81 FR 46048 - Antidumping Duty Investigation of Circular Welded Carbon-Quality Steel Pipe From the Socialist Republic of Vietnam: Amended Affirmative Preliminary Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 136 (July 15, 2016)
International Trade Administration
Federal Register Volume 81, Issue 136 (July 15, 2016)
| Page Range | 46048-46050 | |
| FR Document | 2016-16806 |
[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)] [Notices] [Pages 46048-46050] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16806] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-552-820] Antidumping Duty Investigation of Circular Welded Carbon-Quality Steel Pipe From the Socialist Republic of Vietnam: Amended Affirmative Preliminary Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) is amending the preliminary determination of the antidumping duty (AD) investigation of circular welded carbon-quality steel pipe (CWP) from the Socialist Republic of Vietnam (Vietnam) to correct significant ministerial errors. DATES: Effective July 15, 2016. FOR FURTHER INFORMATION CONTACT: Nancy Decker or Andrew Huston, AD/ [[Page 46049]] 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- 0196 or (202) 482-4261, respectively. SUPPLEMENTARY INFORMATION: Background On June 8, 2016, the Department published its affirmative preliminary determination that CWP from Vietnam is being, or is likely to be, sold in the United States at less than fair value, as provided by section 733 of the Tariff Act of 1930, as amended (the Act).\1\ The Department disclosed the calculations performed on June 6, 2016. Therefore, the deadline for submitting ministerial error allegations under 19 CFR 351.224(c)(2) was June 13, 2016. --------------------------------------------------------------------------- \1\ See Circular Welded Carbon-Quality Steel Pipe From the Socialist Republic of Vietnam: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 81 FR 36884 (June 8, 2016) (Preliminary Determination). --------------------------------------------------------------------------- The petitioners \2\ timely filed comments alleging significant ministerial errors in the margin calculated for Vietnam Haiphong Hongyuan Machinery Manufactory Co., Ltd. (Hongyuan).\3\ In addition, SeAH Steel VINA Corporation (SeAH) timely filed comments alleging ministerial errors in its margin calculation.\4\ --------------------------------------------------------------------------- \2\ The petitioners are Bull Moose Tube Company; EXLTUBE; Wheatland Tube, a division of JMC Steel Group; and Western Tube and Conduit. \3\ See the petitioners' June 13, 2016, letter. \4\ See SeAH's June 13, 2016, letter. --------------------------------------------------------------------------- Scope of the Investigation For a full description of the scope of this investigation, see ``Scope of Investigation'' at Appendix II of the Preliminary Determination. Analysis of Significant Ministerial Error Allegations The Department will analyze any comments received and, if appropriate, correct any significant ministerial error by amending the preliminary determination according to 19 CFR 351.224(e). A ministerial error is defined in 19 CFR 351.224(f) as ``an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.'' Further, a significant ministerial error is defined in 19 CFR 351.224(g) as a ministerial error, the correction of which, singly or in combination with other errors, would result in: (1) A change of at least five absolute percentage points in, but not less than 25 percent of, the weighted-average dumping margin calculated in the original (erroneous) preliminary determination; or (2) a difference between a weighted-average dumping margin of zero (or de minimis) and a weighted-average dumping margin of greater than de minimis, or vice versa. In accordance with 19 CFR 351.224(e) and (g)(2), the Department is amending the Preliminary Determination to reflect the corrections of significant ministerial errors in Hongyuan's margin calculation. However, as the ministerial errors alleged by SeAH are not significant in accordance with 19 CFR 351.224(g), the Department has not analyzed SeAH's comments, and is not amending SeAH's margin calculation. As a result of amending Hongyuan' margin, the Department is also revising the margin for the separate rate company.\5\ --------------------------------------------------------------------------- \5\ See Memorandum to Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ``Ministerial Error Memorandum for the Affirmative Preliminary Determination of the Antidumping Duty Investigation of Circular Welded Carbon-Quality Steel Pipe From the Socialist Republic of Vietnam,'' dated concurrently with this notice, for the analysis performed (Ministerial Error Memorandum). This memorandum is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Department's Central Records Unit in Room B8024 of the Department of Commerce building. --------------------------------------------------------------------------- Ministerial Error Allegations For a complete analysis of the ministerial error allegations, see the Ministerial Error Memorandum.