81_FR_20687 81 FR 20619 - Circular Welded Carbon-Quality Steel Pipe From Pakistan: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination

81 FR 20619 - Circular Welded Carbon-Quality Steel Pipe From Pakistan: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 68 (April 8, 2016)

Page Range20619-20622
FR Document2016-08147

The U.S. Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to exporters/producers of circular welded carbon-quality steel pipe (circular welded pipe) from Pakistan. The period of investigation (POI) is July 1, 2014, through June 30, 2015.\1\ Interested parties are invited to comment on this preliminary determination. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 68 (Friday, April 8, 2016) 
[Federal Register Volume 81, Number 68 (Friday, April 8, 2016)]
[Notices]
[Pages 20619-20622]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08147]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-535-904]


Circular Welded Carbon-Quality Steel Pipe From Pakistan: 
Preliminary Affirmative Countervailing Duty Determination and Alignment 
of Final Countervailing Duty Determination With Final Antidumping Duty 
Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce.
SUMMARY: The U.S. Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are being provided to 
exporters/producers of circular welded carbon-quality steel pipe 
(circular welded pipe) from Pakistan. The period of investigation (POI) 
is July 1, 2014, through June 30, 2015.\1\ Interested parties are 
invited to

[[Page 20620]]

comment on this preliminary determination.
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    \1\ Pursuant to 19 CFR 351.204(b)(2), the Department's 
Initiation Notice stated that the POI was January 1, 2014, through 
December 31, 2014. See Circular Welded Carbon-Quality Steel Pipe 
from Pakistan: Initiation of Countervailing Duty Investigation, 80 
FR 73704 (November 25, 2015) (Initiation Notice). The Department, 
however, identified public information supporting the conclusion 
that both the Government of Pakistan (the GOP) and the sole company 
selected for individual examination (i.e., the mandatory 
respondent), International Industries Limited (IIL), operate 
according to an annual fiscal year beginning on July 1 and ending on 
June 30. See Department Memorandum, ``Countervailing Duty 
Investigation of Circular Welded Carbon-Quality Steel Pipe from 
Pakistan: Period of Investigation,'' December 16, 2015 (POI 
Memorandum); see also Letter from the Department, ``Countervailing 
Duty Investigation of Circular Welded Carbon-Quality Steel Pipe from 
Pakistan: Countervailing Duty Questonnaire,'' December 16, 2015 (CVD 
Questionnaire), at I-4. Therefore, consistent with 19 CFR 
351.204(b)(2), we determined that July 1, 2014, through June 30, 
2015, is the appropriate POI for this proceeding. See POI 
Memorandum; see also CVD Questionnaire at I-4. Although the 
Department provided interested parties with the opportunity to 
comment on the modified POI, we received no comments.

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DATES: Effective April 8, 2016.

FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3857.

SUPPLEMENTARY INFORMATION:

Alignment of Final Countervailing Duty Determination With Final 
Antidumping Duty Determination

    On the same day that the Department initiated this countervailing 
duty (CVD) investigation, the Department also initiated an antidumping 
duty (AD) investigation of circular welded pipe from Pakistan.\2\ The 
AD and CVD investigations cover the same class or kind of merchandise 
from the same country. On March 29, 2016, in accordance with section 
705(a)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 
351.210(b)(4), Bull Moose Tube Company, EXLTUBE, Wheatland Tube 
Company, and Western Tube and Conduit (collectively, Petitioners) 
requested alignment of the final CVD determination with the final AD 
determination regarding circular welded pipe from Paksitan.\3\ 
Therefore, in accordance with section 705(a)(1) of the Act and 19 CFR 
351.210(b)(4), we are aligning the final CVD determination in this 
investigation with the final determination in the companion AD 
investigation of circular welded pipe from Pakistan. Consequently, the 
final CVD determination will be issued on the same date as the final AD 
determination, which is currently due no later than August 15, 2016.
---------------------------------------------------------------------------

    \2\ See Initiation Notice, 80 FR at 73704; see also See Circular 
Welded Carbon-Quality Steel Pipe from the Sultanate of Oman, 
Pakistan, the Philippines, the United Arab Emirates, and the 
Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value 
Investigations, 80 FR 73708 (November 25, 2015).
    \3\ See Letter from Petitioners, ``Circular Welded Carbon-
Quality Steel Pipe from Pakistan: Request for Alignment,'' March 29, 
2016.
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is circular welded pipe 
from Pakistan. Interested parties filed comments regarding the scope of 
the investigation, which resulted in one clarification to the scope 
language and are addressed, in detail, in the Department's Preliminary 
Scope Decision Memorandum.\4\ For a full description of the scope of 
the investigation, see Appendix I to this notice.
---------------------------------------------------------------------------

    \4\ See Department Memorandum, ``Antidumping Duty Investigations 
of Circular Welded Carbon-Quality Steel Pipe from the Sultanate of 
Oman, Pakistan, the United Arab Emirates, and the Socialist Republic 
of Vietnam and Countervailing Duty Investigation of Circular Welded 
Carbon-Quality Steel Pipe form Pakistan; Scope Comments Decision 
Memorandum for the Preliminary Determination,'' dated concurrently 
with and hereby adopted by this notice (Preliminary Scope Decision 
Memorandum).
---------------------------------------------------------------------------

Methodology

    The Department is conducting this countervailing duty investigation 
in accordance with section 701 of the Act. We preliminarily determine 
that, for each of the programs found countervailable, there is a 
subsidy (i.e., a financial contribution by an ``authority,'' giving 
rise to a benefit to the recipient) and that the subsidy is specific. 
For a full description of the methodology underlying the Department's 
preliminary conclusions, see the Preliminary Decision Memorandum.\5\ 
The Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
to all parties in the Central Records Unit, Room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \5\ See Department Memorandum, ``Circular Welded Carbon-Quality 
Steel Pipe from Pakistan: Preliminary Affirmative Countervailing 
Duty Determination Decision Memorandum,'' dated concurrently with 
and hereby adopted by this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

