81_FR_28914 81 FR 28824 - Welded Stainless Pressure Pipe From India: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination

81 FR 28824 - Welded Stainless Pressure Pipe From India: Affirmative 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 90 (May 10, 2016)

Page Range28824-28826
FR Document2016-11034

The Department of Commerce (``Department'') preliminarily determines that Welded Stainless Pressure Pipe from India (``WSPP'') is being, or is 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 90 (Tuesday, May 10, 2016)
[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Notices]
[Pages 28824-28826]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11034]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-86]


Welded Stainless Pressure Pipe From India: Affirmative 
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 Welded Stainless Pressure Pipe from India (``WSPP'') is 
being, or is likely to be, sold in the United States at less than fair 
value (``LTFV''), as provided in section 733(b) of the Tariff Act of 
1930, as amended (``the Act''). The period of investigation (``POI'') 
is July 1, 2014, through June 30, 2015. The estimated weighted-average 
dumping margins of sales at LTFV are shown in the ``Preliminary 
Determination'' section of this notice. Interested parties are invited 
to comment on this preliminary determination.

DATES: Effective Date: May 10, 2016.

FOR FURTHER INFORMATION CONTACT: James Terpstra, or Alex Rosen, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3965, or (202) 482-7814, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the notice of initiation of this 
investigation on October 27, 2015.\1\ For a complete description of the 
events that followed the initiation of this investigation, see the 
memorandum that is dated concurrently with this determination and 
hereby adopted by this notice.\2\ A list of topics included in the 
Preliminary Decision Memorandum is included as Appendix II to 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.
---------------------------------------------------------------------------

    \1\ See Welded Stainless Pressure Pipe from India: Initiation of 
Antidumping Duty Investigation, 80 FR 65696 (October 27, 2015) 
(``Initiation Notice'').
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Decision Memorandum for the Preliminary Determination in the 
Antidumping Duty Investigation of Welded Stainless Pressure Pipe 
from India'' (``Preliminary Decision Memorandum''), dated 
concurrently with this notice.
---------------------------------------------------------------------------

    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement and Compliance, the Department exercised its discretion 
to toll deadlines as a result of the closure of the Federal Government 
for Snowstorm Jonas.\3\ All deadlines in this segment of the proceeding 
have been extended by four business days. Furthermore, on March 3, 
2016, based upon a request from Petitioners, the Department postponed 
the time period for the preliminary determination of this investigation 
by 40 days, to May 3, 2016, in accordance with section 733(c)(1)(B) of 
the Act and 19 CFR 351.205(f)(1).\4\
---------------------------------------------------------------------------

    \3\ See Memorandum to the file from Ron Lorentzen, Acting 
Assistant Secretary for Enforcement and Compliance, ``Tolling of 
Administrative Deadlines as a Result of the Government Closure 
during Snowstorm `Jonas,' '' dated January 27, 2016.
    \4\ See Welded Stainless Pressure Pipe from India: Postponement 
of Preliminary Determination of Antidumping Duty Investigation, 81 
FR 11179 (March 3, 2016).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is circular welded 
austenitic stainless pressure pipe not greater than 14 inches in 
outside diameter, from India. For a full description of the scope of 
this investigation, see the ``Scope of the Investigation,'' in Appendix 
I.

Scope Comments

    In accordance with the preamble to the Department's regulations,\5\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., ``scope'').\6\ No party 
commented on the scope of the investigation as it appeared in the 
Initiation Notice, and the scope language is unchanged for this 
preliminary determination.
---------------------------------------------------------------------------

    \5\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997).
    \6\ See Initiation Notice, 80 FR at 65696.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. For the two mandatory respondents Steamline 
Industries Ltd (``Steamline'') and Sunrise Stainless Pvt. Ltd 
(``Sunrise''), we calculated export price (EP) and constructed export 
price (``CEP'') in accordance with section 772 of the Act, and normal 
value (``NV'') in accordance with section 773 of the Act. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.

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 or de 
minimis margins, and any margins determined entirely under section 776 
of the Act. Because we calculated a de minimis weighted-average dumping 
margin for Sunrise Stainless Pvt. Ltd. (``Sunrise''), we based the all-
others rate on the margin calculated for Steamline Industries Ltd. 
(``Steamline''), the other mandatory respondent in this investigation.