\6\ --------------------------------------------------------------------------- \6\ Id. --------------------------------------------------------------------------- Amended Preliminary Determination We are correcting the preliminary dumping margin for Hongyuan. Consequently, we are also amending the preliminary separate rate for Hoa Phat Steel Pipe Co. (Hoa Phat). SeAH's preliminary dumping margin is unchanged. ------------------------------------------------------------------------ Weighted- average Exporter Producer dumping margin (percent) ------------------------------------------------------------------------ Vietnam Haiphong Hongyuan Vietnam Haiphong 2.32 Machinery Manufactory Co., Ltd. Hongyuan Machinery Manufactory Co., Ltd. Hoa Phat Steel Pipe Co......... Hoa Phat Steel Pipe Co. 2.32 SeAH Steel VINA Corporation.... SeAH Steel VINA 0.00 Corporation. Vietnam-Wide Entity............ ....................... 113.18 ------------------------------------------------------------------------ Amended Cash Deposits and Suspension of Liquidation The collection of cash deposits and suspension of liquidation will be revised according to the rates calculated in this amended preliminary determination. Because Hongyuan's and Hoa Phat's amended rates are now above de minimis, we will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of CWP from Vietnam produced, as described in the scope of the section, which were produced and exported by these companies entered, or withdrawn from warehouse, for consumption. Because the correction of the errors for Hongyuan effectively results in increased cash deposit rates for Hongyuan and Hoa Phat, the revised rates calculated for Hongyuan and Hoa Phat will be effective on the date of publication of this notice in the Federal Register. Parties will be notified of this determination, in accordance with sections 733(d) and (f) of the Act. International Trade Commission Notification In accordance with section 733(f) of the Act, we notified the International Trade Commission of our amended preliminary determination. Notification to Interested Parties The Department intends to disclose calculations performed in connection with this amended preliminary determination within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). [[Page 46050]] This amended preliminary determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.224(e). Dated: July 6, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016-16806 Filed 7-14-16; 8:45 am] BILLING CODE 3510-DS-P
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withdrawal from warehouse, for —Camau Frozen Seafood Processing —Sao Ta Foods Joint Stock Company
consumption, during the period Import Export Corporation (‘‘Camimex’’) (‘‘Fimex VN’’)
February 1, 2015, through January 31, —Camau Frozen Seafood Processing —Sao Ta Seafood Factory
Import Export Corp. (CAMIMEX-FAC 25) 14. Seavina Joint Stock Company
2016, in accordance with 19 CFR
—Camau Frozen Seafood Processing 15.—Soc Trang Aquatic Products and
351.212(c)(1)(i). The Department Import-Export Corporation General Import Export Company
intends to issue appropriate assessment (‘‘CAMIMEX’’) (‘‘Stapimex’’)
instructions to CBP 15 days after the —Camau Frozen Seafood Processing —Soc Trang Seafood Joint Stock Company
publication of this notice in the Federal Import Export Corporation (‘‘Camimex’’) (‘‘STAPIMEX’’)
Register, if appropriate. —Ca Mau Frozen Seafood Processing —Soc Trang Seafood Joint Stock Company
Import Export Corporation (‘‘Stapimex’’)
Notifications (‘‘CAMIMEX’’) 16.—Cong Ty Tnhh Thong Thuan (Thong
This notice serves as a final reminder 4.—Camau Seafood and Service Joint Stock Thuan)
to importers of their responsibility Company (‘‘CASES’’) —Thong Thuan Company Limited
—Camau Seafood Processing and Service —Thong Thuan Company
under 19 CFR 351.402(f)(2) to file a Jointstock Corporation (‘‘CASES’’) 17.—Thong Thuan Seafood Company
certificate regarding the reimbursement —Camau Seafood Processing and Service Limited
of antidumping duties prior to Joint-Stock Company (‘‘CASES’’) —Thong Thuan—Cam Ranh Seafood Joint
liquidation of the relevant entries —Camau Seafood Processing and Service Stock Company
during this review period. Failure to Joint Stock Corporation (and its affiliates, 18.—Thuan Phuoc Seafoods and Trading
comply with this requirement could Kien Giang Branch—Camau Seafood Corporation
result in the Department’s presumption Processing & Service Joint Stock —Thuan Phuoc Seafoods and Trading
that reimbursement of the antidumping Corporation, collectively ‘‘CASES’’) Corporation (‘‘Thuan Phuoc Corp’’)
5. Can Tho Import Export Fishery Limited —Thuan Phuoc Seafoods and Trading
duties occurred and the subsequent Corporation and its separate factories
Company (‘‘CAFISH’’)
assessment of doubled antidumping 6.—Cuu Long Seaproducts Company (‘‘Cuu Frozen Seafood Factory No. 32, Seafoods
duties. Long Seapro’’) and Foodstuff Factory, and My Son
This notice also serves as a final —Cuulong Seaproducts Company Seafoods Factory (collectively ‘‘Thuan
reminder to parties subject to (‘‘Cuulong Seapro’’) Phuoc Corp.’’)