    For this preliminary determination, pursuant to section 776(a) of 
the Act, the Department relied on facts otherwise available because 
necessary information is not available on the record.\6\ Furthermore, 
the GOP and IIL failed to provide information requested by the 
Department. By refusing to participate as respondents, IIL and the GOP 
significantly impeded the Department's investigation.\7\ Because the 
GOP and IIL are uncooperative (i.e., they did not act to the best of 
their ability to respond to the Department's requests for necessary 
information), the Department has drawn an adverse inference in 
selecting information from facts otherwise available, in accordance 
with section 776(b) of the Act. Specifically, the Department applied an 
adverse inference to find that the programs on which the Department 
initiated the investigation are countervailable. The Department has 
also applied an adverse inference in its calculation of an estimated ad 
valorem countervailable subsidy rate for IIL. Additional information is 
provided in the ``Use of Facts Otherwise Available and Adverse 
Inferences'' section of the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \6\ See section 776(a)(1) of the Act.
    \7\ See section 776(a)(2)(B)-(C) of the Act.
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    A complete list of topics discussed in the Preliminary Decision 
Memorandum can be found at Appendix II to this notice.

Preliminary Determination and Suspension of Liquidation

    In accordance with sections 776(a) and (b) of the Act, the 
Department applied facts otherwise available, with adverse inferences, 
to determine a countervailable subsidy rate for the non-cooperative 
mandatory respondent, IIL. With respect to the ``all-others'' rate, 
section 705(c)(5)(A)(ii) of the Act provides that, if the 
countervailable subsidy rates established for all individually-
investigated exporters/producers are determined entirely under section 
776 of the Act (i.e., based entirely on facts otherwise available), the 
Department may use any reasonable method to establish an all-others 
rate for exporters/producers not individually-examined. In this case, 
as noted above, the countervailable subsidy rate assigned to IIL is 
based entirely on facts otherwise available under section 776 of the 
Act. There is no other information on the record upon which to 
determine an all-others rate. As a result, under section 
705(c)(5)(A)(ii) of the Act, we are assigning IIL's rate as the all-
others rate. This method is consistent with the Department's 
established practice.\8\
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    \8\ See, e.g., Grain-Oriented Electrical Steel from the People's 
Republic of China: Final Affirmative Countervailing Duty 
Determination, 79 FR 59221 (October 1, 2014), and accompanying 
Issues and Decision Memorandum at Comment 1 (assigning the sole 
mandatory respondent's rate, which was based on AFA, as the all-
others rate); see also Circular Welded Carbon-Quality Steel Pipe 
from India: Final Affirmative Countervailing Duty Determination, 77 
FR 64468, 64470 (October 22, 2012) (averaging two total AFA 
respondents' rates together to determine the all-others rate); 
Certain Potassium Phosphate Sales from the People's Republic of 
China: Final Affirmative Countervailing Duty Determination and 
Termination of Critical Circumstances Inquiry, 75 FR 30375 (June 1, 
2010) (assigning the rate for three total AFA companies as the all-
others rate).

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[[Page 20621]]

    We preliminarily determine estimated countervailable subsidy rates 
as follows:

------------------------------------------------------------------------
                                                                Subsidy
                      Exporter/producer                          rate
                                                               (percent)
------------------------------------------------------------------------
International Industries Limited............................       64.81
All-Others..................................................       64.81
------------------------------------------------------------------------

    In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we 
are directing U.S. Customs and Border Protection to suspend liquidation 
of all entries of circular welded pipe from Pakistan, as described in 
the ``Scope of the Investigation,'' that are entered, or withdrawn from 
warehouse, for consumption on or after the date of the publication of 
this notice in the Federal Register, and to require a cash deposit for 
such entries of merchandise in the amounts indicated above.

Disclosure and Public Comment

    Because the Department has reached its conclusions on the basis of 
adverse facts available, the calculations performed in connection with 
this preliminary determination are not proprietary in nature and are 
described in the Preliminary Decision Memorandum. Interested parties 
may submit case and rebuttal briefs, as well as request a hearing.\9\ 
For a schedule of the deadlines for filing case briefs, rebuttal 
briefs, and hearing requests for non-scope issues, see the Preliminary 
Decision Memorandum. For a schedule of the deadlines for filing case 
briefs, rebuttal briefs, and hearing request regarding scope issues, 
see the Preliminary Scope Decision Memorandum.
---------------------------------------------------------------------------

    \9\ See 19 CFR351.309(c)-(d), 19 CFR 351.310(c); see also 19 CFR 
351.303 (for general filing requirements).
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International Trade Commission Notification

