81_FR_10625 81 FR 10585 - Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination

81 FR 10585 - Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Korea: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range10585-10587
FR Document2016-04520

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 Korea (Korea) 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 10585-10587]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04520]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-880]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Department) preliminarily 
determines that heavy walled rectangular welded carbon steel pipes and 
tubes (HWR pipes and tubes) from the Republic of Korea (Korea) 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: March 1, 2016.

FOR FURTHER INFORMATION CONTACT: Elizabeth Eastwood or Alice Maldonado, 
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-
3874 or (202) 482-4682, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department initiated this investigation on August 10, 2015.\1\ 
As explained in the memorandum from the Acting Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll all administrative deadlines due to the recent closure of the 
Federal Government.\2\ 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. 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.\3\
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    \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).
    \2\ 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.
    \3\ 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 Korea'' 
(Preliminary Decision Memorandum), dated concurrently with this 
notice.
---------------------------------------------------------------------------

    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.

Scope of the Investigation

    The product covered by this investigation is HWR pipes and tubes 
from Korea. 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: Dong-A Steel Company (DOSCO) and 
HiSteel Co., Ltd (HiSteel). Export price and, where appropriate, 
constructed export price for these companies are calculated in 
accordance with section 772 of the Act. Normal value (NV) is calculated 
in accordance with section 773 of the Act. For a full description of 
the methodology underlying our preliminary conclusions, see the 
Preliminary Decision Memorandum.

[[Page 10586]]

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 based our calculation of the all-others 
rate on the weighted-average of the margins calculated for DOSCO and 
HiSteel using publicly-ranged data. Because we cannot apply our normal 
methodology of calculating a weighted-average margin due to requests to 
protect business-proprietary information, we find this rate to be the 
best proxy of the actual weighted-average margin determined for these 
respondents.\4\ For further discussion of this calculation, see the 
memorandum entitled ``Heavy Walled Rectangular Welded Carbon Steel 
Pipes and Tubes from the Republic of Korea: Calculation of the 
Preliminary Margin for All Other Companies,'' dated concurrently with 
this notice.
---------------------------------------------------------------------------

    \4\ See, e.g., Welded Line Pipe from the Republic of Turkey: 
Final Determination of Sales at Less Than Fair Value, 80 FR 61362, 
61363 (October 13, 2015).
---------------------------------------------------------------------------

Preliminary Determination

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter/manufacturer                       dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Dong-A Steel Company........................................        2.53
HiSteel Co., Ltd............................................        3.81
All Others..................................................        3.31
------------------------------------------------------------------------

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 Korea, as described in Appendix I 
of this notice, which are entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice in the 
Federal Register.
    Pursuant to section 733(d) of the Act and 19 CFR 351.205(d), we 
will instruct CBP to require cash deposits \5\ equal to the weighted-
average amount by which the NV exceeds U.S. price, as indicated in the 
chart above, 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. These suspension of liquidation instructions will remain 
in effect until further notice.
---------------------------------------------------------------------------

    \5\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
---------------------------------------------------------------------------

Disclosure

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

Verification

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

Public Comment

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

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

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing 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 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 DOSCO and HiSteel requested that, in the event of an 
affirmative preliminary determination in this investigation, the 
Department postpone the 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 DOSCO entitled, ``Heavy Walled Rectangular 
Welded Carbon Steel Pipes and Tubes from the Republic of Korea: 
Request for Extension of Time for the Department's Final 
Determination,'' dated January 13, 2016; and letter from HiSteel 
entitled, ``Heavy Walled Rectangular Welded Carbon Steel Pipes and 
Tubes from the Republic of Korea: Request for the Department's Final 
Determination Extension of Deadline,'' dated February 8, 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 Korea: Request 
to Postpone Final Determination,'' dated February 4, 2016.

---------------------------------------------------------------------------

[[Page 10587]]

    In accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because (1) our preliminary determination is 
affirmative; (2) the requesting exporters account for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, we are postponing the final determination 
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 are notifying the 
ITC of our affirmative preliminary determination of sales at LTFV. If 
our final determination is affirmative, the ITC will determine before 
the later of 120 days after the date of this preliminary determination 
or 45 days after our final determination whether these imports are 
materially injuring, or threaten material injury to, the U.S. industry.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

     Dated: 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 Methodology
    a. Determination of the Comparison Method
    b. Results of the Differential Pricing Analysis
7. Date of Sale
8. Product Comparisons
9. Export Price/Constructed Export Price
10. Normal Value
    a. Home Market Viability
    b. Affiliated-Party Transactions and Arm's Length Test
    c. Level of Trade
    d. Cost of Production Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    e. Calculation of NV Based on Comparison Market Prices
11. Currency Conversion
12. Conclusion

[FR Doc. 2016-04520 Filed 2-29-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                   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.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            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.