administrative protective order (‘‘APO’’) —Cuulong Seaproducts Company (‘‘Cuu —Seafoods and Foodstuff Factory
of their responsibility concerning the Long Seapro’’) —My Son Seafoods Factory
return or destruction of proprietary —CL Fish Co., Ltd. (Cuu Long Fish —Frozen Seafoods Factory No. 32
information disclosed under APO in Company) 19.—Viet Foods Co., Ltd.
7.—Hai Viet Corporation (HAVICO) —Viet Foods Co., Ltd. (‘‘Viet Foods’’)
accordance with 19 CFR 351.305(a)(3), —Nam Hai Foodstuff and Export Company
—Hai Viet Corporation (‘‘HAVICO’’)
which continues to govern business 8.—Minh Hai Export Frozen Seafood Ltd
proprietary information in this segment Processing Joint-Stock Company (‘‘Minh 20.—Vietnam Clean Seafood Corporation
of the proceeding. Timely written Hai Jostoco’’) —Vietnam Clean Seafood Corporation
notification of the return or destruction —Minh Hai Export Frozen Seafood (‘‘Vina Cleanfood’’)
of APO materials, or conversion to Processing JointStock Company (‘‘Minh —Vietnam Clean Seafood Corporation
judicial protective order, is hereby Hai Jostoco’’) (VINA Cleanfood)
requested. Failure to comply with the 9.—Minh Hai Joint-Stock Seafoods 21.—Viet I-Mei Frozen Foods Co., Ltd.
Processing Company (Seaprodex Minh —Viet I-Mei Frozen Foods Co. Ltd (‘‘Viet
regulations and terms of an APO is a I-Mei’’)
violation which is subject to sanction. Hai) (Sea Minh Hai)
—Minh Hai Joint-Stock Seafoods [FR Doc. 2016–16804 Filed 7–14–16; 8:45 am]
This notice is issued and published in
Processing Company (‘‘Seaprodex Minh
accordance with sections 751(a)(1) and Hai’’)
BILLING CODE 3510–DS–P
777(i)(1) of the Tariff Act of 1930, as —Sea Minh Hai
amended, and 19 CFR 351.213(d)(4). —Seaprodex Minh Hai (Minh Hai Joint DEPARTMENT OF COMMERCE
Dated: July 11, 2016. Stock Seafoods Processing Co.)
—Seaprodex Minh Hai International Trade Administration
Christian Marsh,
10. Ngoc Tri Seafood Joint Stock Company
Deputy Assistant Secretary for Antidumping 11.—Nha Trang Seaproduct Company (and [A–552–820]
and Countervailing Duty Operations. its affiliates NT Seafoods Corporation,
Appendix I—Companies Rescinded Nha Trang Seafoods—F.89 Joint Stock Antidumping Duty Investigation of
Company, NTSF Seafoods Joint Stock Circular Welded Carbon-Quality Steel
From Review
Company (collectively ‘‘Nha Trang Pipe From the Socialist Republic of
1.—Bac Lieu Fisheries Joint Stock Company Seafoods Group’’) Vietnam: Amended Affirmative
—Bac Lieu Fisheries Joint Stock Company —NTSF Seafoods Joint Stock Company
Preliminary Determination
(‘‘Bac Lieu’’) (‘‘NTSF Seafoods’’) (Nha Trang Seafoods
—Bac Lieu Fisheries Joint Stock Company F89 Joint Stock Company) (Nha Trang AGENCY: Enforcement and Compliance,
(‘‘Bac Lieu Fis’’) Seaproduct Company) (NT Seafoods International Trade Administration,
2.—Ca Mau Seafood Joint Stock Company Corporation) Department of Commerce.