    In accordance with section 703(f) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of our determination. In 
addition, we are making all non-privileged and non-proprietary 
information relating to this investigation available to the ITC. We 
will allow the ITC access to all privileged and business proprietary 
information in our files, provided that the ITC confirms that it will 
not disclose such information, either publicly or under an 
administrative protective order, without the written consent of the 
Assistant Secretary for Enforcement and Compliance.
    In accordance with section 705(b)(2) of the Act, if our final 
determination is affirmative, the ITC will make its final determination 
no more than 45 days after the Department makes its final 
determination.
    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: April 1, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    This investigation covers welded carbon-quality steel pipes and 
tube, of circular cross-section, with an outside diameter (O.D.) not 
more than nominal 16 inches (406.4 mm), regardless of wall 
thickness, surface finish (e.g., black, galvanized, or painted), end 
finish (plain end, beveled end, grooved, threaded, or threaded and 
coupled), or industry specification (e.g., American Society for 
Testing and Materials International (ASTM), proprietary, or other), 
generally known as standard pipe, fence pipe and tube, sprinkler 
pipe, and structural pipe (although subject product may also be 
referred to as mechanical tubing). Specifically, the term ``carbon 
quality'' includes products in which:
    (a) Iron predominates, by weight, over each of the other 
contained elements;
    (b) the carbon content is 2 percent or less, by weight; and
    (c) none of the elements listed below exceeds the quantity, by 
weight, as indicated:
    (i) 1.80 percent of manganese;
    (ii) 2.25 percent of silicon;
    (iii) 1.00 percent of copper;
    (iv) 0.50 percent of aluminum;
    (v) 1.25 percent of chromium;
    (vi) 0.30 percent of cobalt;
    (vii) 0.40 percent of lead;
    (viii) 1.25 percent of nickel;
    (ix) 0.30 percent of tungsten;
    (x) 0.15 percent of molybdenum;
    (xi) 0.10 percent of niobium;
    (xii) 0.41 percent of titanium;
    (xiii) 0.15 percent of vanadium; or
    (xiv) 0.15 percent of zirconium.
    Covered products are generally made to standard O.D. and wall 
thickness combinations. Pipe multi-stenciled to a standard and/or 
structural specification and to other specifications, such as 
American Petroleum Institute (API) API-5L specification, may also be 
covered by the scope of these investigations. In particular, such 
multi-stenciled merchandise is covered when it meets the physical 
description set forth above, and also has one or more of the 
following characteristics: is 32 feet in length or less; is less 
than 2.0 inches (50 mm) in outside diameter; has a galvanized and/or 
painted (e.g., polyester coated) surface finish; or has a threaded 
and/or coupled end finish.
    Standard pipe is ordinarily made to ASTM specifications A53, 
A135, and A795, but can also be made to other specifications. 
Structural pipe is made primarily to ASTM specifications A252 and 
A500. Standard and structural pipe may also be produced to 
proprietary specifications rather than to industry specifications.
    Sprinkler pipe is designed for sprinkler fire suppression 
systems and may be made to industry specifications such as ASTM A53 
or to proprietary specifications.
    Fence tubing is included in the scope regardless of 
certification to a specification listed in the exclusions below, and 
can also be made to the ASTM A513 specification. Products that meet 
the physical description set forth above but are made to the 
following nominal outside diameter and wall thickness combinations, 
which are recognized by the industry as typical for fence tubing, 
are included despite being certified to ASTM mechanical tubing 
specifications:

------------------------------------------------------------------------
                                                       Wall
                                                    thickness
             O.D. in inches (nominal)               in inches     Gage
                                                    (nominal)
------------------------------------------------------------------------
1.315............................................        0.035        20
1.315............................................        0.047        18
1.315............................................        0.055        17
1.315............................................        0.065        16
1.315............................................        0.072        15
1.315............................................        0.083        14
1.315............................................        0.095        13
1.660............................................        0.055        17
1.660............................................        0.065        16
1.660............................................        0.083        14
1.660............................................        0.095        13
1.660............................................        0.109        12
1.900............................................        0.047        18
1.900............................................        0.055        17
1.900............................................        0.065        16
1.900............................................        0.072        15
1.900............................................        0.095        13
1.900............................................        0.109        12
2.375............................................        0.047        18
2.375............................................        0.055        17
2.375............................................        0.065        16
2.375............................................        0.072        15
2.375............................................        0.095        13
2.375............................................        0.109        12
2.375............................................        0.120        11
2.875............................................        0.109        12
2.875............................................        0.165         8
3.500............................................        0.109        12
3.500............................................        0.165         8
4.000............................................        0.148         9
4.000............................................        0.165         8
4.500............................................        0.203         7
------------------------------------------------------------------------

    The scope of this investigation does not include:
    (a) Pipe suitable for use in boilers, superheaters, heat 
exchangers, refining furnaces and feedwater heaters, whether or not 
cold drawn, which are defined by standards such as ASTM A178 or ASTM 
A192;
    (b) finished electrical conduit, i.e., Electrical Rigid Steel 
Conduit (also known as Electrical Rigid Metal Conduit and Electrical 
Rigid Metal Steel Conduit), Finished Electrical Metallic Tubing, and 
Electrical Intermediate Metal Conduit, which are defined by 
specifications such as American National Standard (ANSI) C80.1-2005, 
ANSI C80.3-2005, or ANSI C80.6-2005, and Underwriters Laboratories 
Inc. (UL) UL-6, UL-797, or UL-1242;
    (c) finished scaffolding, i.e., component parts of final, 
finished scaffolding that enter the United States unassembled as a 
``kit.'' A

[[Page 20622]]

kit is understood to mean a packaged combination of component parts 
that contains, at the time of importation, all of the necessary 
component parts to fully assemble final, finished scaffolding;
    (d) tube and pipe hollows for redrawing;
    (e) oil country tubular goods produced to API specifications;
    (f) line pipe produced to only API specifications, such as API 
5L, and not multi-stenciled; and
    (g) mechanical tubing, whether or not cold-drawn, other than 
what is included in the above paragraphs.
    The products subject to this investigation are currently 
classifiable in Harmonized Tariff Schedule of the United States 
(HTSUS) statistical reporting numbers 7306.19.1010, 7306.19.1050, 
7306.19.5110, 7306.19.5150, 7306.30.1000, 7306.30.5015, 
7306.30.5020, 7306.30.5025, 7306.30.5032, 7306.30.5040, 
7306.30.5055, 7306.30.5085, 7306.30.5090, 7306.50.1000, 
7306.50.5030, 7306.50.5050, and 7306.50.5070. The HTSUS subheadings 
above are provided for convenience and U.S. Customs purposes only. 
The written description of the scope of the investigation is 
dispositive.