Preliminary Determination

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

[[Page 28825]]



------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         margin
                                                               (percent)
------------------------------------------------------------------------
Steamline Industries Ltd....................................       18.90
Sunrise Stainless Pvt. Ltd. and Sun Mark Stainless Pvt. Ltd.       *1.91
 (collectively, ``Sunrise'') \7\............................
All Others..................................................       18.90
------------------------------------------------------------------------
* (de minimis)

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 WSPP from India, with the exception of exports from Sunrise, 
as described in the scope of the investigation section entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Pursuant to 19 CFR 
351.205(d), we will instruct CBP to require a cash deposit equal to the 
weighted-average amount by which the NV exceeds CEP, as indicated in 
the chart above \8\ adjusted where appropriate for export subsidies, as 
follows: the rate for Steamline, when adjusted for export subsidies, is 
16.90 percent; the rate for all others producers or exporters, when 
adjusted for export subsidies, is also 16.90 percent. These suspension 
of liquidation instructions will remain in effect until further notice.
---------------------------------------------------------------------------

    \7\ We have preliminarily determined to collapse Sunrise with 
its affiliate Sun Mark Stainless Pvt, Ltd. (collectively, 
``Sunrise''). See Memorandum to Brendan Quinn, Acting Director, 
Office III, ``Antidumping Duty Investigation on Welded Stainless 
Pressure Pipe from India: Preliminary Affiliation and Collapsing 
Memorandum for Sunrise Stainless Private Limited'' dated 
concurrently with this notice.
    \8\ 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 and Public Comment

    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). 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.\9\ 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.
---------------------------------------------------------------------------

    \9\ 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.\10\ 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.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Verification

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

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 
Petitioners. 19 CFR 351.210(e)(2) requires that requests by respondents 
for postponement of a final antidumping 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.
    On April 28, 2016, pursuant to 19 CFR 351.210(b) and (e), Sunrise 
requested that, contingent upon an affirmative preliminary 
determination of sales at LTFV, the Department postpone the final 
determination and that provisional measures be extended to a period not 
to exceed six months.\11\
---------------------------------------------------------------------------

    \11\ See Letter to the Secretary of Commerce from Sunrise 
``Extension Request for Final Determination'' (April 28, 2016).
---------------------------------------------------------------------------

    In accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because (1) our preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, we are postponing the final determination and 
extending the provisional measures from a four-month period to a period 
not greater than six months. Accordingly, we will make 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.\12\
---------------------------------------------------------------------------

    \12\ See also 19 CFR 351.210(e).
---------------------------------------------------------------------------

International Trade Commission (``ITC'') Notification

    In accordance with section 733(f) of the Act, we will notify the 
ITC of our preliminary affirmative determination of sales at LTFV. 
Because the preliminary determination in this proceeding is 
affirmative, section 735(b)(2) of the Act requires that the ITC make 
its final determination whether the domestic industry in the United 
States is materially injured, or threatened with material injury, by 
reason of imports of WSPP from India before the later of 120 days after 
the date of this preliminary determination or 45 days after our final 
determination.
    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: May 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is circular welded 
austenitic stainless pressure pipe not greater than 14 inches in 
outside diameter. References to size are in nominal inches and 
include all products within tolerances allowed by pipe 
specifications. This merchandise includes, but is not limited to, 
the American Society for Testing and Materials (``ASTM'') A-312 or 
ASTM A-778 specifications, or comparable domestic or foreign 
specifications. ASTM A-358 products are only included when they are 
produced to meet ASTM A-312 or ASTM A-778 specifications, or 
comparable domestic or foreign specifications.

[[Page 28826]]

    Excluded from the scope of the investigation are: (1) Welded 
stainless mechanical tubing, meeting ASTM A-554 or comparable 
domestic or foreign specifications; (2) boiler, heat exchanger, 
superheater, refining furnace, feedwater heater, and condenser 
tubing, meeting ASTM A-249, ASTM A-688 or comparable domestic or 
foreign specifications; and (3) specialized tubing, meeting ASTM A-
269, ASTM A-270 or comparable domestic or foreign specifications.
    The subject imports are normally classified in subheadings 
7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, and 
7306.40.5085 of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). They may also enter under HTSUS subheadings 
7306.40.1010, 7306.40.1015, 7306.40.5042, 7306.40.5044, 
7306.40.5080, and 7306.40.5090. The HTSUS subheadings are provided 
for convenience and customs purposes only; the written description 
of the scope of this investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Affiliation and Collapsing
V. Postponement of Final Determination and Extension of Provisional 
Measures
VI. Scope of the Investigation
VII. Discussion of Methodology
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Normal Value
    A. Comparison Market Viability
    B. Affiliated-Party Transactions and Arm's-Length Test
    C. Level of Trade
    D. Cost of Production Analysis
    1. Calculation of Cost of Production
    2. Test of Comparison Market Sale Prices
    3. Results of the COP Test
    E. Calculation of NV Based on Comparison Market Prices
XII. Currency Conversion
XIII. Adjustment to Cash Deposit Rates
XIV. U.S. ITC Notification
XV. Disclosure and Public Comment
XVI. Verification
XVII. Conclusion

