             American Corporation; Searing Industries;
                                                    Republic of Korea, 77 FR 17413 (March 26, 2012).        of the preliminary determination), and                Southland Tube; and Vest, Inc.
                                                      5 See Memorandum to the File from Rebecca
                                                                                                            agreed to extend the application of the                  9 See letter from the petitioners entitled, ‘‘Heavy

                                                    Trainor, entitled, ‘‘Preliminary Determination          provisional measures prescribed under                 Walled Rectangular Welded Carbon Steel Pipe and
                                                    Calculation of the All Others Rate,’’ dated February                                                          Tubes from Turkey: Request to Extend Final
                                                    22, 2016.                                               section 733(d) of the Act and 19 CFR                  Determination,’’ dated February 4, 2016.
                                                      6 See 19 CFR 351.309.                                 351.210(e)(2), from a four-month period                  10 See 19 CFR 351.210(b)(2) and (e).




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                                                                                   Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices                                                  10585

                                                      Dated: February 22, 2016.                             11. Currency Conversion                               segment of the proceeding have been
                                                    Paul Piquado,                                           [FR Doc. 2016–04512 Filed 2–29–16; 8:45 am]           extended by four business days. The
                                                    Assistant Secretary for Enforcement and                 BILLING CODE 3510–DS–P                                revised deadline for the preliminary
                                                    Compliance.                                                                                                   determination of this investigation is
                                                                                                                                                                  now February 22, 2016. For a complete
                                                    Appendix I
                                                                                                            DEPARTMENT OF COMMERCE                                description of the events that followed
                                                    Scope of the Investigation                                                                                    the initiation of this investigation, see
                                                       The products covered by this investigation           International Trade Administration                    the memorandum that is dated
                                                    are certain heavy walled rectangular welded             [A–580–880]                                           concurrently with this determination
                                                    steel pipes and tubes of rectangular                                                                          and hereby adopted by this notice.3
                                                    (including square) cross section, having a              Heavy Walled Rectangular Welded
                                                    nominal wall thickness of not less than 4
                                                                                                                                                                     The Preliminary Decision
                                                    mm. The merchandise includes, but is not
                                                                                                            Carbon Steel Pipes and Tubes From                     Memorandum is a public document and
                                                    limited to, the American Society for Testing            the Republic of Korea: Preliminary                    is on file electronically via Enforcement
                                                    and Materials (ASTM) A–500, grade B                     Determination of Sales at Less Than                   and Compliance’s Antidumping and
                                                    specifications, or comparable domestic or               Fair Value and Postponement of Final                  Countervailing Duty Centralized
                                                    foreign specifications.                                 Determination                                         Electronic Service System (ACCESS).
                                                       Included products are those in which: (1)                                                                  ACCESS is available to registered users
                                                    Iron predominates, by weight, over each of              AGENCY:   Enforcement and Compliance,
                                                                                                            International Trade Administration,                   at https://access.trade.gov, and to all
                                                    the other contained elements; (2) the carbon
                                                    content is 2 percent or less, by weight; and            Department of Commerce.                               parties in the Central Records Unit,
                                                    (3) none of the elements below exceeds the              SUMMARY: The Department of Commerce
                                                                                                                                                                  room B8024 of the main Department of
                                                    quantity, by weight, respectively indicated:            (Department) preliminarily determines                 Commerce building. In addition, a
                                                    • 2.50 percent of manganese, or                         that heavy walled rectangular welded                  complete version of the Preliminary
                                                    • 3.30 percent of silicon, or                           carbon steel pipes and tubes (HWR                     Decision Memorandum can be found at
                                                    • 1.50 percent of copper, or                            pipes and tubes) from the Republic of                 http://enforcement.trade.gov/frn/. The
                                                    • 1.50 percent of aluminum, or                                                                                signed Preliminary Decision
                                                                                                            Korea (Korea) are being, or are likely to
                                                    • 1.25 percent of chromium, or                                                                                Memorandum and the electronic
                                                    • 0.30 percent of cobalt, or                            be, sold in the United States at less than
                                                                                                            fair value (LTFV), as provided in section             version of the Preliminary Decision
                                                    • 0.40 percent of lead, or                                                                                    Memorandum are identical in content.
                                                    • 2.0 percent of nickel, or                             733(b) of the Tariff Act of 1930, as
                                                    • 0.30 percent of tungsten, or                          amended (the Act). The period of                      Scope of the Investigation
                                                    • 0.80 percent of molybdenum, or                        investigation (POI) is July 1, 2014,
                                                    • 0.10 percent of niobium (also called                  through June 30, 2015. The estimated                     The product covered by this
                                                       columbium), or                                       weighted-average dumping margins of                   investigation is HWR pipes and tubes
                                                    • 0.30 percent of vanadium, or                          sales at LTFV are shown in the                        from Korea. For a full description of the
                                                    • 0.30 percent of zirconium.                                                                                  scope of this investigation, see the
                                                                                                            ‘‘Preliminary Determination’’ section of
                                                    The subject merchandise is currently                    this notice. Interested parties are invited           ‘‘Scope of the Investigation,’’ in
                                                       provided for in item 7306.61.1000 of the                                                                   Appendix I of this notice. No party filed
                                                                                                            to comment on this preliminary
                                                       Harmonized Tariff Schedule of the United                                                                   comments on the scope of this
                                                       States (HTSUS). Subject merchandise may              determination.
                                                                                                                                                                  investigation.
                                                       also enter under HTSUS 7306.61.3000.                 DATES:   Effective: March 1, 2016.
                                                       While the HTSUS subheadings and ASTM                 FOR FURTHER INFORMATION CONTACT:                      Methodology
                                                       specification are provided for convenience
                                                       and customs purposes, the written
                                                                                                            Elizabeth Eastwood or Alice                             The Department is conducting this
                                                       description of the scope of this                     Maldonado, AD/CVD Operations, Office                  investigation in accordance with section
                                                       investigation is dispositive.                        II, Enforcement and Compliance,                       731 of the Act. There are two mandatory
                                                                                                            International Trade Administration,                   respondents participating in this
                                                    Appendix II                                             U.S. Department of Commerce, 14th                     investigation: Dong-A Steel Company
                                                    List of Topics Discussed in the Preliminary             Street and Constitution Avenue NW.,                   (DOSCO) and HiSteel Co., Ltd (HiSteel).
                                                    Decision Memorandum                                     Washington, DC 20230; telephone: (202)                Export price and, where appropriate,
                                                    1. Summary                                              482–3874 or (202) 482–4682,                           constructed export price for these
                                                    2. Background                                           respectively.                                         companies are calculated in accordance
                                                    3. Period of Investigation                              SUPPLEMENTARY INFORMATION:                            with section 772 of the Act. Normal
                                                    4. Postponement of Final Determination and                                                                    value (NV) is calculated in accordance
                                                          Extension of Provisional Measures                 Background                                            with section 773 of the Act. For a full
                                                    5. Scope Comments
                                                    6. Discussion of the Methodology                          The Department initiated this                       description of the methodology
                                                       a. Determination of the Comparison                   investigation on August 10, 2015.1 As                 underlying our preliminary conclusions,
                                                          Method                                            explained in the memorandum from the                  see the Preliminary Decision
                                                       b. Results of the Differential Pricing               Acting Assistant Secretary for                        Memorandum.
                                                          Analysis                                          Enforcement and Compliance, the
                                                    7. Date of Sale                                         Department has exercised its discretion               Compliance, regarding ‘‘Tolling of Administrative
                                                    8. Product Comparisons                                  to toll all administrative deadlines due              Deadlines As a Result of the Government Closure
                                                    9. Export Price                                                                                               During Snowstorm Jonas,’’ dated January 27, 2016.
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                                                                                                            to the recent closure of the Federal
                                                    10. Normal Value                                        Government.2 All deadlines in this
                                                                                                                                                                    3 See Memorandum from Christian Marsh, Deputy

                                                       a. Home Market Viability                                                                                   Assistant Secretary for Antidumping and
                                                       b. Level of Trade                                                                                          Countervailing Duty Operations, to Paul Piquado,
                                                                                                              1 See Heavy Walled Rectangular Welded Carbon
                                                       c. Cost of Production (COP) Analysis                                                                       Assistant Secretary for Enforcement and
                                                                                                            Steel Pipes and Tubes from the Republic of Korea,     Compliance, entitled ‘‘Decision Memorandum for
                                                       1. Calculation of COP                                Mexico, and the Republic of Turkey: Initiation of     the Preliminary Determination in the Antidumping
                                                       2. Test of Comparison Market Sales Prices            Less-Than-Fair-Value Investigations, 80 FR 49202      Duty Investigation of Heavy Walled Rectangular
                                                       3. Results of the COP Test                           (August 17, 2015).                                    Welded Carbon Steel Pipes and Tubes from the
                                                       d. Calculation of NV Based on Comparison               2 See Memorandum to the Record from Ron             Republic of Korea’’ (Preliminary Decision
                                                          Market Prices                                     Lorentzen, Acting A/S for Enforcement &               Memorandum), dated concurrently with this notice.



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Document Created: 2018-02-02 14:59:55
Document Modified: 2018-02-02 14:59:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective Date: March 1, 2016.
ContactRoss Belliveau or Rebecca Trainor, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4952 or (202) 482-4007, respectively.
FR Citation81 FR 10583 

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