81_FR_67114 81 FR 66925 - Countervailing Duty Investigation of Welded Stainless Pressure Pipe From India: Final Affirmative Determination

81 FR 66925 - Countervailing Duty Investigation of Welded Stainless Pressure Pipe From India: Final Affirmative Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 189 (September 29, 2016)

Page Range66925-66927
FR Document2016-23575

The Department of Commerce (``Department'') determines that countervailable subsidies are being provided to producers and exporters of welded stainless pressure pipe from India. For information on the subsidy rates, see the ``Final Determination'' section of this notice. The period of investigation is January 1, 2014, through December 31, 2014.

Federal Register, Volume 81 Issue 189 (Thursday, September 29, 2016)
[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Notices]
[Pages 66925-66927]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23575]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-868]


Countervailing Duty Investigation of Welded Stainless Pressure 
Pipe From India: Final Affirmative Determination

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

SUMMARY: The Department of Commerce (``Department'') determines that 
countervailable subsidies are being provided to producers and exporters 
of welded stainless pressure pipe from India. For information on the 
subsidy rates, see the ``Final Determination'' section of this notice. 
The period of investigation is January 1, 2014, through December 31, 
2014.

DATES: Effective September 29, 2016.

FOR FURTHER INFORMATION CONTACT: Amanda Mallott at 202-482-6430, 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.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the Preliminary Determination on March 11, 
2016,\1\ and issued a Post-Preliminary Memorandum on August 23, 
2016.\2\ A summary of the events that occurred since the Preliminary 
Determination, and a full discussion of the issues raised by parties 
for this final determination, may be found in the Issues and Decision 
Memorandum.\3\ The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized

[[Page 66926]]

Electronic Service System (``ACCESS''). ACCESS is available to 
registered users at http://access.trade.gov, and is available to all 
parties in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and the electronic versions of the Issues and Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \1\ See Countervailing Duty Investigation of Welded Stainless 
Pressure Pipe from India: Preliminary Affirmative Determination and 
Alignment of Final Determination With Final Antidumping Duty 
Determination, 81 FR 12871 (March 11, 2016) (``Preliminary 
Determination'').
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Post-Preliminary Analysis in the Countervailing Duty Investigation 
of Welded Stainless Pressure Pipe from India,'' dated August 23, 
2016 (``Post-Preliminary Memorandum'').
    \3\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Issues and Decision Memorandum for the Final Affirmative 
Determination in the Countervailing Duty Investigation of Welded 
Stainless Pressure Pipe from India,'' dated concurrently with, and 
hereby incorporated by reference and adopted by, this notice 
(``Issues and Decision Memorandum'').
---------------------------------------------------------------------------

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, from India. For a complete description of the scope 
of this investigation, see Appendix II. The Department did not receive 
comments regarding the scope of this investigation.

Methodology

    The Department is conducting this countervailing duty (``CVD'') 
investigation in accordance with section 701 of the Tariff Act of 1930, 
as amended (``the Act''). For each of the subsidy programs found 
countervailable, we determine that there is a subsidy, i.e., a 
financial contribution by an ``authority'' that gives rise to a benefit 
to the recipient, and that the subsidy is specific.\4\ For a full 
description of the methodology underlying our conclusions, see the 
Issues and Decision Memorandum.\5\
---------------------------------------------------------------------------

    \4\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
    \5\ See also Preliminary Determination and accompanying 
Preliminary Decision Memorandum; and Post-Preliminary Memorandum.
---------------------------------------------------------------------------

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum. A list of the issues 
that parties raised, and to which we responded in the Issues and 
Decision Memorandum, is attached to this notice at Appendix I.

Use of Adverse Facts Available

    In making this final determination, the Department relied, in part, 
on facts available with regard to specificity and financial 
contribution of the electricity duty rebate provided to Steamline 
Industries Limited (``Steamline''), as well as an adjustment to 
Steamline's reported total sales value and total export sales value.\6\ 
Because neither Steamline nor the Government of India acted to the best 
of their ability to respond to the Department's requests for 
information, we drew an adverse inference, where appropriate, in 
selecting from among the facts otherwise available.\7\ For further 
information, see the section ``Use of Facts Otherwise Available and 
Adverse Inferences'' in the accompanying Issues and Decision 
Memorandum.
---------------------------------------------------------------------------

    \6\ See Issues and Decision Memorandum at Comments 5 and 6.
    \7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties, we made certain changes to the subsidy program rate 
calculations since the Preliminary Determination. For a discussion of 
these changes, see the Issues and Decision Memorandum.