[FR Doc. 2016-11034 Filed 5-9-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    28824                          Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Notices

                                                    continues to govern business                            Background                                            Scope of the Investigation
                                                    proprietary information in this segment
                                                    of the proceeding. Timely written                          The Department published the notice                  The product covered by this
                                                    notification of the return or destruction               of initiation of this investigation on                investigation is circular welded
                                                    of APO materials or conversion to                       October 27, 2015.1 For a complete                     austenitic stainless pressure pipe not
                                                    judicial protective order is hereby                     description of the events that followed               greater than 14 inches in outside
                                                    requested. Failure to comply with the                   the initiation of this investigation, see             diameter, from India. For a full
                                                    regulations and the terms of an APO is                  the memorandum that is dated                          description of the scope of this
                                                    a sanctionable violation.                               concurrently with this determination                  investigation, see the ‘‘Scope of the
                                                                                                            and hereby adopted by this notice.2 A                 Investigation,’’ in Appendix I.
                                                    Notification to Interested Parties                      list of topics included in the
                                                                                                            Preliminary Decision Memorandum is                    Scope Comments
                                                      This administrative review and notice
                                                    are issued and published in accordance                  included as Appendix II to this notice.                 In accordance with the preamble to
                                                    with sections 751(a)(1) and 777(i)(1) of                The Preliminary Decision Memorandum                   the Department’s regulations,5 the
                                                    the Act and 19 CFR 351.213(h)(1).                       is a public document and is on file                   Initiation Notice set aside a period of
                                                                                                            electronically via Enforcement and                    time for parties to raise issues regarding
                                                      Dated: May 3, 2016.
                                                                                                            Compliance’s Antidumping and                          product coverage (i.e., ‘‘scope’’).6 No
                                                    Paul Piquado,                                           Countervailing Duty Centralized                       party commented on the scope of the
                                                    Assistant Secretary for Enforcement and                 Electronic Service System (‘‘ACCESS’’).
                                                    Compliance.                                                                                                   investigation as it appeared in the
                                                                                                            ACCESS is available to registered users               Initiation Notice, and the scope
                                                    [FR Doc. 2016–11032 Filed 5–9–16; 8:45 am]              at https://access.trade.gov, and to all               language is unchanged for this
                                                    BILLING CODE 3510–DS–P                                  parties in the Central Records Unit,                  preliminary determination.
                                                                                                            room B8024 of the main Department of
                                                                                                            Commerce building. In addition, a                     Methodology
                                                    DEPARTMENT OF COMMERCE                                  complete version of the Preliminary
                                                                                                            Decision Memorandum can be found at                      The Department is conducting this
                                                    International Trade Administration                                                                            investigation in accordance with section
                                                                                                            http://enforcement.trade.gov/frn/. The
                                                                                                            signed Preliminary Decision                           731 of the Act. For the two mandatory
                                                    [A–533–86]                                              Memorandum and the electronic                         respondents Steamline Industries Ltd
                                                                                                            version of the Preliminary Decision                   (‘‘Steamline’’) and Sunrise Stainless Pvt.
                                                    Welded Stainless Pressure Pipe From                                                                           Ltd (‘‘Sunrise’’), we calculated export
                                                                                                            Memorandum are identical in content.
                                                    India: Affirmative Preliminary                                                                                price (EP) and constructed export price
                                                    Determination of Sales at Less Than                        As explained in the memorandum                     (‘‘CEP’’) in accordance with section 772
                                                    Fair Value and Postponement of Final                    from the Acting Assistant Secretary for               of the Act, and normal value (‘‘NV’’) in