Appendix II--

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Alignment
IV. Scope Comments
V. Scope of the Investigation
VI. Respondent Selection
VII. Injury Test
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Calculation of the All-Others Rate
X. ITC Notification
XI. Disclosure and Public Comment
XII. Conclusion

[FR Doc. 2016-08147 Filed 4-7-16; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Notices 20619 SUPPLEMENTARY INFORMATION: of the order. Circular steel plates that Federal Register at 2.34 percent, which have a cutting edge of non-diamond is the current antidumping duty cash Background material, such as external teeth that deposit rate for Wuhan Wanbang Co.8 Effective May 4, 2015, Wuhan protrude from the outer diameter of the This cash deposit requirement shall Wanbang Co. (1) changed its legal status plate, whether or not finished, are remain in effect until further notice. from a limited liability company to a excluded from the scope of the order. This notice of final results is in joint-stock limited company and (2) Diamond sawblade cores with a accordance with sections 751(b)(1) and changed its name to Wuhan Wanbang Rockwell C hardness of less than 25 are 777(i)(1) and (2) of the Tariff Act of Laser Diamond Tools Co., Ltd.3 On excluded from the scope of the order. 1930, as amended, and 19 CFR 351.216, December 22, 2015, Wuhan Wanbang Diamond sawblades and/or diamond and 19 CFR 351.221(c)(3). Co., Ltd. requested that the Department segment(s) with diamonds that Dated: April 1, 2016. initiate an expedited changed predominantly have a mesh size number Paul Piquado, circumstances review and determine greater than 240 (such as 250 or 260) are Assistant Secretary for Enforcement and that Wuhan Wanbang Co., Ltd. is the excluded from the scope of the order. Compliance. successor-in-interest to Wuhan Merchandise subject to the order is [FR Doc. 2016–08141 Filed 4–7–16; 8:45 am] Wanbang Co. typically imported under heading BILLING CODE 3510–DS–P On March 3, 2016, we initiated this 8202.39.00.00 of the Harmonized Tariff changed circumstances review and Schedule of the United States (HTSUS). preliminarily determined that Wuhan When packaged together as a set for DEPARTMENT OF COMMERCE Wanbang Co., Ltd. is the successor-in- retail sale with an item that is separately interest to Wuhan Wanbang Co.4 In the classified under headings 8202 to 8205 International Trade Administration Initiation and Preliminary Results, we of the HTSUS, diamond sawblades or provided all interested parties with an [C–535–904] parts thereof may be imported under opportunity to comment or request a heading 8206.00.00.00 of the HTSUS. Circular Welded Carbon-Quality Steel public hearing regarding our On October 11, 2011, the Department Pipe From Pakistan: Preliminary preliminary results. We received no included the 6804.21.00.00 HTSUS Affirmative Countervailing Duty comments or requests for a public classification number to the customs Determination and Alignment of Final hearing. case reference file, pursuant to a request Countervailing Duty Determination Scope of the Order by U.S. Customs and Border Protection With Final Antidumping Duty (CBP).5 The tariff classification is Determination The products covered by the order are provided for convenience and customs all finished circular sawblades, whether purposes; however, the written AGENCY: Enforcement and Compliance, slotted or not, with a working part that description of the scope of the order is International Trade Administration, is comprised of a diamond segment or dispositive. U.S. Department of Commerce. segments, and parts thereof, regardless SUMMARY: The U.S. Department of of specification or size, except as Final Results of Changed Commerce (the Department) specifically excluded below. Within the Circumstances Review preliminarily determines that scope of the order are semifinished For the reasons stated in the Initiation countervailable subsidies are being