(‘‘Seaprimexco Vietnam’’) —Nha Trang Seaproduct Company (‘‘Nha
—Ca Mau Seafood Joint Stock Company Trang Seafoods’’) SUMMARY: The Department of Commerce
(‘‘Seaprimexco’’) 12.—Quoc Viet Seaproducts Processing (Department) is amending the
—Ca Mau Seafood Joint Stock Company Trading and Import-Export Co., Ltd. preliminary determination of the
(‘‘SEAPRIMEXCO’’) —Quoc Viet Seaproducts Processing Trade antidumping duty (AD) investigation of
sradovich on DSK3GMQ082PROD with NOTICES
—Minh Hai Sea Products Import Export and Import-Export Co., Ltd. (‘‘Quoc Viet circular welded carbon-quality steel
Company (‘‘Seaprimex Co’’) Co. Ltd.’’) pipe (CWP) from the Socialist Republic
—Seaprimexco 13.—Sao Ta Foods Joint Stock Company (Sao of Vietnam (Vietnam) to correct
—Seaprimexco Vietnam Ta Seafood Factory) (FIMEX VN) significant ministerial errors.
3.—Camau Seafood Factory No.5 —Sao Ta Foods Joint Stock Company
—Camau Seafood Factory No.4 (‘‘FIMEX VN’’) (and its factory ‘‘Sao Ta DATES: Effective July 15, 2016.
—Camau Frozen Seafood Processing Seafoods Factory’’) FOR FURTHER INFORMATION CONTACT:
ImportExport Corporation (‘‘CAMIMEX’’) —Fimex VN Nancy Decker or Andrew Huston, AD/
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![46050 Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Notices
This amended preliminary deadlines due to the closure of the Decision Memorandum is a public
determination is issued and published Federal Government because of document and is on file electronically
in accordance with sections 733(f) and Snowstorm ‘‘Jonas.’’ Thus, all of the via Enforcement and Compliance’s
777(i)(1) of the Act and 19 CFR deadlines in this segment of the Antidumping and Countervailing Duty
351.224(e). proceeding were extended by four Centralized Electronic Service System
Dated: July 6, 2016. business days. The revised deadline for (ACCESS). ACCESS is available to
the preliminary results of this review, registered users at http://
Ronald K. Lorentzen,
after the four business-day extension, access.trade.gov and is available in the
Acting Assistant Secretary for Enforcement
was February 29, 2016.2 However, on Central Records Unit, Room B8024 of
and Compliance.
February 29, 2016, the Department the main Department of Commerce
[FR Doc. 2016–16806 Filed 7–14–16; 8:45 am]
extended the time period for issuing the building. In addition, a complete
BILLING CODE 3510–DS–P preliminary results of this NSR by 106 version of the Preliminary Decision
days, until June 14, 2016.3 We extended Memorandum can be accessed directly
it again by 14 days on June 8, 2016, at http://enforcement.trade.gov/frn/.
DEPARTMENT OF COMMERCE until June 28, 2016.4 The signed Preliminary Decision
International Trade Administration Memorandum and the electronic
Scope of the Order
version of the Preliminary Decision
[A–489–805] Imports covered by this review are Memorandum are identical in content.
shipments of certain non-egg dry pasta
Certain Pasta From Turkey: in packages of five pounds (2.27 Preliminary Rescission of the
Preliminary Rescission of Antidumping kilograms) or less, whether or not Antidumping New Shipper Review of
Duty New Shipper Review enriched or fortified or containing milk Durum
AGENCY: Enforcement and Compliance, or other optional ingredients such as As discussed in the Bona Fide Sales
International Trade Administration, chopped vegetables, vegetable purees, Analysis Memorandum,6 the
Department of Commerce. milk, gluten, diastases, vitamins, Department preliminarily finds that the
coloring and flavorings, and up to two sale made by Durum serving as the basis
SUMMARY: The Department of Commerce
percent egg white. for this review is not a bona fide sale.
(the Department) is conducting a new For a full description of the scope of The Department reached this conclusion
shipper review (NSR) of the the order, see the memorandum from based on the totality of the
antidumping duty order on certain pasta Christian Marsh, Deputy Assistant circumstances surrounding the reported
(pasta) from Turkey. The NSR covers Secretary for Antidumping and sale, including the sales price, the
one exporter and producer of subject Countervailing Duty Operations, to Paul number of sales that Durum reported,
merchandise, Durum Gida Sanayi ve Piquado, Assistant Secretary for the importer’s inability to prove that it
Ticaret A.S. (Durum). The period of Enforcement and Compliance, had received payment from its U.S.
review (POR) is July 1, 2014 through ‘‘Decision Memorandum for Certain customers, and the fact that the record
June 30, 2015. The Department Pasta from Turkey: Preliminary Results fails to establish that the U.S. importer
preliminarily determines that Durum of New Shipper Review’’ (Preliminary realized a profit on its re-sale of the
did not make a bona fide sale during the Decision Memorandum), which is dated subject merchandise.
POR; therefore, we are preliminarily concurrently with this notice, and is Because the non-bona fide sale was
rescinding this NSR. Interested parties hereby incorporated by reference.5 the only reported sale of subject
are invited to comment on the merchandise during the POR, we find
preliminary results of this review. Methodology
there are no reviewable transactions
DATES: Effective July 15, 2016. The Department is conducting this during this new shipper period of
FOR FURTHER INFORMATION CONTACT: Fred review in accordance with section review. Accordingly, we are
Baker or Robert James, AD/CVD 751(a)(2)(B) of the Tariff Act of 1930, as preliminarily rescinding this NSR.7
Operations, Office VI, Enforcement and amended (the Act) and 19 CFR 351.214. Because the factual information used in
Compliance, International Trade For a full description of the our bona fides analysis of Durum’s sale
Administration, Department of methodology underlying our involves business proprietary
Commerce, 1401 Constitution Avenue conclusions, see the Preliminary information, for a full discussion of the
NW., Washington, DC 20230; telephone: Decision Memorandum, which is hereby basis for our preliminary determination
(202) 482–2924 and (202) 482–0649, adopted by this notice. The Preliminary see the Bona Fide Sales Analysis
respectively. 2 See Memorandum to the Record from Ron
Memorandum.
SUPPLEMENTARY INFORMATION: Lorentzen, Acting Assistant Secretary for Public Comment
Enforcement & Compliance, regarding ‘‘Tolling of
Background Administrative Deadlines as a Result of the Interested parties may submit case
On September 2, 2015, the
Government Closure during Snowstorm Jonas,’’ briefs no later than 30 days after the
dated January 27, 2016. date of publication of the preliminary
Department published a notice of 3 See Memorandum to Christian Marsh, Deputy
initiation of a new shipper review of the Assistant Secretary for Antidumping and
results of review.8 Rebuttals to case
antidumping duty order on pasta from Countervailing Duty Operations, ‘‘Certain Pasta
6 See Memorandum from Fred Baker,
from Turkey: Extension of Deadline for Preliminary
Turkey.1 The Department subsequently Results of Antidumping Duty New Shipper International Trade Analyst, Office VI AD/CVD
issued initial and supplemental Review,’’ dated February 29, 2016. Operations, to Scot Fullerton, Director, Office VI,
sradovich on DSK3GMQ082PROD with NOTICES
questionnaires to Durum, and received 4 See Memorandum to Christian Marsh, Deputy AD/CVD Operations entitled ‘‘2014–2015
timely responses thereto. Assistant Secretary for Antidumping and Antidumping Duty New Shipper Review of Certain
Countervailing Duty Operations, ‘‘Certain Pasta Pasta From Turkey: Preliminary Bona Fide Sales
The Department has exercised its from Turkey: Extension of Deadline for Preliminary Analysis for Durum Gida Sanayi ve Ticaret A.S.,’’
discretion to toll all administrative Results of Antidumping Duty New Shipper (Bona Fide Sales Analysis Memorandum) dated
Review,’’ dated June 8, 2016. concurrently with and hereby adopted by this
1 See Certain Pasta From Turkey: Initiation of 5 A list of the topics discussed in the Preliminary notice.
7 See 19 CFR 351.213(d)(3).
Antidumping Duty New Shipper Review, 80 FR Decision Memorandum appears in Appendix I of
53112 (September 2, 2015) (Initiation Notice). this notice. 8 See 19 CFR 351.309(c).
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Document Created: 2016-07-15 02:53:07
Document Modified: 2016-07-15 02:53:07
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective July 15, 2016. | |
| Contact | Nancy Decker or Andrew Huston, 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- 0196 or (202) 482-4261, respectively. | |
| FR Citation | 81 FR 46048 |
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