                                                    Determination                                           Enforcement and Compliance, the                       accordance with section 773 of the Act.
                                                                                                            Department exercised its discretion to                For a full description of the
                                                    AGENCY:  Enforcement and Compliance,                    toll deadlines as a result of the closure             methodology underlying our
                                                    International Trade Administration,                     of the Federal Government for                         conclusions, see the Preliminary
                                                    Department of Commerce.                                 Snowstorm Jonas.3 All deadlines in this               Decision Memorandum.
                                                                                                            segment of the proceeding have been
                                                    SUMMARY:     The Department of Commerce
                                                                                                            extended by four business days.                       All-Others Rate
                                                    (‘‘Department’’) preliminarily
                                                                                                            Furthermore, on March 3, 2016, based
                                                    determines that Welded Stainless                                                                                 Section 735(c)(5)(A) of the Act
                                                                                                            upon a request from Petitioners, the
                                                    Pressure Pipe from India (‘‘WSPP’’) is                                                                        provides that the estimated all-others
                                                                                                            Department postponed the time period
                                                    being, or is likely to be, sold in the                                                                        rate shall be an amount equal to the
                                                                                                            for the preliminary determination of this
                                                    United States at less than fair value                                                                         weighted average of the estimated
                                                                                                            investigation by 40 days, to May 3,
                                                    (‘‘LTFV’’), as provided in section 733(b)                                                                     weighted-average dumping margins
                                                                                                            2016, in accordance with section
                                                    of the Tariff Act of 1930, as amended                                                                         established for exporters and producers
                                                                                                            733(c)(1)(B) of the Act and 19 CFR
                                                    (‘‘the Act’’). The period of investigation                                                                    individually investigated, excluding any
                                                                                                            351.205(f)(1).4
                                                    (‘‘POI’’) is July 1, 2014, through June 30,                                                                   zero or de minimis margins, and any
                                                    2015. The estimated weighted-average                      1 See Welded Stainless Pressure Pipe from India:    margins determined entirely under
                                                    dumping margins of sales at LTFV are                    Initiation of Antidumping Duty Investigation, 80 FR   section 776 of the Act. Because we
                                                    shown in the ‘‘Preliminary                              65696 (October 27, 2015) (‘‘Initiation Notice’’).     calculated a de minimis weighted-
                                                    Determination’’ section of this notice.                   2 See Memorandum from Christian Marsh, Deputy
                                                                                                                                                                  average dumping margin for Sunrise
                                                    Interested parties are invited to                       Assistant Secretary for Antidumping and
                                                                                                                                                                  Stainless Pvt. Ltd. (‘‘Sunrise’’), we based
                                                    comment on this preliminary                             Countervailing Duty Operations, to Paul Piquado,
                                                                                                            Assistant Secretary for Enforcement and               the all-others rate on the margin
                                                    determination.                                          Compliance, ‘‘Decision Memorandum for the             calculated for Steamline Industries Ltd.
                                                                                                            Preliminary Determination in the Antidumping          (‘‘Steamline’’), the other mandatory
                                                    DATES:   Effective Date: May 10, 2016.                  Duty Investigation of Welded Stainless Pressure
                                                                                                            Pipe from India’’ (‘‘Preliminary Decision             respondent in this investigation.
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                            Memorandum’’), dated concurrently with this
                                                    James Terpstra, or Alex Rosen, AD/CVD                   notice.                                               Preliminary Determination
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Operations, Office III, Enforcement and                   3 See Memorandum to the file from Ron