Final Determination

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we 
calculated an individual rate for each producer/exporter of the subject 
merchandise individually investigated. In accordance with section 
705(c)(5)(A) of the Act, for companies not individually examined, we 
apply an ``all-others'' rate, which is normally calculated by weighting 
the subsidy rates of the companies that the Department individually 
investigated by those companies' exports of the subject merchandise to 
the United States. Under section 705(c)(5)(A)(i) of the Act, the all-
others rate should exclude zero and de minimis rates or any rates based 
entirely on facts otherwise available pursuant to section 776 of the 
Act. Accordingly, in these final results, we have calculated the ``all-
others'' rate by weight-averaging the calculated subsidy rates of the 
two individually investigated respondents, using the respondent's 
publicly-ranged sales data for exports of subject merchandise to the 
United States.\8\
---------------------------------------------------------------------------

    \8\ See Memorandum to the File, ``Countervailing Duty 
Investigation of Welded Stainless Pressure Pipe from India: Final 
Determination Margin Calculation for All-Others,'' dated 
concurrently with this memorandum.

------------------------------------------------------------------------
                                                          Subsidy rate
                  Exporter/producer                        (percent)
------------------------------------------------------------------------
Steamline Industries Limited.........................               3.13
Sunrise Stainless Private Limited, Sun Mark Stainless               6.22
 Pvt. Ltd., and Shah Foils Ltd. (collectively,
 ``Sunrise Group'')..................................
All-Others...........................................               4.65
------------------------------------------------------------------------

Disclosure

    We intend to disclose to parties in this proceeding the 
calculations performed for this final determination within five days of 
the date of public announcement of our final determination, in 
accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination, and pursuant to 
section 703(d) of the Act, we instructed U.S. Customs and Border 
Protection (``CBP'') to suspend liquidation of entries of merchandise 
under consideration from India that were entered or withdrawn from 
warehouse, for consumption, on or after March 11, 2016, which is the 
publication date in the Federal Register of the Preliminary 
Determination. In accordance with section 703(d) of the Act, we issued 
instructions to CBP to discontinue the suspension of liquidation for 
CVD purposes for subject merchandise entered, or withdrawn from 
warehouse, on or after July 9, 2016 but to continue the suspension of 
liquidation of all entries of subject merchandise from March 11, 2016 
through July 8, 2016.
    If the U.S. International Trade Commission (``ITC'') issues a final 
affirmative injury determination, we will issue a CVD order and will 
reinstate the suspension of liquidation under section 706(a) of the Act 
and will require a cash deposit of estimated CVDs for such entries of 
subject merchandise in the amounts indicated above. If the ITC 
determines that material injury, or threat of material injury, does not 
exist, this proceeding will be terminated and all estimated duties 
deposited as a result of the suspension of liquidation will be refunded 
or canceled.

[[Page 66927]]

International Trade Commission Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information relating to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order, without the written consent 
of the Assistant Secretary for Enforcement and Compliance.

Notification Regarding Administrative Protective Orders

    In the event the ITC issues a final negative injury determination, 
this notice will serve as the only reminder to parties subject to an 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation 
subject to sanction.
    This determination is issued and published pursuant to sections 
705(d) and 777(i) of the Act.