diamond sawblades, including diamond and Preliminary Results, and because provided to exporters/producers of sawblade cores and diamond sawblade we received no comments from circular welded carbon-quality steel segments. Diamond sawblade cores are interested parties to the contrary, we pipe (circular welded pipe) from circular steel plates, whether or not continue to find that Wuhan Wanbang Pakistan. The period of investigation attached to non-steel plates, with slots. Co., Ltd. is the successor-in-interest to (POI) is July 1, 2014, through June 30, Diamond sawblade cores are Wuhan Wanbang Co.6 As a result of this 2015.1 Interested parties are invited to manufactured principally, but not determination, we find that Wuhan exclusively, from alloy steel. A diamond Wanbang Co., Ltd. should receive the 8 See Diamond Sawblades and Parts Thereof sawblade segment consists of a mixture From the People’s Republic of China; Final Results cash deposit rate previously assigned to of Antidumping Duty Administrative Review; 2012– of diamonds (whether natural or Wuhan Wanbang Co. in the most 2013, 80 FR 32344, 32345 (June 8, 2015). synthetic, and regardless of the quantity recently completed administrative 1 Pursuant to 19 CFR 351.204(b)(2), the of diamonds) and metal powders review of the antidumping duty order Department’s Initiation Notice stated that the POI (including, but not limited to, iron, on diamond sawblades from the PRC.7 was January 1, 2014, through December 31, 2014. See Circular Welded Carbon-Quality Steel Pipe cobalt, nickel, tungsten carbide) that are Consequently, the Department will from Pakistan: Initiation of Countervailing Duty formed together into a solid shape (from instruct U.S. Customs and Border Investigation, 80 FR 73704 (November 25, 2015) generally, but not limited to, a heating Protection to suspend liquidation of all (Initiation Notice). The Department, however, and pressing process). shipments of subject merchandise identified public information supporting the conclusion that both the Government of Pakistan Sawblades with diamonds directly exported by Wuhan Wanbang Co., Ltd., (the GOP) and the sole company selected for attached to the core with a resin or and entered, or withdrawn from individual examination (i.e., the mandatory electroplated bond, which thereby do warehouse, for consumption on or after respondent), International Industries Limited (IIL), not contain a diamond segment, are not the publication date of this notice in the operate according to an annual fiscal year beginning on July 1 and ending on June 30. See Department included within the scope of the order. Memorandum, ‘‘Countervailing Duty Investigation Diamond sawblades and/or sawblade 5 See Diamond Sawblades and Parts Thereof of Circular Welded Carbon-Quality Steel Pipe from mstockstill on DSK4VPTVN1PROD with NOTICES cores with a thickness of less than 0.025 From the Republic of Korea: Preliminary Results of Pakistan: Period of Investigation,’’ December 16, Antidumping Duty Administrative Review, 76 FR 2015 (POI Memorandum); see also Letter from the inches, or with a thickness greater than 76128, 76130 (December 6, 2011). Department, ‘‘Countervailing Duty Investigation of 1.1 inches, are excluded from the scope 6 See Initiation and Preliminary Results, 81 FR at Circular Welded Carbon-Quality Steel Pipe from 11778–79. Pakistan: Countervailing Duty Questonnaire,’’ 3 See Wuhan Wanbang Co., Ltd.’s request for a 7 See, e.g., Notice of Final Results of Antidumping December 16, 2015 (CVD Questionnaire), at I–4. changed circumstances review dated December 22, Duty Changed Circumstances Review: Certain Therefore, consistent with 19 CFR 351.204(b)(2), we 2015. Frozen Warmwater Shrimp From Thailand, 81 FR determined that July 1, 2014, through June 30, 2015, 4 See Initiation and Preliminary Results. 222 (January 5, 2016). Continued VerDate Sep<11>2014 17:48 Apr 07, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\08APN1.SGM 08APN1