                                                    Compliance, International Trade                         Lorentzen, Acting Assistant Secretary for               The Department preliminarily
                                                    Administration, U.S. Department of                      Enforcement and Compliance, ‘‘Tolling of              determines that the following estimated
                                                    Commerce, 14th Street and Constitution
                                                                                                            Administrative Deadlines as a Result of the           weighted-average dumping margins
                                                                                                            Government Closure during Snowstorm ‘Jonas,’ ’’       exist:
                                                    Avenue NW., Washington, DC 20230;                       dated January 27, 2016.
                                                    telephone: (202) 482–3965, or (202)                       4 See Welded Stainless Pressure Pipe from India:
                                                                                                                                                                    5 See Antidumping Duties; Countervailing Duties,
                                                    482–7814, respectively.                                 Postponement of Preliminary Determination of
                                                                                                            Antidumping Duty Investigation, 81 FR 11179           62 FR 27296, 27323 (May 19, 1997).
                                                    SUPPLEMENTARY INFORMATION:                              (March 3, 2016).                                        6 See Initiation Notice, 80 FR at 65696.




                                               VerDate Sep<11>2014   17:33 May 09, 2016   Jkt 238001   PO 00000   Frm 00007   Fmt 4703   Sfmt 4703   E:\FR\FM\10MYN1.SGM   10MYN1


                                                                                   Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Notices                                                       28825

                                                                                             Weighted-      Pursuant to 19 CFR 351.309(c)(2) and                    provisional measures be extended to a
                                                              Exporter/producer               average       (d)(2), parties who submit case briefs or               period not to exceed six months.11
                                                                                               margin       rebuttal briefs in this proceeding are                     In accordance with section
                                                                                             (percent)      encouraged to submit with each                          735(a)(2)(A) of the Act and 19 CFR
                                                    Steamline Industries Ltd. ............            18.90 argument: (1) A statement of the issue;                 351.210(b)(2)(ii), because (1) our
                                                    Sunrise Stainless Pvt. Ltd. and                         (2) a brief summary of the argument;                    preliminary determination is
                                                       Sun Mark Stainless Pvt. Ltd.                         and (3) a table of authorities.                         affirmative; (2) the requesting exporter
                                                       (collectively, ‘‘Sunrise’’) 7 .........        *1.91    Pursuant to 19 CFR 351.310(c),                       accounts for a significant proportion of
                                                    All Others ....................................   18.90 interested parties who wish to request a                exports of the subject merchandise; and
                                                                                                            hearing must submit a written request to                (3) no compelling reasons for denial
                                                       * (de minimis)
                                                                                                            the Assistant Secretary for Enforcement                 exist, we are postponing the final
                                                    Suspension of Liquidation                               and Compliance, U.S. Department of                      determination and extending the
                                                        In accordance with section 733(d)(2)                Commerce. All documents must be filed                   provisional measures from a four-month
                                                    of the Act, we will direct U.S. Customs                 electronically using ACCESS. An                         period to a period not greater than six
                                                    and Border Protection (CBP) to suspend electronically-filed request must be                                     months. Accordingly, we will make our
                                                    liquidation of all entries of WSPP from                 received successfully in its entirety by                final determination no later than 135
                                                    India, with the exception of exports                    ACCESS by 5:00 p.m. Eastern Time,                       days after the date of publication of this
                                                    from Sunrise, as described in the scope                 within 30 days after the date of                        preliminary determination, pursuant to
                                                    of the investigation section entered, or                publication of this notice.10 Requests                  section 735(a)(2) of the Act.12
                                                    withdrawn from warehouse, for                           should contain the party’s name,
                                                    consumption on or after the date of                     address, and telephone number, the                      International Trade Commission
                                                    publication of this notice in the Federal number of participants, and a list of the                             (‘‘ITC’’) Notification
                                                    Register. Pursuant to 19 CFR 351.205(d), issues to be discussed. If a request for                                  In accordance with section 733(f) of
                                                    we will instruct CBP to require a cash                  a hearing is made, the Department                       the Act, we will notify the ITC of our
                                                    deposit equal to the weighted-average                   intends to hold the hearing at the U.S.                 preliminary affirmative determination of
                                                    amount by which the NV exceeds CEP,                     Department of Commerce, 14th Street                     sales at LTFV. Because the preliminary
                                                    as indicated in the chart above 8                       and Constitution Avenue NW.,                            determination in this proceeding is
                                                    adjusted where appropriate for export                   Washington, DC 20230, at a time and                     affirmative, section 735(b)(2) of the Act
                                                    subsidies, as follows: the rate for                     date to be determined. Parties should                   requires that the ITC make its final
                                                    Steamline, when adjusted for export                     confirm by telephone the date, time, and                determination whether the domestic
                                                    subsidies, is 16.90 percent; the rate for               location of the hearing two days before                 industry in the United States is
                                                    all others producers or exporters, when                 the scheduled date.                                     materially injured, or threatened with
                                                    adjusted for export subsidies, is also                  Verification                                            material injury, by reason of imports of
                                                    16.90 percent. These suspension of                                                                              WSPP from India before the later of 120