    Dated: September 22, 2016.
Paul Piquado,
Assistant Secretary, for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. List of Issues
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Analysis of Programs
VIII. Calculation of the All-Others Rate
IX. Analysis of Comments
    Comment 1: Whether the Advance Authorization Program (``AAP'') 
Provides a Countervailable Subsidy
    Comment 2: Whether the Duty Drawback (``DDB'') Program Provides 
a Countervailable Subsidy
    Comment 3: Whether the Export Promotion of Capital Goods Scheme 
(``EPCGS'') Provides a Countervailable Subsidy and Whether the 
Department Should Use a Different Denominator for the Benefit 
Calculation
    Comment 4: Whether the Department Should Investigate and 
Countervail Marketable Certificates Purchased From Third Parties
    Comment 5: Whether Steamline's Total Sales and Total Export 
Sales Figures Are Overstated
    Comment 6: Whether the Electricity Duty Exemption Provided by 
the Uttar Gujarat Vij Company Limited Is a Countervailable Subsidy 
Program
    Comment 7: Whether the Department Should Countervail 
Preferential Water Rates Provided by the Gujarat Industrial 
Development Corporation (``GIDC'') Under the GIDC Water Supply 
Regulation of 1991
    Comment 8: Whether the Provision of Land for Less Than Adequate 
Remuneration (``LTAR'') Provides a Countervailable Subsidy 
Recommendation

Appendix II

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.
    Excluded from the scope of the investigation are: (1) Welded 
stainless mechanical tubing, meeting ASTM A-554 or comparable 
omestic 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.

[FR Doc. 2016-23575 Filed 9-28-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                           Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices                                                   66925

                                                    The President issued Executive Order                  notice of meetings at least 15 calendar               DEPARTMENT OF COMMERCE
                                                  No. 13733, Delegation of Certain                        days in advance.
                                                  Authorities and Assignment of Certain                                                                         International Trade Administration
                                                  Functions under the Trade Facilitation                  IV. Request for Nominations
                                                                                                                                                                [C–533–868]
                                                  and Trade Enforcement Act of 2015, on                      The TPCC Secretariat seeks
                                                  July 22, 2016, assigning to the Secretary               nominations for representatives from                  Countervailing Duty Investigation of
                                                  of Commerce the function under Section                                                                        Welded Stainless Pressure Pipe From
                                                                                                          State trade agencies and local and
                                                  2313A(b) of establishing the Working                                                                          India: Final Affirmative Determination
                                                                                                          municipal governments to the Working
                                                  Group. In the Executive Order, the
                                                  President further directed that, in                     Group. For purposes of this notice, a                 AGENCY:   Enforcement and Compliance,
                                                  carrying out its functions, the State and               ‘‘State trade agency’’ is the lead official           International Trade Administration,
                                                  Federal Export Promotion Coordination                   governmental trade promotion agency                   Department of Commerce.
                                                  Working Group shall also coordinate                     for a State, and includes separately                  SUMMARY: The Department of Commerce
                                                  with local and municipal governments                    established trade agencies as well as                 (‘‘Department’’) determines that
                                                  representing regionally diverse areas.                  trade offices within a State agency or                countervailable subsidies are being
                                                                                                          department or the Office of the                       provided to producers and exporters of
                                                  III. Member and Meeting Information                     Governor. A ‘‘local or municipal                      welded stainless pressure pipe from
                                                     The Secretary of Commerce shall                      government’’ includes, but is not                     India. For information on the subsidy
                                                  select the members of the Working                       limited to, town, city, and county                    rates, see the ‘‘Final Determination’’
                                                  Group, who shall include                                governments. The TPCC seeks                           section of this notice. The period of
                                                  representatives from State trade                        representation of regionally diverse                  investigation is January 1, 2014, through
                                                  agencies and local and municipal                        areas.                                                December 31, 2014.
                                                  governments representing regionally                                                                           DATES: Effective September 29, 2016.
                                                  diverse areas and representatives of the                   Qualified individuals may self-
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT:
                                                  federal departments and agencies that                   nominate or be nominated by a senior
                                                                                                                                                                Amanda Mallott at 202–482–6430, AD/
                                                  are represented on the TPCC.                            level State government or local or
                                                                                                                                                                CVD Operations, Office III, Enforcement
                                                  Representatives from State trade                        municipal government official. To be
                                                                                                                                                                and Compliance, International Trade
                                                  agencies must be: (1) Elected officers of               considered, nominators should submit
                                                                                                                                                                Administration, U.S. Department of
                                                  a State, or (2) State employees                         the following information:                            Commerce, 14th Street and Constitution
                                                  designated by an elected State officer to                  (1) Name, title, and relevant contact              Avenue NW., Washington, DC 20230.
                                                  represent the State trade agency with                   information (including phone and email                SUPPLEMENTARY INFORMATION:
                                                  authority to act on his or her behalf.                  address) for the nominee, the state trade
                                                  Representatives from local and                          agency that the nominee would                         Background
                                                  municipal governments must be: (1)                                                                               The Department published the
                                                                                                          represent or the local or municipal
                                                  Elected officers or (2) local or municipal                                                                    Preliminary Determination on March 11,
                                                                                                          government the nominee would
                                                  employees designated by an elected                                                                            2016,1 and issued a Post-Preliminary
                                                  officer to represent the local and                      represent;
                                                                                                                                                                Memorandum on August 23, 2016.2 A
                                                  municipal government with authority to                     (2) A resume or short biography of the
                                                                                                                                                                summary of the events that occurred
                                                  act on his or her behalf.                               nominee, including professional and                   since the Preliminary Determination,
                                                     Because the Working Group will be an                 academic credentials.                                 and a full discussion of the issues raised
                                                  intergovernmental committee composed                       (3) A statement of the nominee’s role              by parties for this final determination,
                                                  wholly of full-time or part-time Federal
                                                                                                          in state, local, or municipal export                  may be found in the Issues and Decision
                                                  Government officers or employees, State
                                                                                                          promotion activities.                                 Memorandum.3 The Issues and Decision
                                                  government elected officers or their
                                                                                                             Should more information be needed,                 Memorandum is a public document and
                                                  designees, and local and municipal
                                                                                                          TPCC staff will contact the nominee. If               is on file electronically via Enforcement
                                                  elected officials or their designees, all of
                                                                                                          nominees are not an elected official, a               and Compliance’s Antidumping and
                                                  whom will be acting in their official
                                                  capacities solely to exchange views,                                                                          Countervailing Duty Centralized
                                                                                                          letter may be requested from an elected
                                                  information, or advice relating to the                  official that indicates the nominee has                  1 See Countervailing Duty Investigation of Welded
                                                  management and implementation of                        been designated to participate in the                 Stainless Pressure Pipe from India: Preliminary
                                                  Federal programs established by statute                 Working Group on his or her behalf.                   Affirmative Determination and Alignment of Final
                                                  that explicitly share intergovernmental                                                                       Determination With Final Antidumping Duty
                                                                                                             Nominators should submit the above                 Determination, 81 FR 12871 (March 11, 2016)
                                                  responsibilities and administration, the
                                                                                                          information via electronic transmission               (‘‘Preliminary Determination’’).
                                                  Working Group is not covered by the
                                                  Federal Advisory Committee Act, 5                       to StateandLocal@trade.gov. The                          2 See Memorandum from Christian Marsh, Deputy