20620 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Notices comment on this preliminary Department’s Preliminary Scope to the best of their ability to respond to determination. Decision Memorandum.4 For a full the Department’s requests for necessary DATES: Effective April 8, 2016. description of the scope of the information), the Department has drawn FOR FURTHER INFORMATION CONTACT: investigation, see Appendix I to this an adverse inference in selecting Kaitlin Wojnar, AD/CVD Operations, notice. information from facts otherwise Office VII, Enforcement and Methodology available, in accordance with section Compliance, International Trade 776(b) of the Act. Specifically, the Administration, U.S. Department of The Department is conducting this Department applied an adverse Commerce, 14th Street and Constitution countervailing duty investigation in inference to find that the programs on Avenue NW., Washington, DC 20230; accordance with section 701 of the Act. which the Department initiated the telephone: (202) 482–3857. We preliminarily determine that, for investigation are countervailable. The each of the programs found Department has also applied an adverse SUPPLEMENTARY INFORMATION: countervailable, there is a subsidy (i.e., inference in its calculation of an Alignment of Final Countervailing Duty a financial contribution by an estimated ad valorem countervailable Determination With Final Antidumping ‘‘authority,’’ giving rise to a benefit to subsidy rate for IIL. Additional Duty Determination the recipient) and that the subsidy is information is provided in the ‘‘Use of On the same day that the Department specific. For a full description of the Facts Otherwise Available and Adverse initiated this countervailing duty (CVD) methodology underlying the Inferences’’ section of the Preliminary investigation, the Department also Department’s preliminary conclusions, Decision Memorandum. initiated an antidumping duty (AD) see the Preliminary Decision Memorandum.5 The Preliminary A complete list of topics discussed in investigation of circular welded pipe the Preliminary Decision Memorandum from Pakistan.2 The AD and CVD Decision Memorandum is a public document and is on file electronically can be found at Appendix II to this investigations cover the same class or notice. kind of merchandise from the same via Enforcement and Compliance’s country. On March 29, 2016, in Antidumping and Countervailing Duty Preliminary Determination and accordance with section 705(a)(1) of the Centralized Electronic Service System Suspension of Liquidation Tariff Act of 1930, as amended (the Act) (ACCESS). ACCESS is available to registered users at http:// In accordance with sections 776(a) and 19 CFR 351.210(b)(4), Bull Moose and (b) of the Act, the Department Tube Company, EXLTUBE, Wheatland access.trade.gov and to all parties in the Central Records Unit, Room B8024 of applied facts otherwise available, with Tube Company, and Western Tube and adverse inferences, to determine a Conduit (collectively, Petitioners) the main Department of Commerce building. In addition, a complete countervailable subsidy rate for the non- requested alignment of the final CVD cooperative mandatory respondent, IIL. determination with the final AD version of the Preliminary Decision Memorandum can be accessed directly With respect to the ‘‘all-others’’ rate, determination regarding circular welded section 705(c)(5)(A)(ii) of the Act pipe from Paksitan.3 Therefore, in at http://enforcement.trade.gov/frn/ index.html. The signed Preliminary provides that, if the countervailable accordance with section 705(a)(1) of the subsidy rates established for all Act and 19 CFR 351.210(b)(4), we are Decision Memorandum and the electronic versions of the Preliminary individually-investigated exporters/ aligning the final CVD determination in producers are determined entirely under this investigation with the final Decision Memorandum are identical in content. section 776 of the Act (i.e., based determination in the companion AD entirely on facts otherwise available), For this preliminary determination, investigation of circular welded pipe the Department may use any reasonable pursuant to section 776(a) of the Act, from Pakistan. Consequently, the final method to establish an all-others rate for the Department relied on facts otherwise CVD determination will be issued on exporters/producers not individually- available because necessary information the same date as the final AD examined. In this case, as noted above, is not available on the record.6 determination, which is currently due the countervailable subsidy rate Furthermore, the GOP and IIL failed to no later than August 15, 2016. assigned to IIL is based entirely on facts provide information requested by the Scope of the Investigation Department. By refusing to participate otherwise available under section 776 of as respondents, IIL and the GOP the Act. There is no other information The product covered by this on the record upon which to determine investigation is circular welded pipe significantly impeded the Department’s investigation.7 Because the GOP and IIL an all-others rate. As a result, under from Pakistan. Interested parties filed section 705(c)(5)(A)(ii) of the Act, we comments regarding the scope of the are uncooperative (i.e., they did not act are assigning IIL’s rate as the all-others investigation, which resulted in one rate. This method is consistent with the 4 See Department Memorandum, ‘‘Antidumping clarification to the scope language and Duty Investigations of Circular Welded Carbon- Department’s established practice.8 are addressed, in detail, in the Quality Steel Pipe from the Sultanate of Oman, Pakistan, the United Arab Emirates, and the 8 See, e.g., Grain-Oriented Electrical Steel from is the appropriate POI for this proceeding. See POI Socialist Republic of Vietnam and Countervailing the People’s Republic of China: Final Affirmative Memorandum; see also CVD Questionnaire at I–4. Duty Investigation of Circular Welded Carbon- Countervailing Duty Determination, 79 FR 59221 Although the Department provided interested Quality Steel Pipe form Pakistan; Scope Comments (October 1, 2014), and accompanying Issues and parties with the opportunity to comment on the Decision Memorandum for the Preliminary Decision Memorandum at Comment 1 (assigning modified POI, we received no comments. Determination,’’ dated concurrently with and the sole mandatory respondent’s rate, which was 2 See Initiation Notice, 80 FR at 73704; see also hereby adopted by this notice (Preliminary Scope based on AFA, as the all-others rate); see also mstockstill on DSK4VPTVN1PROD with NOTICES See Circular Welded Carbon-Quality Steel Pipe Decision Memorandum). Circular Welded Carbon-Quality Steel Pipe from 5 See Department Memorandum, ‘‘Circular from the Sultanate of Oman, Pakistan, the India: Final Affirmative Countervailing Duty Philippines, the United Arab Emirates, and the Welded Carbon-Quality Steel Pipe from Pakistan: Determination, 77 FR 64468, 64470 (October 22, Socialist Republic of Vietnam: Initiation of Less- Preliminary Affirmative Countervailing Duty 2012) (averaging two total AFA respondents’ rates Than-Fair-Value Investigations, 80 FR 73708 Determination Decision Memorandum,’’ dated together to determine the all-others rate); Certain (November 25, 2015). concurrently with and hereby adopted by this Potassium Phosphate Sales from the People’s 3 See Letter from Petitioners, ‘‘Circular Welded notice (Preliminary Decision Memorandum). Republic of China: Final Affirmative Countervailing 6 See section 776(a)(1) of the Act. Carbon-Quality Steel Pipe from Pakistan: Request Duty Determination and Termination of Critical for Alignment,’’ March 29, 2016. 7 See section 776(a)(2)(B)–(C) of the Act. Circumstances Inquiry, 75 FR 30375 (June 1, 2010) VerDate Sep<11>2014 17:48 Apr 07, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\08APN1.SGM 08APN1

Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Notices 20621 We preliminarily determine estimated affirmative, the ITC will make its final Sprinkler pipe is designed for sprinkler fire countervailable subsidy rates as follows: determination no more than 45 days suppression systems and may be made to after the Department makes its final industry specifications such as ASTM A53 or Subsidy to proprietary specifications. determination. Exporter/producer rate Fence tubing is included in the scope This determination is issued and (percent) regardless of certification to a specification published pursuant to sections 703(f) listed in the exclusions below, and can also International Industries Limited .. 64.81 and 777(i) of the Act and 19 CFR be made to the ASTM A513 specification. All-Others .................................... 64.81 351.205(c). Products that meet the physical description Dated: April 1, 2016. set forth above but are made to the following In accordance with sections Paul Piquado, nominal outside diameter and wall thickness 703(d)(1)(B) and (d)(2) of the Act, we are combinations, which are recognized by the Assistant Secretary for Enforcement and industry as typical for fence tubing, are directing U.S. Customs and Border Compliance. Protection to suspend liquidation of all included despite being certified to ASTM Appendix I—Scope of the Investigation mechanical tubing specifications: entries of circular welded pipe from Pakistan, as described in the ‘‘Scope of This investigation covers welded carbon- Wall the Investigation,’’ that are entered, or quality steel pipes and tube, of circular cross- O.D. in inches thickness withdrawn from warehouse, for section, with an outside diameter (O.D.) not Gage (nominal) in inches consumption on or after the date of the more than nominal 16 inches (406.4 mm), (nominal) publication of this notice in the Federal regardless of wall thickness, surface finish Register, and to require a cash deposit (e.g., black, galvanized, or painted), end 1.315 ....................... 0.035 20 finish (plain end, beveled end, grooved, 1.315 ....................... 0.047 18 for such entries of merchandise in the threaded, or threaded and coupled), or 1.315 ....................... 0.055 17 amounts indicated above. 1.315 ....................... 0.065 16 industry specification (e.g., American Society Disclosure and Public Comment for Testing and Materials International 1.315 ....................... 0.072 15 (ASTM), proprietary, or other), generally 1.315 ....................... 0.083 14 Because the Department has reached known as standard pipe, fence pipe and tube, 1.315 ....................... 0.095 13 its conclusions on the basis of adverse sprinkler pipe, and structural pipe (although 1.660 ....................... 0.055 17 facts available, the calculations subject product may also be referred to as 1.660 ....................... 0.065 16 performed in connection with this mechanical tubing). Specifically, the term 1.660 ....................... 0.083 14 preliminary determination are not ‘‘carbon quality’’ includes products in which: 1.660 ....................... 0.095 13 proprietary in nature and are described (a) Iron predominates, by weight, over each 1.660 ....................... 0.109 12 in the Preliminary Decision of the other contained elements; 1.900 ....................... 0.047 18 Memorandum. Interested parties may (b) the carbon content is 2 percent or less, 1.900 ....................... 0.055 17 by weight; and 1.900 ....................... 0.065 16 submit case and rebuttal briefs, as well (c) none of the elements listed below 1.900 ....................... 0.072 15 as request a hearing.9 For a schedule of 1.900 ....................... 0.095 13 exceeds the quantity, by weight, as indicated: the deadlines for filing case briefs, (i) 1.80 percent of manganese; 1.900 ....................... 0.109 12 rebuttal briefs, and hearing requests for (ii) 2.25 percent of silicon; 2.375 ....................... 0.047 18 non-scope issues, see the Preliminary (iii) 1.00 percent of copper; 2.375 ....................... 0.055 17 Decision Memorandum. For a schedule (iv) 0.50 percent of aluminum; 2.375 ....................... 0.065 16 of the deadlines for filing case briefs, (v) 1.25 percent of chromium; 2.375 ....................... 0.072 15 rebuttal briefs, and hearing request (vi) 0.30 percent of cobalt; 2.375 ....................... 0.095 13 regarding scope issues, see the (vii) 0.40 percent of lead; 2.375 ....................... 0.109 12 Preliminary Scope Decision (viii) 1.25 percent of nickel; 2.375 ....................... 0.120 11 (ix) 0.30 percent of tungsten; 2.875 ....................... 0.109 12 Memorandum. (x) 0.15 percent of molybdenum; 2.875 ....................... 0.165 8 International Trade Commission (xi) 0.10 percent of niobium; 3.500 ....................... 0.109 12 Notification (xii) 0.41 percent of titanium; 3.500 ....................... 0.165 8 (xiii) 0.15 percent of vanadium; or 4.000 ....................... 0.148 9 In accordance with section 703(f) of (xiv) 0.15 percent of zirconium. 4.000 ....................... 0.165 8 the Act, we will notify the U.S. Covered products are generally made to 4.500 ....................... 0.203 7 International Trade Commission (ITC) of standard O.D. and wall thickness our determination. In addition, we are combinations. Pipe multi-stenciled to a The scope of this investigation does not making all non-privileged and non- standard and/or structural specification and include: proprietary information relating to this to other specifications, such as American (a) Pipe suitable for use in boilers, investigation available to the ITC. We Petroleum Institute (API) API–5L superheaters, heat exchangers, refining will allow the ITC access to all specification, may also be covered by the furnaces and feedwater heaters, whether or privileged and business proprietary scope of these investigations. In particular, not cold drawn, which are defined by such multi-stenciled merchandise is covered standards such as ASTM A178 or ASTM information in our files, provided that A192; when it meets the physical description set the ITC confirms that it will not disclose forth above, and also has one or more of the (b) finished electrical conduit, i.e., such information, either publicly or following characteristics: is 32 feet in length Electrical Rigid Steel Conduit (also known as under an administrative protective or less; is less than 2.0 inches (50 mm) in Electrical Rigid Metal Conduit and Electrical order, without the written consent of the outside diameter; has a galvanized and/or Rigid Metal Steel Conduit), Finished Assistant Secretary for Enforcement and painted (e.g., polyester coated) surface finish; Electrical Metallic Tubing, and Electrical Compliance. or has a threaded and/or coupled end finish. Intermediate Metal Conduit, which are mstockstill on DSK4VPTVN1PROD with NOTICES In accordance with section 705(b)(2) Standard pipe is ordinarily made to ASTM defined by specifications such as American of the Act, if our final determination is specifications A53, A135, and A795, but can National Standard (ANSI) C80.1–2005, ANSI also be made to other specifications. C80.3–2005, or ANSI C80.6–2005, and Structural pipe is made primarily to ASTM Underwriters Laboratories Inc. (UL) UL–6, (assigning the rate for three total AFA companies as the all-others rate). specifications A252 and A500. Standard and UL–797, or UL–1242; 9 See 19 CFR351.309(c)–(d), 19 CFR 351.310(c); structural pipe may also be produced to (c) finished scaffolding, i.e., component see also 19 CFR 351.303 (for general filing proprietary specifications rather than to parts of final, finished scaffolding that enter requirements). industry specifications. the United States unassembled as a ‘‘kit.’’ A VerDate Sep<11>2014 17:48 Apr 07, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\08APN1.SGM 08APN1