                                                                                                               As provided in section 782(i) of the
                                                    liquidation instructions will remain in                                                                         days after the date of this preliminary
                                                                                                            Act, we intend to verify information
                                                    effect until further notice.                                                                                    determination or 45 days after our final
                                                                                                            relied upon in making our final
                                                    Disclosure and Public Comment                           determination.                                          determination.
                                                                                                                                                                       This determination is issued and
                                                        We will disclose the calculations                   Postponement of Final Determination                     published in accordance with sections
                                                    performed to interested parties in this                 and Extension of Provisional Measures                   733(f) and 777(i)(1) of the Act and 19
                                                    proceeding within five days of the date                                                                         CFR 351.205(c).
                                                                                                               Section 735(a)(2) of the Act provides
                                                    of publication of this notice in
                                                                                                            that a final determination may be                         Dated: May 3, 2016.
                                                    accordance with 19 CFR 351.224(b).
                                                                                                            postponed until not later than 135 days                 Paul Piquado,
                                                    Interested parties are invited to
                                                                                                            after the date of the publication of the                Assistant Secretary for Enforcement and
                                                    comment on this preliminary
                                                                                                            preliminary determination if, in the                    Compliance.
                                                    determination. Case briefs or other
                                                                                                            event of an affirmative preliminary
                                                    written comments may be submitted to                                                                            Appendix I
                                                                                                            determination, a request for such
                                                    the Assistant Secretary for Enforcement
                                                                                                            postponement is made by exporters who
                                                    and Compliance no later than seven                                                                              Scope of the Investigation
                                                                                                            account for a significant proportion of
                                                    days after the date on which the final                                                                            The merchandise covered by this
                                                                                                            exports of the subject merchandise, or in
                                                    verification report is issued in this                                                                           investigation is circular welded austenitic
                                                                                                            the event of a negative preliminary
                                                    proceeding, and rebuttal briefs, limited                                                                        stainless pressure pipe not greater than 14
                                                                                                            determination, a request for such
                                                    to issues raised in case briefs, may be                                                                         inches in outside diameter. References to size
                                                                                                            postponement is made by Petitioners. 19                 are in nominal inches and include all
                                                    submitted no later than five days after
                                                                                                            CFR 351.210(e)(2) requires that requests                products within tolerances allowed by pipe
                                                    the deadline date for case briefs.              9
                                                                                                            by respondents for postponement of a                    specifications. This merchandise includes,
                                                       7 We have preliminarily determined to collapse
                                                                                                            final antidumping determination be                      but is not limited to, the American Society
                                                    Sunrise with its affiliate Sun Mark Stainless Pvt,      accompanied by a request for extension                  for Testing and Materials (‘‘ASTM’’) A–312
                                                    Ltd. (collectively, ‘‘Sunrise’’). See Memorandum to     of provisional measures from a four-                    or ASTM A–778 specifications, or
                                                    Brendan Quinn, Acting Director, Office III,             month period to a period not more than                  comparable domestic or foreign
                                                    ‘‘Antidumping Duty Investigation on Welded                                                                      specifications. ASTM A–358 products are
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            six months in duration.
                                                    Stainless Pressure Pipe from India: Preliminary                                                                 only included when they are produced to
                                                    Affiliation and Collapsing Memorandum for                  On April 28, 2016, pursuant to 19
                                                                                                                                                                    meet ASTM A–312 or ASTM A–778
                                                    Sunrise Stainless Private Limited’’ dated               CFR 351.210(b) and (e), Sunrise
                                                                                                                                                                    specifications, or comparable domestic or
                                                    concurrently with this notice.                          requested that, contingent upon an                      foreign specifications.
                                                       8 See Modification of Regulations Regarding the
                                                                                                            affirmative preliminary determination of
                                                    Practice of Accepting Bonds During the Provisional
                                                    Measures Period in Antidumping and
                                                                                                            sales at LTFV, the Department postpone                    11 See Letter to the Secretary of Commerce from