                                                                                                                                                                Assistant Secretary for Antidumping and
                                                  U.S.C. App.                                             submission must be received on or                     Countervailing Duty Operations, to Paul Piquado,
                                                     Members appointed as representatives                 before 5:00 p.m. (ET) on October 24,                  Assistant Secretary for Enforcement and
                                                  from State trade agencies and local and                 2016.                                                 Compliance, ‘‘Post-Preliminary Analysis in the
                                                                                                                                                                Countervailing Duty Investigation of Welded
                                                  municipal governments will not receive                    Dated: September 23, 2016.                          Stainless Pressure Pipe from India,’’ dated August
                                                  any Federal compensation for their                      Patrick Kirwan,                                       23, 2016 (‘‘Post-Preliminary Memorandum’’).
                                                  services and will not be reimbursed for                                                                          3 See Memorandum from Christian Marsh, Deputy
                                                                                                          Director, Trade Promotion Coordinating                Assistant Secretary for Antidumping and
                                                  travel expenses. Meetings will be held
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          Committee Secretariat.                                Countervailing Duty Operations, to Paul Piquado,
                                                  in person and/or via teleconference. The                                                                      Assistant Secretary for Enforcement and
                                                                                                          [FR Doc. 2016–23501 Filed 9–28–16; 8:45 am]
                                                  TPCC will make every effort to use                                                                            Compliance, ‘‘Issues and Decision Memorandum for
                                                  technology to allow for remote                          BILLING CODE 3510–25–P                                the Final Affirmative Determination in the
                                                  participation in meetings, but there will                                                                     Countervailing Duty Investigation of Welded
                                                                                                                                                                Stainless Pressure Pipe from India,’’ dated
                                                  be times when in-person meetings will                                                                         concurrently with, and hereby incorporated by
                                                  be necessary. The TPCC will strive to                                                                         reference and adopted by, this notice (‘‘Issues and
                                                  provide members of the Working Group                                                                          Decision Memorandum’’).



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                                                  66926                               Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices

                                                  Electronic Service System (‘‘ACCESS’’).                                     full description of the methodology                                          Changes Since the Preliminary
                                                  ACCESS is available to registered users                                     underlying our conclusions, see the                                          Determination
                                                  at http://access.trade.gov, and is                                          Issues and Decision Memorandum.5
                                                                                                                                                                                                              Based on our review and analysis of
                                                  available to all parties in the Central
                                                                                                                              Analysis of Subsidy Programs and                                             the comments received from parties, we
                                                  Records Unit, Room B8024 of the main
                                                                                                                              Comments Received                                                            made certain changes to the subsidy
                                                  Department of Commerce building. In
                                                  addition, a complete version of the                                                                                                                      program rate calculations since the
                                                                                                                                 The subsidy programs under                                                Preliminary Determination. For a
                                                  Issues and Decision Memorandum can                                          investigation and the issues raised in
                                                  be accessed directly at http://                                                                                                                          discussion of these changes, see the
                                                                                                                              the case and rebuttal briefs by parties in                                   Issues and Decision Memorandum.
                                                  enforcement.trade.gov/frn/. The signed                                      this investigation are discussed in the
                                                  Issues and Decision Memorandum and                                          Issues and Decision Memorandum. A                                            Final Determination
                                                  the electronic versions of the Issues and                                   list of the issues that parties raised, and
                                                  Decision Memorandum are identical in                                                                                                                        In accordance with section
                                                                                                                              to which we responded in the Issues                                          705(c)(1)(B)(i)(I) of the Act, we
                                                  content.                                                                    and Decision Memorandum, is attached                                         calculated an individual rate for each
                                                  Scope of the Investigation                                                  to this notice at Appendix I.                                                producer/exporter of the subject
                                                    The merchandise covered by this                                           Use of Adverse Facts Available                                               merchandise individually investigated.
                                                  investigation is circular welded                                                                                                                         In accordance with section 705(c)(5)(A)
                                                  austenitic stainless pressure pipe not                                         In making this final determination,                                       of the Act, for companies not
                                                  greater than 14 inches in outside                                           the Department relied, in part, on facts                                     individually examined, we apply an
                                                  diameter, from India. For a complete                                        available with regard to specificity and                                     ‘‘all-others’’ rate, which is normally
                                                  description of the scope of this                                            financial contribution of the electricity                                    calculated by weighting the subsidy
                                                  investigation, see Appendix II. The                                         duty rebate provided to Steamline                                            rates of the companies that the
                                                  Department did not receive comments                                         Industries Limited (‘‘Steamline’’), as                                       Department individually investigated by
                                                  regarding the scope of this investigation.                                  well as an adjustment to Steamline’s                                         those companies’ exports of the subject
                                                                                                                              reported total sales value and total                                         merchandise to the United States. Under
                                                  Methodology                                                                 export sales value.6 Because neither                                         section 705(c)(5)(A)(i) of the Act, the all-
                                                     The Department is conducting this                                        Steamline nor the Government of India                                        others rate should exclude zero and de
                                                  countervailing duty (‘‘CVD’’)                                               acted to the best of their ability to                                        minimis rates or any rates based entirely
                                                  investigation in accordance with section                                    respond to the Department’s requests for                                     on facts otherwise available pursuant to
                                                  701 of the Tariff Act of 1930, as                                           information, we drew an adverse                                              section 776 of the Act. Accordingly, in
                                                  amended (‘‘the Act’’). For each of the                                      inference, where appropriate, in                                             these final results, we have calculated
                                                  subsidy programs found                                                      selecting from among the facts                                               the ‘‘all-others’’ rate by weight-averaging
                                                  countervailable, we determine that there                                    otherwise available.7 For further                                            the calculated subsidy rates of the two
                                                  is a subsidy, i.e., a financial                                             information, see the section ‘‘Use of                                        individually investigated respondents,
                                                  contribution by an ‘‘authority’’ that                                       Facts Otherwise Available and Adverse                                        using the respondent’s publicly-ranged
                                                  gives rise to a benefit to the recipient,                                   Inferences’’ in the accompanying Issues                                      sales data for exports of subject
                                                  and that the subsidy is specific.4 For a                                    and Decision Memorandum.                                                     merchandise to the United States.8

                                                                                                                                                                                                                                                       Subsidy rate
                                                                                                                                     Exporter/producer                                                                                                  (percent)

                                                  Steamline Industries Limited .........................................................................................................................................................                         3.13
                                                  Sunrise Stainless Private Limited, Sun Mark Stainless Pvt. Ltd., and Shah Foils Ltd. (collectively, ‘‘Sunrise Group’’) ..............                                                                          6.22
                                                  All-Others .......................................................................................................................................................................................             4.65



                                                  Disclosure                                                                  merchandise under consideration from                                            If the U.S. International Trade
                                                    We intend to disclose to parties in                                       India that were entered or withdrawn                                         Commission (‘‘ITC’’) issues a final
                                                  this proceeding the calculations                                            from warehouse, for consumption, on or                                       affirmative injury determination, we
                                                  performed for this final determination                                      after March 11, 2016, which is the                                           will issue a CVD order and will reinstate
                                                  within five days of the date of public                                      publication date in the Federal Register                                     the suspension of liquidation under
                                                  announcement of our final                                                   of the Preliminary Determination. In                                         section 706(a) of the Act and will
                                                  determination, in accordance with 19                                        accordance with section 703(d) of the                                        require a cash deposit of estimated
                                                  CFR 351.224(b).                                                             Act, we issued instructions to CBP to                                        CVDs for such entries of subject
                                                                                                                              discontinue the suspension of                                                merchandise in the amounts indicated
                                                  Continuation of Suspension of                                               liquidation for CVD purposes for subject                                     above. If the ITC determines that
                                                  Liquidation                                                                 merchandise entered, or withdrawn                                            material injury, or threat of material
                                                    As a result of our Preliminary                                            from warehouse, on or after July 9, 2016                                     injury, does not exist, this proceeding
                                                  Determination, and pursuant to section                                      but to continue the suspension of                                            will be terminated and all estimated
                                                  703(d) of the Act, we instructed U.S.                                       liquidation of all entries of subject                                        duties deposited as a result of the
                                                  Customs and Border Protection (‘‘CBP’’)                                     merchandise from March 11, 2016                                              suspension of liquidation will be
mstockstill on DSK3G9T082PROD with NOTICES




                                                  to suspend liquidation of entries of                                        through July 8, 2016.                                                        refunded or canceled.
                                                    4 See sections 771(5)(B) and (D) of the Act                                 5 See also Preliminary Determination and                                     8 See Memorandum to the File, ‘‘Countervailing

                                                  regarding financial contribution; section 771(5)(E)                         accompanying Preliminary Decision Memorandum;                                Duty Investigation of Welded Stainless Pressure
                                                  of the Act regarding benefit; and section 771(5A) of                        and Post-Preliminary Memorandum.                                             Pipe from India: Final Determination Margin
                                                                                                                                6 See Issues and Decision Memorandum at
                                                  the Act regarding specificity.                                                                                                                           Calculation for All-Others,’’ dated concurrently
                                                                                                                              Comments 5 and 6.                                                            with this memorandum.
                                                                                                                                7 See sections 776(a) and (b) of the Act.




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                                                                           Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices                                          66927

                                                  International Trade Commission                              Marketable Certificates Purchased From            DEPARTMENT OF COMMERCE
                                                  Notification                                                Third Parties
                                                    In accordance with section 705(d) of
                                                                                                            Comment 5: Whether Steamline’s Total                National Oceanic and Atmospheric
                                                                                                              Sales and Total Export Sales Figures Are          Administration
                                                  the Act, we will notify the ITC of our
                                                                                                              Overstated
                                                  determination. In addition, we are                                                                            RIN 0648–XE908
                                                                                                            Comment 6: Whether the Electricity Duty
                                                  making available to the ITC all non-
                                                                                                              Exemption Provided by the Uttar Gujarat           Marine Mammals; File No. 20599
                                                  privileged and non-proprietary                              Vij Company Limited Is a
                                                  information relating to this                                Countervailable Subsidy Program                   AGENCY:  National Marine Fisheries
                                                  investigation. We will allow the ITC                      Comment 7: Whether the Department                   Service (NMFS), National Oceanic and
                                                  access to all privileged and business                       Should Countervail Preferential Water             Atmospheric Administration (NOAA),
                                                  proprietary information in our files,                       Rates Provided by the Gujarat Industrial          Commerce.
                                                  provided the ITC confirms that it will                      Development Corporation (‘‘GIDC’’)                ACTION: Notice; receipt of application.
                                                  not disclose such information, either                       Under the GIDC Water Supply
                                                  publicly or under an administrative                         Regulation of 1991                                SUMMARY:   Notice is hereby given that
                                                  protective order, without the written                     Comment 8: Whether the Provision of Land            the NMFS Southwest Fisheries Science
                                                  consent of the Assistant Secretary for                      for Less Than Adequate Remuneration               Center, Antarctic Ecosystem Research
                                                  Enforcement and Compliance.                                 (‘‘LTAR’’) Provides a Countervailable             Division, La Jolla, California,
                                                                                                              Subsidy Recommendation                            (Responsible Party: George Watters,
                                                  Notification Regarding Administrative
                                                                                                                                                                Ph.D., Director), has applied in due form
                                                  Protective Orders                                       Appendix II                                           for a permit to conduct research on
                                                     In the event the ITC issues a final                  Scope of the Investigation                            marine mammals in the Antarctic.
                                                  negative injury determination, this                                                                           DATES: Written, telefaxed, or email
                                                  notice will serve as the only reminder                    The merchandise covered by this
                                                                                                                                                                comments must be received on or before
                                                  to parties subject to an administrative                 investigation is circular welded austenitic
                                                                                                                                                                October 31, 2016.
                                                  protective order (‘‘APO’’) of their                     stainless pressure pipe not greater than 14
                                                                                                          inches in outside diameter. References to size        ADDRESSES: The application and related
                                                  responsibility concerning the                                                                                 documents are available for review by
                                                  disposition of proprietary information                  are in nominal inches and include all
                                                                                                          products within tolerances allowed by pipe            selecting ‘‘Records Open for Public
                                                  disclosed under APO in accordance                                                                             Comment’’ from the ‘‘Features’’ box on
                                                  with 19 CFR 351.305(a)(3). Timely                       specifications. This merchandise includes,
                                                                                                          but is not limited to, the American Society           the Applications and Permits for
                                                  written notification of the return or                                                                         Protected Species (APPS) home page,
                                                                                                          for Testing and Materials (‘‘ASTM’’) A–312
                                                  destruction of APO materials, or                                                                              https://apps.nmfs.noaa.gov, and then
                                                                                                          or ASTM A–778 specifications, or
                                                  conversion to judicial protective order,                                                                      selecting File No. 20599 from the list of
                                                                                                          comparable domestic or foreign
                                                  is hereby requested. Failure to comply                                                                        available applications.
                                                                                                          specifications. ASTM A–358 products are
                                                  with the regulations and terms of an                                                                            These documents are also available
                                                                                                          only included when they are produced to
                                                  APO is a violation subject to sanction.                                                                       upon written request or by appointment
                                                                                                          meet ASTM A–312 or ASTM A–778
                                                     This determination is issued and                                                                           in the Permits and Conservation
                                                                                                          specifications, or comparable domestic or
                                                  published pursuant to sections 705(d)                                                                         Division, Office of Protected Resources,
                                                                                                          foreign specifications.
                                                  and 777(i) of the Act.                                                                                        NMFS, 1315 East-West Highway, Room
                                                                                                            Excluded from the scope of the
                                                    Dated: September 22, 2016.                            investigation are: (1) Welded stainless               13705, Silver Spring, MD 20910; phone
                                                  Paul Piquado,                                           mechanical tubing, meeting ASTM A–554 or              (301) 427–8401; fax (301) 713–0376.
                                                  Assistant Secretary, for Enforcement and                comparable omestic or foreign specifications;           Written comments on this application
                                                  Compliance.                                             (2) boiler, heat exchanger, superheater,              should be submitted to the Chief,
                                                                                                          refining furnace, feedwater heater, and               Permits and Conservation Division, at
                                                  Appendix I                                              condenser tubing, meeting ASTM A–249,                 the address listed above. Comments may
                                                  List of Topics Discussed in the Issues and              ASTM A–688 or comparable domestic or                  also be submitted by facsimile to (301)
                                                  Decision Memorandum                                     foreign specifications; and (3) specialized           713–0376, or by email to
                                                  I. Summary                                              tubing, meeting ASTM A–269, ASTM A–270                NMFS.Pr1Comments@noaa.gov. Please
                                                  II. Background                                          or comparable domestic or foreign                     include the File No. in the subject line
                                                  III. Scope of the Investigation                         specifications.                                       of the email comment.
                                                  IV. List of Issues                                        The subject imports are normally classified           Those individuals requesting a public
                                                  V. Subsidies Valuation                                  in subheadings 7306.40.5005, 7306.40.5040,            hearing should submit a written request
                                                  VI. Use of Facts Otherwise Available and                7306.40.5062, 7306.40.5064, and                       to the Chief, Permits and Conservation
                                                        Adverse Inferences                                7306.40.5085 of the Harmonized Tariff                 Division at the address listed above. The
                                                  VII. Analysis of Programs                                                                                     request should set forth the specific
                                                                                                          Schedule of the United States (‘‘HTSUS’’).
                                                  VIII. Calculation of the All-Others Rate                                                                      reasons why a hearing on this
                                                  IX. Analysis of Comments                                They may also enter under HTSUS
                                                                                                          subheadings 7306.40.1010, 7306.40.1015,               application would be appropriate.
                                                     Comment 1: Whether the Advance
                                                        Authorization Program (‘‘AAP’’)                   7306.40.5042, 7306.40.5044, 7306.40.5080,             FOR FURTHER INFORMATION CONTACT: Sara
                                                        Provides a Countervailable Subsidy                and 7306.40.5090. The HTSUS subheadings               Young or Amy Sloan, (301) 427–8401.
                                                     Comment 2: Whether the Duty Drawback                 are provided for convenience and customs              SUPPLEMENTARY INFORMATION: The
                                                        (‘‘DDB’’) Program Provides a                      purposes only; the written description of the         subject permit is requested under the
                                                        Countervailable Subsidy                           scope of this investigation is dispositive.           authority of the Marine Mammal
mstockstill on DSK3G9T082PROD with NOTICES




                                                     Comment 3: Whether the Export Promotion              [FR Doc. 2016–23575 Filed 9–28–16; 8:45 am]           Protection Act of 1972, as amended
                                                        of Capital Goods Scheme (‘‘EPCGS’’)
                                                        Provides a Countervailable Subsidy and            BILLING CODE 3510–DS–P                                (MMPA; 16 U.S.C. 1361 et seq.), the
                                                        Whether the Department Should Use a                                                                     regulations governing the taking and
                                                        Different Denominator for the Benefit                                                                   importing of marine mammals (50 CFR
                                                        Calculation                                                                                             part 216).
                                                     Comment 4: Whether the Department                                                                            The applicant requests a five-year
                                                        Should Investigate and Countervail                                                                      permit to take Antarctic fur seals


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Document Created: 2016-09-29 04:14:52
Document Modified: 2016-09-29 04:14:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective September 29, 2016.
ContactAmanda Mallott at 202-482-6430, 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.
FR Citation81 FR 66925 

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