                                               VerDate Sep<11>2014   20:18 Feb 29, 2016   Jkt 238001   PO 00000   Frm 00021   Fmt 4703   Sfmt 4703   E:\FR\FM\01MRN1.SGM   01MRN1


                                                    10586                          Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices

                                                    All-Others Rate                                         the weighted-average amount by which                  issues to be discussed. If a request for
                                                       Consistent with sections                             the NV exceeds U.S. price, as indicated               a hearing is made, the Department
                                                    733(d)(1)(A)(ii) and 735(c)(5) of the Act,              in the chart above, as follows: (1) The               intends to hold the hearing at the U.S.
                                                    the Department also calculated an                       rate for the mandatory respondents                    Department of Commerce, 14th Street
                                                    estimated all-others rate. Section                      listed above will be the respondent-                  and Constitution Avenue NW.,
                                                    735(c)(5)(A) of the Act provides that the               specific rates we determined in this                  Washington, DC 20230, at a time and
                                                    estimated all-others rate shall be an                   preliminary determination; (2) if the                 date to be determined. Parties should
                                                    amount equal to the weighted average of                 exporter is not a mandatory respondent                confirm by telephone the date, time, and
                                                    the estimated weighted-average                          identified above, but the producer is,                location of the hearing two days before
                                                    dumping margins established for                         the rate will be the specific rate                    the scheduled date.
                                                    exporters and producers individually                    established for the producer of the
                                                                                                                                                                  Postponement of Final Determination
                                                    investigated, excluding any zero and de                 subject merchandise; and (3) the rate for
                                                                                                                                                                  and Extension of Provisional Measures
                                                    minimis margins, and any margins                        all other producers or exporters will be
                                                                                                            the all others rate. These suspension of                 Section 735(a)(2) of the Act provides
                                                    determined entirely under section 776                                                                         that a final determination may be
                                                                                                            liquidation instructions will remain in
                                                    of the Act.                                                                                                   postponed until not later than 135 days
                                                       In this investigation, we based our                  effect until further notice.
                                                                                                                                                                  after the date of the publication of the
                                                    calculation of the all-others rate on the               Disclosure                                            preliminary determination if, in the
                                                    weighted-average of the margins                           We will disclose the calculations                   event of an affirmative preliminary
                                                    calculated for DOSCO and HiSteel using                  performed to interested parties in this               determination, a request for such
                                                    publicly-ranged data. Because we                        proceeding within five days of the date               postponement is made by exporters who
                                                    cannot apply our normal methodology                     of publication of this notice in                      account for a significant proportion of
                                                    of calculating a weighted-average                       accordance with 19 CFR 351.224(b).                    exports of the subject merchandise, or in
                                                    margin due to requests to protect                                                                             the event of a negative preliminary
                                                    business-proprietary information, we                    Verification
                                                                                                                                                                  determination, a request for such
                                                    find this rate to be the best proxy of the                As provided in section 782(i) of the                postponement is made by the petitioner.
                                                    actual weighted-average margin                          Act, we intend to verify information                  19 CFR 351.210(e)(2) requires that
                                                    determined for these respondents.4 For                  relied upon in making our final                       requests by respondents for
                                                    further discussion of this calculation,                 determination.                                        postponement of a final determination
                                                    see the memorandum entitled ‘‘Heavy                                                                           be accompanied by a request for
                                                    Walled Rectangular Welded Carbon                           Public Comment
                                                                                                                                                                  extension of provisional measures from
                                                    Steel Pipes and Tubes from the Republic                      Interested parties are invited to                a four-month period to a period not
                                                    of Korea: Calculation of the Preliminary                   comment on this preliminary                        more than six months in duration.
                                                    Margin for All Other Companies,’’ dated                    determination. Case briefs or other                   Respondents DOSCO and HiSteel
                                                    concurrently with this notice.                             written comments may be submitted to               requested that, in the event of an
                                                                                                               the Assistant Secretary for Enforcement            affirmative preliminary determination
                                                    Preliminary Determination                                  and Compliance no later than seven                 in this investigation, the Department
                                                       The Department preliminarily                            days after the date on which the final             postpone the final determination by 60
                                                    determines that the following weighted- verification report is issued in this                                 days (i.e., to 135 days after publication
                                                    average dumping margins exist:                             proceeding, and rebuttal briefs, limited           of the preliminary determination), and
                                                                                                               to issues raised in case briefs, may be            agreed to extend the application of the
                                                                                                    Weighted- submitted no later than five days after
                                                                                                     average                                                      provisional measures prescribed under
                                                          Exporter/manufacturer                     dumping
                                                                                                               the deadline date for case briefs.6                section 733(d) of the Act and 19 CFR
                                                                                                      margin   Pursuant   to 19 CFR 351.309(c)(2) and             351.210(e)(2), from a four-month period
                                                                                                    (percent)  (d)(2), parties who submit case briefs or          to a period not to exceed six months.7
                                                                                                               rebuttal briefs in this proceeding are             In addition, the petitioners 8 also
                                                    Dong-A Steel Company ..............                   2.53 encouraged to submit with each
                                                                                                                                                                  requested that, in the event of a negative
                                                    HiSteel Co., Ltd ..........................           3.81 argument: (1) A statement of the issue;
                                                    All Others ....................................       3.31 (2) a brief summary of the argument;               preliminary determination, the
                                                                                                                                                                  Department postpone its final
                                                                                                               and (3) a table of authorities.                    determination to 135 days after the date
                                                    Suspension of Liquidation                                    Pursuant to 19 CFR 351.310(c),                   of publication of the preliminary
                                                       In accordance with section 733(d)(2)                    interested parties who wish to request a           determination.9
                                                    of the Act, we will direct U.S. Customs                    hearing must submit a written request to
                                                    and Border Protection (CBP) to suspend the Assistant Secretary for Enforcement                                   7 See letter from DOSCO entitled, ‘‘Heavy Walled

                                                    liquidation of all entries of subject                      and Compliance, U.S. Department of                 Rectangular Welded Carbon Steel Pipes and Tubes
                                                    merchandise from Korea, as described                       Commerce. All documents must be filed              from the Republic of Korea: Request for Extension
                                                                                                                                                                  of Time for the Department’s Final Determination,’’
                                                    in Appendix I of this notice, which are                    electronically using ACCESS. An                    dated January 13, 2016; and letter from HiSteel
                                                    entered, or withdrawn from warehouse, electronically-filed request must be                                    entitled, ‘‘Heavy Walled Rectangular Welded
                                                    for consumption on or after the date of                    received successfully in its entirety by           Carbon Steel Pipes and Tubes from the Republic of
                                                                                                                                                                  Korea: Request for the Department’s Final
                                                    publication of this notice in the Federal ACCESS by 5:00 p.m. Eastern Time,                                   Determination Extension of Deadline,’’ dated
                                                    Register.                                                  within 30 days after the date of
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                  February 8, 2016.
                                                       Pursuant to section 733(d) of the Act                   publication of this notice. Requests                  8 The petitioners in this proceeding are Atlas

                                                    and 19 CFR 351.205(d), we will instruct should contain the party’s name,                                      Tube, a division of JMC Steel Group; Bull Moose
                                                    CBP to require cash deposits 5 equal to                    address, and telephone number, the                 Tube Company; EXLTUBE; Hannibal Industries,
                                                                                                                                                                  Inc.; Independence Tube Corporation; Maruichi
                                                                                                               number of participants, and a list of the          American Corporation; Searing Industries;
                                                      4 See, e.g., Welded Line Pipe from the Republic of
                                                                                                                                                                  Southland Tube; and Vest, Inc.
                                                    Turkey: Final Determination of Sales at Less Than       Measures Period in Antidumping and                       9 See letter from the petitioners entitled, ‘‘Heavy
                                                    Fair Value, 80 FR 61362, 61363 (October 13, 2015).      Countervailing Duty Investigations, 76 FR 61042       Walled Rectangular Welded Carbon Steel Pipe and
                                                      5 See Modification of Regulations Regarding the       (October 3, 2011).                                    Tubes from Korea: Request to Postpone Final
                                                    Practice of Accepting Bonds During the Provisional        6 See 19 CFR 351.309.                               Determination,’’ dated February 4, 2016.



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                                                                                     Federal Register / Vol. 81, No. 40 / Tuesday, March 1, 2016 / Notices                                                  10587

                                                       In accordance with section                             •  2.0 percent of nickel, or                          States at less than fair value (LTFV), as
                                                    735(a)(2)(A) of the Act and 19 CFR                        •  0.30 percent of tungsten, or                       provided in section 733(b) of the Tariff
                                                    351.210(b)(2)(ii), because (1) our                        •  0.80 percent of molybdenum, or                     Act of 1930, as amended (the Act). The
                                                                                                              •  0.10 percent of niobium (also called
                                                    preliminary determination is                                                                                    period of investigation (POI) is July 1,
                                                                                                                 columbium), or
                                                    affirmative; (2) the requesting exporters                 • 0.30 percent of vanadium, or                        2014, through June 30, 2015. The
                                                    account for a significant proportion of                   • 0.30 percent of zirconium.                          estimated weighted-average dumping
                                                    exports of the subject merchandise; and                      The subject merchandise is currently               margins of sales at LTFV are shown in
                                                    (3) no compelling reasons for denial                      provided for in item 7306.61.1000 of the              the ‘‘Preliminary Determination’’
                                                    exist, we are postponing the final                        Harmonized Tariff Schedule of the United              section of this notice. Interested parties
                                                    determination until no later than 135                     States (HTSUS). Subject merchandise may               are invited to comment on this
                                                    days after the publication of this notice                 also enter under HTSUS 7306.61.3000. While            preliminary determination.
                                                    in the Federal Register and extending                     the HTSUS subheadings and ASTM                        DATES: Effective Date: March 1, 2016.
                                                    the provisional measures from a four-                     specification are provided for convenience
                                                                                                                                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                              and customs purposes, the written
                                                    month period to a period not greater                      description of the scope of this investigation        Blaine Wiltse or David Crespo, AD/CVD
                                                    than six months. Accordingly, we will                     is dispositive.                                       Operations, Office II, Enforcement and
                                                    issue our final determination no later                                                                          Compliance, International Trade
                                                    than 135 days after the date of                           Appendix II                                           Administration, U.S. Department of
                                                    publication of this preliminary                           List of Topics Discussed in the Preliminary           Commerce, 14th Street and Constitution
                                                    determination, pursuant to section                        Decision Memorandum                                   Avenue NW., Washington, DC 20230;
                                                    735(a)(2) of the Act.10                                   1. Summary                                            telephone: (202) 482–6345 or (202) 482–
                                                    International Trade Commission (ITC)                      2. Background                                         3693, respectively.
                                                                                                              3. Period of Investigation                            SUPPLEMENTARY INFORMATION:
                                                    Notification
                                                                                                              4. Postponement of Final Determination and
                                                       In accordance with section 733(f) of                         Extension of Provisional Measures               Background
                                                    the Act, we are notifying the ITC of our                  5. Scope Comments                                        The Department initiated this
                                                    affirmative preliminary determination of                  6. Discussion of Methodology                          investigation on August 10, 2015.1 As
                                                    sales at LTFV. If our final determination                    a. Determination of the Comparison
                                                                                                                    Method
                                                                                                                                                                    explained in the memorandum from the
                                                    is affirmative, the ITC will determine                                                                          Acting Assistant Secretary for
                                                                                                                 b. Results of the Differential Pricing
                                                    before the later of 120 days after the date                     Analysis                                        Enforcement & Compliance, the
                                                    of this preliminary determination or 45                   7. Date of Sale                                       Department has exercised its discretion
                                                    days after our final determination                        8. Product Comparisons                                to toll all administrative deadlines due
                                                    whether these imports are materially                      9. Export Price/Constructed Export Price              to the recent closure of the Federal
                                                    injuring, or threaten material injury to,                 10. Normal Value                                      Government. All deadlines in this
                                                    the U.S. industry.                                           a. Home Market Viability                           segment of the proceeding have been
                                                       This determination is issued and                          b. Affiliated-Party Transactions and Arm’s
                                                                                                                                                                    extended by four business days. The
                                                    published in accordance with sections                           Length Test
                                                                                                                 c. Level of Trade                                  revised deadline for the preliminary
                                                    733(f) and 777(i)(1) of the Act and 19                       d. Cost of Production Analysis                     determination of this investigation is
                                                    CFR 351.205(c).                                              1. Calculation of COP                              now February 22, 2016.2 For a complete
                                                      Dated: February 22, 2016.                                  2. Test of Comparison Market Sales Prices          description of the events that followed
                                                    Paul Piquado,                                                3. Results of the COP Test                         the initiation of this investigation, see
                                                                                                                 e. Calculation of NV Based on Comparison           the memorandum that is dated
                                                    Assistant Secretary for Enforcement and                         Market Prices
                                                    Compliance.                                                                                                     concurrently with this determination
                                                                                                              11. Currency Conversion                               and hereby adopted by this notice.3 A
                                                    Appendix I                                                12. Conclusion
                                                                                                                                                                    list of topics included in the
                                                                                                              [FR Doc. 2016–04520 Filed 2–29–16; 8:45 am]           Preliminary Decision Memorandum is
                                                    Scope of the Investigation
                                                       The products covered by this investigation
                                                                                                              BILLING CODE 3510–DS–P                                included as Appendix II to this notice.
                                                    are certain heavy walled rectangular welded                                                                        The Preliminary Decision
                                                    steel pipes and tubes of rectangular                                                                            Memorandum is a public document and
                                                    (including square) cross section, having a
                                                                                                              DEPARTMENT OF COMMERCE                                is on file electronically via Enforcement
                                                    nominal wall thickness of not less than 4                                                                       and Compliance’s Antidumping and
                                                    mm. The merchandise includes, but is not
                                                                                                              International Trade Administration
                                                                                                                                                                    Countervailing Duty Centralized
                                                    limited to, the American Society for Testing              [A–201–847]
                                                    and Materials (ASTM) A–500, grade B                                                                               1 See Heavy Walled Rectangular Welded Carbon
                                                    specifications, or comparable domestic or                 Heavy Walled Rectangular Welded                       Steel Pipes and Tubes from the Republic of Korea,
                                                    foreign specifications.                                   Carbon Steel Pipes and Tubes From                     Mexico, and the Republic of Turkey: Initiation of
                                                       Included products are those in which: (1)              Mexico: Affirmative Preliminary                       Less-Than-Fair-Value Investigations, 80 FR 49202
                                                    Iron predominates, by weight, over each of                                                                      (August 17, 2015) (Initiation Notice).
                                                                                                              Determination of Sales at Less Than                     2 See Memorandum to the Record from Ron
                                                    the other contained elements; (2) the carbon
                                                    content is 2 percent or less, by weight; and              Fair Value and Postponement of Final                  Lorentzen, Acting A/S for Enforcement &
                                                    (3) none of the elements below exceeds the                Determination                                         Compliance, regarding ‘‘Tolling of Administrative
                                                                                                                                                                    Deadlines As a Result of the Government Closure
                                                    quantity, by weight, respectively indicated:              AGENCY:   Enforcement and Compliance,                 During Snowstorm Jonas,’’ dated January 27, 2016.
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    • 2.50 percent of manganese, or                           International Trade Administration,                     3 See Memorandum from Christian Marsh, Deputy

                                                    • 3.30 percent of silicon, or                             Department of Commerce.                               Assistant Secretary for Antidumping and
                                                    • 1.50 percent of copper, or                                                                                    Countervailing Duty Operations, to Paul Piquado,
                                                    • 1.50 percent of aluminum, or                            SUMMARY: The Department of Commerce                   Assistant Secretary for Enforcement and
                                                    • 1.25 percent of chromium, or                            (Department) preliminarily determines                 Compliance, entitled ‘‘Decision Memorandum for
                                                                                                              that heavy walled rectangular welded                  the Preliminary Determination in the Antidumping
                                                    • 0.30 percent of cobalt, or
                                                                                                                                                                    Duty Investigation of Heavy Walled Rectangular
                                                    • 0.40 percent of lead, or                                carbon steel pipes and tubes (HWR                     Welded Carbon Steel Pipes and Tubes from
                                                                                                              pipes and tubes) from Mexico are being,               Mexico’’ (Preliminary Decision Memorandum),
                                                      10 See   19 CFR 351.210(b)(2) and (e).                  or are likely to be, sold in the United               dated concurrently with this notice.



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Document Created: 2018-02-02 15:00:12
Document Modified: 2018-02-02 15:00:12
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: March 1, 2016.
ContactElizabeth Eastwood or Alice Maldonado, 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- 3874 or (202) 482-4682, respectively.
FR Citation81 FR 10585 

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