                                                    Countervailing Duty Investigations, 76 FR 61042         the final determination and that                        Sunrise ‘‘Extension Request for Final
                                                    (October 3, 2011).                                                                                              Determination’’ (April 28, 2016).
                                                      9 See 19 CFR 351.309.                                  10 See   19 CFR 351.310(c).                              12 See also 19 CFR 351.210(e).




                                               VerDate Sep<11>2014   17:33 May 09, 2016   Jkt 238001   PO 00000   Frm 00008   Fmt 4703     Sfmt 4703   E:\FR\FM\10MYN1.SGM   10MYN1


                                                    28826                          Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Notices

                                                      Excluded from the scope of the                        DEPARTMENT OF COMMERCE                                  Methodology
                                                    investigation are: (1) Welded stainless
                                                                                                                                                                       The Department is conducting this
                                                    mechanical tubing, meeting ASTM A–554 or                International Trade Administration                      review in accordance with section
                                                    comparable domestic or foreign
                                                                                                            [A–533–823]                                             751(a)(2) of the Tariff Act of 1930, as
                                                    specifications; (2) boiler, heat exchanger,
                                                                                                                                                                    amended (the Act). For a full
                                                    superheater, refining furnace, feedwater                Silicomanganese From India:                             description of the methodology
                                                    heater, and condenser tubing, meeting ASTM              Preliminary Results of Antidumping                      underlying our conclusions, see
                                                    A–249, ASTM A–688 or comparable                         Duty Administrative Review; 2014–                       Preliminary Decision Memorandum.
                                                    domestic or foreign specifications; and (3)             2015                                                    The Preliminary Decision Memorandum
                                                    specialized tubing, meeting ASTM A–269,
                                                                                                            AGENCY:   Enforcement and Compliance,                   is a public document and is on file
                                                    ASTM A–270 or comparable domestic or
                                                    foreign specifications.                                 International Trade Administration,                     electronically via Enforcement and
                                                      The subject imports are normally classified           U.S. Department of Commerce.                            Compliance’s Antidumping and
                                                    in subheadings 7306.40.5005, 7306.40.5040,
                                                                                                                                                                    Countervailing Duty Centralized
                                                                                                            SUMMARY: The Department of Commerce
                                                    7306.40.5062, 7306.40.5064, and
                                                                                                                                                                    Electronic Service System (ACCESS).
                                                                                                            (the Department) is conducting an                       ACCESS is available to registered users
                                                    7306.40.5085 of the Harmonized Tariff                   administrative review of the
                                                    Schedule of the United States (‘‘HTSUS’’).                                                                      at https://access.trade.gov and in the
                                                                                                            antidumping duty order on                               Central Records Unit, Room B8024 of
                                                    They may also enter under HTSUS                         silicomanganese from India pursuant to
                                                    subheadings 7306.40.1010, 7306.40.1015,                                                                         the main Department of Commerce
                                                                                                            section 751(a)(1) of the Tariff Act of                  building. In addition, a complete
                                                    7306.40.5042, 7306.40.5044, 7306.40.5080,               1930, as amended (the Act).1 This
                                                    and 7306.40.5090. The HTSUS subheadings                                                                         version of the Preliminary Decision
                                                                                                            review covers one company, Universal                    Memorandum can be accessed directly
                                                    are provided for convenience and customs                Ferro and Allied Chemicals Ltd.
                                                    purposes only; the written description of the                                                                   on the Internet at http://
                                                                                                            (Universal). The period of review (POR)                 enforcement.trade.gov/frn/index.html.
                                                    scope of this investigation is dispositive.             is May 1, 2014, through April 30, 2015.                 The signed Preliminary Decision
                                                                                                            We preliminarily find no evidence of                    Memorandum is identical in content.
                                                    Appendix II                                             any reviewable entries, shipments, or
                                                                                                            sales of subject merchandise by                         Preliminary Determination of No
                                                    List of Topics Discussed in the Preliminary                                                                     Shipments
                                                                                                            Universal during the POR, and are
                                                    Decision Memorandum
                                                                                                            therefore issuing a preliminary no                        Based on information Universal
                                                    I. Summary                                              shipments determination.                                submitted after the initiation of this
                                                    II. Background                                                                                                  administrative review, and due to the
                                                                                                            DATES: Effective Date: May 10, 2016.
                                                    III. Period of Investigation                                                                                    fact that we have not received any
                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    IV. Affiliation and Collapsing                                                                                  information from U.S. Customs and
                                                    V. Postponement of Final Determination and
                                                                                                            David Lindgren at (202) 482–3870; AD/
                                                                                                            CVD Operations, Office VII,                             Border Protection (CBP) indicating that
                                                          Extension of Provisional Measures
                                                                                                            Enforcement and Compliance,                             Universal had entries during the POR,