20622 Federal Register / Vol. 81, No. 68 / Friday, April 8, 2016 / Notices kit is understood to mean a packaged http://www.mafmc.org. To join the Commercial Space Activities combination of component parts that Webinar, follow this link and enter the Assessment Process identifies the contains, at the time of importation, all of the online meeting room: http://mafmc. NESDIS process for engagement with necessary component parts to fully assemble adobeconnect.com/april2016scoq/. the commercial sector by which NESDIS final, finished scaffolding; Council address: Mid-Atlantic Fishery will assess and pursue commercial (d) tube and pipe hollows for redrawing; (e) oil country tubular goods produced to Management Council, 800 North State opportunities to support NOAA’s space- API specifications; Street, Suite 201, Dover, DE 19901; based observational information (f) line pipe produced to only API telephone: (302) 674–2331. requirements. In order to ensure specifications, such as API 5L, and not multi- FOR FURTHER INFORMATION CONTACT: consideration of a broad range of ideas stenciled; and Christopher M. Moore Ph.D., Executive for optimal methods of engaging with (g) mechanical tubing, whether or not cold- Director, Mid-Atlantic Fishery the commercial sector, NESDIS seeks drawn, other than what is included in the Management Council, 800 N. State comments on the Draft NESDIS above paragraphs. Commercial Space Activities Street, Suite 201, Dover, DE 19901; The products subject to this investigation are currently classifiable in Harmonized telephone: (302) 526–5255. Assessment Process. Through http:// Tariff Schedule of the United States (HTSUS) SUPPLEMENTARY INFORMATION: The www.regulations.gov/#!docketDetail;D= statistical reporting numbers 7306.19.1010, purpose of the meeting is to develop a NOAA-NESDIS-2015-0132, the public 7306.19.1050, 7306.19.5110, 7306.19.5150, fishery performance report by the can view the Draft NESDIS Commercial 7306.30.1000, 7306.30.5015, 7306.30.5020, Council’s Surfclam and Ocean Quahog Space Activities Assessment Process, 7306.30.5025, 7306.30.5032, 7306.30.5040, Advisory Panel. The intent of this report submit ideas, review submissions from 7306.30.5055, 7306.30.5085, 7306.30.5090, is to facilitate structured input from the other parties, and make comments. 7306.50.1000, 7306.50.5030, 7306.50.5050, All comments are welcome. In and 7306.50.5070. The HTSUS subheadings Surfclam and Ocean Quahog Advisory Panel members to the Council and its particular, NOAA would like comments above are provided for convenience and U.S. Customs purposes only. The written Scientific and Statistical Committee on the following areas: description of the scope of the investigation (SSC) on setting catch and landings What contractual or other is dispositive. limits for 2017–18, changes that may be mechanisms could NOAA use to work occurring in the fisheries, and other with commercial sector data providers Appendix II— beyond traditional acquisition fishery-related issues. List of Topics Discussed in the Preliminary approaches? Decision Memorandum Special Accommodations What steps should NOAA take to I. Summary The meeting is physically accessible consider the long-term viability of a II. Background to people with disabilities. Requests for commercial data provider prior to an III. Alignment sign language interpretation or other operational data purchase? IV. Scope Comments auxiliary aids should be directed to M. What are the key aspects of V. Scope of the Investigation Jan Saunders at the Mid-Atlantic demonstration projects that allow the VI. Respondent Selection Council Office, (302) 526–5251, at least commercial sector to gain necessary VII. Injury Test 5 days prior to the meeting date. insights? VIII. Use of Facts Otherwise Available and What are the key aspects of Adverse Inferences Dated: April 5, 2016. IX. Calculation of the All-Others Rate demonstration projects that would allow Tracey L. Thompson, X. ITC Notification NOAA to perform the necessary data Acting Deputy Director, Office of Sustainable XI. Disclosure and Public Comment validation for the continued success of Fisheries, National Marine Fisheries Service. XII. Conclusion NOAA’s public safety mission? [FR Doc. 2016–08129 Filed 4–7–16; 8:45 am] [FR Doc. 2016–08147 Filed 4–7–16; 8:45 am] DATES: Comments must be received by BILLING CODE 3510–22–P BILLING CODE 3510–DS–P 5 p.m. on May 9, 2016. ADDRESSES: You may submit comments DEPARTMENT OF COMMERCE on this document, identified by NOAA– DEPARTMENT OF COMMERCE NESDIS–2015–0132, by either of the National Oceanic and Atmospheric following methods: National Oceanic and Atmospheric Administration Electronic Submission: Submit all Administration electronic public comments via the [Docket No. 151014950–5950–01] Mid-Atlantic Fishery Management Federal e-Rulemaking Portal. Go to RIN 0648–XE260 http://www.regulations.gov/#!docket Council (MAFMC); Public Meetings Detail;D=NOAA-NESDIS-2015-0132, AGENCY: National Marine Fisheries Notice of Availability of a Draft NOAA/ click the ‘‘Comment Now!’’ icon, Service (NMFS), National Oceanic and NESDIS Commercial Space Activities complete the required fields, and enter Atmospheric Administration (NOAA), Assessment Process or attach your comments. Commerce. AGENCY: National Oceanic and Mail: Submit written comments to: ACTION: Notice of a public meeting. Atmospheric Administration (NOAA), NOAA NESDIS, c/o Ms. Kate Becker, Commerce. U.S. Department of Commerce, National SUMMARY: The Mid-Atlantic Fishery Oceanic and Atmospheric ACTION: Notice of availability of a Draft Management Council’s (Council) Administration, National Environmental Surfclam and Ocean Quahog Advisory NOAA/NESDIS Commercial Space mstockstill on DSK4VPTVN1PROD with NOTICES Activities Assessment Process; request Satellite, Data, and Information Service, Panel will hold a public meeting. Room 8229, 1335 East West Highway, for comments. DATES: The meeting will be held on Silver Spring, MD 20910. Monday, May 2, 2016, from 1:30 p.m. SUMMARY: On January 8, 2016, NOAA Instructions: Comments sent by any until 4 p.m. released the NOAA Commercial Space other method, to any other address or ADDRESSES: The meeting will be held Policy. Consistent with that policy, the individual, or received after the end of via Internet Webinar. Detailed Draft National Environmental Satellite, the comment period, may not be connection details are available at Data, and Information Service (NESDIS) considered by NOAA. All comments VerDate Sep<11>2014 17:48 Apr 07, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\08APN1.SGM 08APN1


Document Created: 2018-02-07 13:50:19
Document Modified: 2018-02-07 13:50:19
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 April 8, 2016.
ContactKaitlin Wojnar, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3857.
FR Citation81 FR 20619 
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