                                                    VI. Scope of the Investigation
                                                                                                            International Trade Administration,                     the Department has preliminarily
                                                    VII. Discussion of Methodology
                                                                                                            U.S. Department of Commerce, 14th                       determined that the record evidence
                                                       A. Determination of Comparison Method
                                                                                                            Street and Constitution Avenue NW.,                     indicates that Universal had no
                                                       B. Results of the Differential Pricing
                                                                                                            Washington, DC 20230.                                   reviewable entries during the POR. In
                                                          Analysis
                                                                                                            SUPPLEMENTARY INFORMATION:
                                                                                                                                                                    addition, the Department finds that it is
                                                    VIII. Date of Sale
                                                                                                                                                                    not appropriate to rescind the review
                                                    IX. Product Comparisons                                 Scope of the Order                                      with respect to Universal but, rather, to
                                                    X. Export Price and Constructed Export Price
                                                                                                               The products subject to the order are                complete the review and issue
                                                    XI. Normal Value
                                                                                                            all forms, sizes and compositions of                    appropriate instructions to CBP based
                                                       A. Comparison Market Viability
                                                                                                            silicomanganese, except low-carbon                      on the final results of review, as is our
                                                       B. Affiliated-Party Transactions and Arm’s-
                                                                                                            silicomanganese, including                              practice.3
                                                          Length Test
                                                       C. Level of Trade                                    silicomanganese briquettes, fines and                   Assessment Rates
                                                       D. Cost of Production Analysis                       slag. The silicomanganese subject to the
                                                                                                                                                                       For entries of subject merchandise
                                                       1. Calculation of Cost of Production                 order is currently classifiable under
                                                                                                                                                                    during the POR produced by Universal
                                                       2. Test of Comparison Market Sale Prices             subheading 7202.30.0000 of the
                                                                                                                                                                    which it did not know were destined for
                                                       3. Results of the COP Test                           Harmonized Tariff Schedule of the
                                                                                                                                                                    the United States, we instructed CBP to
                                                       E. Calculation of NV Based on Comparison             United States (HTSUS). The HTSUS
                                                                                                                                                                    liquidate unreviewed entries at the all-
                                                          Market Prices                                     subheading is provided for convenience
                                                                                                                                                                    others rate if there was no rate for the
                                                    XII. Currency Conversion                                and customs purposes. A full
                                                                                                                                                                    intermediate company or companies
                                                    XIII. Adjustment to Cash Deposit Rates                  description of the scope of the order is
                                                                                                                                                                    involved in the transaction.4 We intend
                                                    XIV. U.S. ITC Notification                              contained in the Preliminary Decision
                                                                                                                                                                    to issue assessment instructions directly
                                                    XV. Disclosure and Public Comment                       Memorandum, which is hereby adopted
                                                    XVI. Verification                                       by this notice.2 The written description                Administrative Review of the Antidumping Duty
                                                    XVII. Conclusion                                        is dispositive.                                         Order on Silicomanganese from India (Preliminary
                                                    [FR Doc. 2016–11034 Filed 5–9–16; 8:45 am]                                                                      Decision Memorandum), dated concurrently with
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                              1 See Initiation of Antidumping and                   this notice.
                                                    BILLING CODE 3510–DS–P
                                                                                                            Countervailing Duty Administrative Reviews, 80 FR         3 See, e.g., Certain Frozen Warmwater Shrimp

                                                                                                            37588 (July 1, 2015) (Initiation).                      From Thailand: Preliminary Results of
                                                                                                              2 For a full description of the scope of the order,   Antidumping Duty Administrative Review and
                                                                                                            see Memorandum from Christian Marsh, Deputy             Intent To Revoke the Order (in Part); 2011–2012, 78
                                                                                                            Assistant Secretary for Antidumping and                 FR 15686 (March 12, 2013) and the accompanying
                                                                                                            Countervailing Duty Operations, to Paul Piquado,        Decision Memorandum at 7 to 8.
                                                                                                            Assistant Secretary for Enforcement and                   4 See Antidumping and Countervailing Duty

                                                                                                            Compliance, ‘‘Decision Memorandum for the               Proceedings: Assessment of Antidumping Duties, 68
                                                                                                            Preliminary Results of the 2014–2015                    FR 23954 (May 6, 2003).



                                               VerDate Sep<11>2014   17:33 May 09, 2016   Jkt 238001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\10MYN1.SGM    10MYN1



Document Created: 2016-05-10 05:18:46
Document Modified: 2016-05-10 05:18:46
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
ContactJames Terpstra, or Alex Rosen, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3965, or (202) 482-7814, respectively.
FR Citation81 FR 28824 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR