81_FR_746 81 FR 742 - Welded ASTM A-312 Stainless Steel Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014

81 FR 742 - Welded ASTM A-312 Stainless Steel Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 4 (January 7, 2016)

Page Range742-744
FR Document2016-00078

In response to requests from Petitioners and SeAH Steel Corporation (SeAH), the Department of Commerce (Department) is conducting an administrative review of the antidumping duty order on welded ASTM A-312 stainless steel pipe from Republic of Korea (Korea).\1\ The period of review (POR) is December 1, 2013, through November 30, 2014. The review covers two exporters and/or producers of the subject merchandise, SeAH and LS Metal Co., Ltd. (LS Metal). The Department preliminarily finds that SeAH and LS Metal sold subject merchandise at less than normal value during the POR. We invite interested parties to comment on these preliminary results. ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 4 (Thursday, January 7, 2016)
[Federal Register Volume 81, Number 4 (Thursday, January 7, 2016)]
[Notices]
[Pages 742-744]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00078]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-810]


Welded ASTM A-312 Stainless Steel Pipe From the Republic of 
Korea: Preliminary Results of Antidumping Duty Administrative Review; 
2013-2014

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

SUMMARY: In response to requests from Petitioners and SeAH Steel 
Corporation (SeAH), the Department of Commerce (Department) is 
conducting an administrative review of the antidumping duty order on 
welded ASTM A-312 stainless steel pipe from Republic of Korea 
(Korea).\1\ The period of review (POR) is December 1, 2013, through 
November 30, 2014. The review covers two exporters and/or producers of 
the subject merchandise, SeAH and LS Metal Co., Ltd. (LS Metal). The 
Department preliminarily finds that SeAH and LS Metal sold subject 
merchandise at less than normal value during the POR. We invite 
interested parties to comment on these preliminary results.
---------------------------------------------------------------------------

    \1\ Petitioners are Bristol Metals LLC, Felker Brothers 
Corporation, and Outokumpu Stainless Pipe, Inc.

---------------------------------------------------------------------------
DATES: Effective Date: January 7, 2016.

FOR FURTHER INFORMATION CONTACT: Lingjun Wang, 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-
2316.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The merchandise subject to the antidumping duty order is welded 
austenitic stainless steel pipe that meets

[[Page 743]]

the standards and specifications set forth by the American Society for 
Testing and Materials (ASTM) for the welded form of chromium-nickel 
pipe designated ASTM A-312. The merchandise covered by the scope of the 
orders also includes austenitic welded stainless steel pipes made 
according to the standards of other nations which are comparable to 
ASTM A-312.
    Imports of welded ASTM A-312 stainless steel pipe are currently 
classifiable under the following Harmonized Tariff Schedule of the 
United States (HTSUS) subheadings: 7306.40.5005, 7306.40.5015, 
7306.40.5040, 7306.40.5062, 7306.40.5064, and 7306.40.5085. Although 
these subheadings include both pipes and tubes, the scope of the 
antidumping duty order is limited to welded austenitic stainless steel 
pipes. The HTSUS subheadings are provided for convenience and customs 
purposes. However, the written description of the scope of the orders 
is dispositive.\2\
---------------------------------------------------------------------------

    \2\ See Decision Memorandum for the Preliminary Results of the 
Antidumping Duty Administrative Review: Welded ASTM A-312 Stainless 
Steel Pipe from the Republic of Korea; 2013-2014, dated concurrently 
with this notice for a full description of the scope of the order 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    The Department is conducting this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed 
export price is calculated in accordance with section 772 of the Act. 
Normal value is calculated in accordance with section 773 of the Act. 
With respect to LS Metal, we relied on facts available,\3\ and, because 
it did not act to the best of its ability to respond to the 
Department's requests for information, we drew an adverse inference in 
selecting from among the facts otherwise available.\4\
---------------------------------------------------------------------------

    \3\ See section 776(a) of the Act.
    \4\ See section 776(b) of the Act.
---------------------------------------------------------------------------

    For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum, which is 
hereby adopted by this notice. A list of the topics discussed in the 
Preliminary Decision Memorandum is attached as an appendix 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 is available to all parties in the Central Records Unit, Room B8024 
of the Department's main building. In addition, a complete version of 
the Preliminary Decision Memorandum can be accessed directly on the 
internet at http://www.trade.gov/enforcement/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Results of Review

    As a result of our review, we preliminarily determine the following 
weighted-average dumping margins for the period December 1, 2013, 
through November 30, 2014.

------------------------------------------------------------------------
                                                              Margin
                Producer and/or exporter                     (percent)
------------------------------------------------------------------------
SeAH Steel Corporation..................................            2.58
LS Metal Co., Ltd.......................................           31.70
------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose the calculations performed in 
connection with these preliminary results within five days after the 
date of publication of this notice in accordance with 19 CFR 
351.224(b).
    Interested parties are invited to comment on the preliminary 
results of this review and may submit case briefs no later than 30 days 
after the date of publication of this notice. Rebuttal briefs, limited 
to issues raised in the case briefs, may be filed not later than five 
days after the date for filing case briefs.\5\ Parties who submit case 
briefs or rebuttal briefs in this review are encouraged to submit with 
each argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\6\ Executive summaries should 
be limited to five pages total, including footnotes.\7\ Case and 
rebuttal briefs should be filed using ACCESS.\8\ An electronically 
filed document must be received successfully in its entirety by ACCESS, 
by 5:00 p.m. Eastern Time on the on which it is due.\9\
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.309(c) and (d).
    \6\ See 19 CFR 351.309(c)(2) and (d)(2).
    \7\ Id.
    \8\ See 19 CFR 351.303.
    \9\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------

    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 within 30 days of the date of 
publication of this notice, filed electronically via ACCESS. Requests 
should contain: (1) The party's name, address and telephone number; (2) 
the number of participants; and (3) a list of issues parties intend to 
discuss. Issues raised in the hearing will be limited to those raised 
in the respective case and rebuttal briefs. 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 date and time to be determined. See 19 CFR 
351.310(d). Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
    We intend to issue the final results of this administrative review 
within 120 days after the date of publication of this notice, unless 
otherwise extended.\10\
---------------------------------------------------------------------------

    \10\ See section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h)(1).
---------------------------------------------------------------------------

Assessment Rates

    Upon completion of this administrative review, the Department shall 
determine and U.S. Customs and Border Protection (CBP) shall assess 
antidumping duties on all appropriate entries. If a respondent's 
weighted-average dumping margin is not zero or de minimis (i.e., less 
than 0.5 percent) in the final results of this review, we will 
calculate importer-specific ad valorem assessment rates on the basis of 
the ratio of the total amount of dumping calculated for an importer's 
examined sales and the total entered value of such sales in accordance 
with 19 CFR 351.212(b)(1). Where an importer-specific ad valorem 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties 
in accordance with 19 CFR 351.106(c)(2). If a respondent's weighted-
average dumping margin is zero or de minimis in the final results of 
this review, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties in accordance with the Final 
Modification for Reviews.\11\
---------------------------------------------------------------------------

    \11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews) (``Where the weighted-average 
margin of dumping for the exporter is determined to be zero or de 
minimis, no antidumping duties will be assessed.'').
---------------------------------------------------------------------------

    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\12\ This clarification applies to entries of subject 
merchandise during the POR produced by a respondent for which it did 
not know its merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate if there is no rate for the

[[Page 744]]

intermediate company(ies) involved in the transaction.
---------------------------------------------------------------------------

    \12\ For a full discussion of this clarification, see 
Antidumping and Countervailing Duty Proceedings: Assessment of 
Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy 
Notice).
---------------------------------------------------------------------------

    We intend to issue instructions to CBP 15 days after publication of 
the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review for 
all shipments of welded ASTM A-312 stainless steel pipe from Korea 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication as provided for by section 751(a)(2)(C) of the Act: 
(1) The cash deposit rate for the companies under review will be equal 
to the weighted-average dumping margin established in the final results 
of this review except if that rate is de minimis within the meaning of 
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; 
(2) for merchandise exported by manufacturers or exporters not covered 
in this review but covered in a prior segment of the proceeding, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding in 
which the manufacturer or exporter participated; (3) if the exporter is 
not a firm covered in this review, a prior review, or the less-than-
fair-value investigation but the manufacturer is, then the cash deposit 
rate will be the rate established for the most recently completed 
segment of this proceeding for the manufacturer of the merchandise; and 
(4) if neither the exporter nor the manufacturer is a firm covered in 
this or any previously completed segment of this proceeding, then the 
cash deposit rate will be the ``all-others'' rate of 6.83 percent 
established in the less-than-fair-value investigation.\13\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \13\ See Antidumping Duty Order and Clarification of Final 
Determination: Certain Welded Stainless Steel Pipes From Korea, 57 
FR 62301, 62302 (December 30, 1992).
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification to Interested Parties

    These preliminary results of administrative review are issued and 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act and 19 CFR 351.213(h).

    Dated: December 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

Summary
Background
Scope of the Order
Discussion of Methodology
    A. Comparisons to Fair Value
    B. Date of Sale
    C. Product Comparisons
    D. Constructed Export Price
    E. SeAH's Alleged Affiliation With POSCO Based on Close Supplier 
Relationship
    F. Normal Value
    G. Cost of Production Analysis
    H. Calculation of Normal Value Based on Comparison Market Prices
    I. Currency Conversion
    J. Application of Facts Available and Use of Adverse Inferences
Recommendation

[FR Doc. 2016-00078 Filed 1-6-16; 8:45 am]
BILLING CODE 3510-DS-P



                                               742                             Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Notices

                                               (‘‘PRC’’) 1 would be likely to lead to                    Analysis of Comments Received                         APO is a violation which is subject to
                                               continuation or recurrence of dumping                        A complete discussion of all issues                sanction.
                                               at the levels indicated in the ‘‘Final                    raised in this sunset review is available             Notification to Interested Parties
                                               Results of Review’’ section of this                       in the Issues and Decision
                                               notice.                                                                                                           We are issuing and publishing the
                                                                                                         Memorandum for the Expedited Fourth
                                               DATES: Effective Date: January 7, 2016.                                                                         results and notice in accordance with
                                                                                                         Sunset Review of the Antidumping Duty
                                               FOR FURTHER INFORMATION CONTACT: Paul                                                                           sections 751(c), 752(c), and 777(i)(1) of
                                                                                                         Order on Potassium Permanganate from
                                               Walker, AD/CVD Operations,                                                                                      the Act and 19 CFR 351.218.
                                                                                                         the PRC (‘‘Decision Memorandum’’),
                                               Enforcement and Compliance,                               dated concurrently with this notice. The                Dated: December 30, 2015.
                                               International Trade Administration,                       issues discussed in the Decision                      Paul Piquado,
                                               U.S. Department of Commerce, 14th                         Memorandum include the likelihood of                  Assistant Secretary for Enforcement and
                                               Street and Constitution Avenue NW.,                       continuation or recurrence of dumping                 Compliance.
                                               Washington, DC 20230; telephone: (202)                    and the magnitude of the margins of                   [FR Doc. 2016–00079 Filed 1–6–16; 8:45 am]
                                               482–0413.                                                 dumping likely to prevail if the order                BILLING CODE 3510–DS–P
                                               SUPPLEMENTARY INFORMATION:                                were to be revoked. The Decision
                                               Background                                                Memorandum is a public document and
                                                                                                         is on file electronically via the                     DEPARTMENT OF COMMERCE
                                                 The Department published the                            Enforcement and Compliance
                                               antidumping duty order on potassium                       Antidumping and Countervailing Duty                   International Trade Administration
                                               permanganate from the PRC on January                      Centralized Electronic Services System                [A–580–810]
                                               31, 1984.2 On September 1, 2015, the                      (‘‘ACCESS’’). ACCESS is available to
                                               Department published a notice of                          registered users at http://                           Welded ASTM A–312 Stainless Steel
                                               initiation of the fourth sunset review of                 access.trade.gov and to all parties in the            Pipe From the Republic of Korea:
                                               the antidumping duty order on                             Central Records Unit, Room B8024 of                   Preliminary Results of Antidumping
                                               potassium permanganate from the PRC                       the main Department of Commerce                       Duty Administrative Review; 2013–
                                               pursuant to section 751(c) of the Tariff                  building. In addition, a complete                     2014
                                               Act of 1930, as amended (the ‘‘Act’’).3                   version of the Decision Memorandum
                                               On September 9, 2015, Carus                               can be accessed at http://                            AGENCY:   Enforcement and Compliance,
                                               Corporation (‘‘Carus’’), a U.S. producer                                                                        International Trade Administration,
                                                                                                         enforcement.trade.gov/frn/. The signed
                                               of potassium permanganate, claiming                                                                             Department of Commerce.
                                                                                                         Decision Memorandum and the
                                               interested party status under section                                                                           SUMMARY: In response to requests from
                                                                                                         electronic version of the Decision
                                               771(9)(C) of the Act, submitted its notice                                                                      Petitioners and SeAH Steel Corporation
                                                                                                         Memorandum are identical in content.
                                               of intent to participate in this sunset                                                                         (SeAH), the Department of Commerce
                                               review.4 On September 29, 2015, Carus                     Final Results of Review                               (Department) is conducting an
                                               submitted its Substantive Response                           Pursuant to sections 751(c)(1) and                 administrative review of the
                                               within the 30-day deadline specified in                   752(c)(1) and (3) of the Act, the                     antidumping duty order on welded
                                               19 CFR 351.218(d)(3)(i). The                              Department determines that revocation                 ASTM A–312 stainless steel pipe from
                                               Department did not receive a                              of the antidumping duty order on                      Republic of Korea (Korea).1 The period
                                               substantive response from any                                                                                   of review (POR) is December 1, 2013,
                                                                                                         potassium permanganate from the PRC
                                               respondent interested party. As a result,                                                                       through November 30, 2014. The review
                                                                                                         would be likely to lead to continuation
                                               pursuant to section 751(c)(3)(B) of the                                                                         covers two exporters and/or producers
                                                                                                         or recurrence of dumping, and the
                                               Act, and 19 CFR 351.218(e)(1)(ii)(C)(2),                                                                        of the subject merchandise, SeAH and
                                                                                                         magnitude of the margins of dumping
                                               the Department conducted an expedited                                                                           LS Metal Co., Ltd. (LS Metal). The
                                                                                                         likely to prevail is up to 128.94
                                               (120-day) sunset review of the                                                                                  Department preliminarily finds that
                                                                                                         percent.5
                                               antidumping duty order on potassium                                                                             SeAH and LS Metal sold subject
                                               permanganate from the PRC.                                Administrative Protective Order                       merchandise at less than normal value
                                               Scope of the Order                                           This notice also serves as the only                during the POR. We invite interested
                                                  Imports covered by this order are                      reminder to parties subject to                        parties to comment on these preliminary
                                               shipments of potassium permanganate,                      administrative protective order (‘‘APO’’)             results.
                                               an inorganic chemical produced in free-                   of their responsibility concerning the                DATES: Effective Date: January 7, 2016.
                                               flowing, technical, and pharmaceutical                    return or destruction of proprietary                  FOR FURTHER INFORMATION CONTACT:
                                               grades. Potassium permanganate is                         information disclosed under APO in                    Lingjun Wang, AD/CVD Operations,
                                               currently classifiable under item                         accordance with 19 CFR 351.305.                       Office VII, Enforcement and
                                               2841.61.00 of the Harmonized Tariff                       Timely written notification of the return             Compliance, International Trade
                                               Schedule of the United States                             or destruction of APO materials, or                   Administration, U.S. Department of
                                               (‘‘HTSUS’’). Although the HTSUS item                      conversion to judicial protective order,              Commerce, 14th Street and Constitution
                                               number is provided for convenience and                    is hereby requested. Failure to comply                Avenue NW., Washington, DC 20230;
                                               customs purposes, the written                             with the regulations and terms of an                  telephone: (202) 482–2316.
                                               description of the merchandise remains                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                           5 See Final Results of Expedited Sunset Review:
                                               dispositive.
                                                                                                         Potassium Permanganate from the People’s              Scope of the Order
rmajette on DSK2TPTVN1PROD with NOTICES




                                                                                                         Republic of China; 64 FR 16907 (April 7, 1999); see
                                                 1 See Antidumping Duty Order; Potassium                 also Potassium Permanganate from the People’s           The merchandise subject to the
                                               Permanganate from The People’s Republic of                Republic of China; Five-year (‘‘Sunset’’) Review of
                                               China, 49 FR 3897 (January 31, 1984).                                                                           antidumping duty order is welded
                                                                                                         Antidumping Duty Order; Final Results, 70 FR
                                                 2 Id.
                                                                                                         24520 (May 10, 2005); see also Potassium              austenitic stainless steel pipe that meets
                                                 3 See Initiation of Five-Year (‘‘Sunset’’) Review, 80
                                                                                                         Permanganate from the People’s Republic of China:
                                               FR 52743 (September 1, 2015).                             Final Results of Expedited Sunset Review of             1 Petitioners are Bristol Metals LLC, Felker
                                                 4 See Letter from the domestic interested party         Antidumping Duty Order, 75 FR 52509 (August 26,       Brothers Corporation, and Outokumpu Stainless
                                               (September 9, 2015).                                      2010).                                                Pipe, Inc.



                                          VerDate Sep<11>2014    18:22 Jan 06, 2016   Jkt 238001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\07JAN1.SGM   07JAN1


                                                                              Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Notices                                                         743

                                               the standards and specifications set                    building. In addition, a complete                      those raised in the respective case and
                                               forth by the American Society for                       version of the Preliminary Decision                    rebuttal briefs. If a request for a hearing
                                               Testing and Materials (ASTM) for the                    Memorandum can be accessed directly                    is made, the Department intends to hold
                                               welded form of chromium-nickel pipe                     on the internet at http://www.trade.gov/               the hearing at the U.S. Department of
                                               designated ASTM A–312. The                              enforcement/. The signed Preliminary                   Commerce, 14th Street and Constitution
                                               merchandise covered by the scope of the                 Decision Memorandum and the                            Avenue NW., Washington, DC 20230, at
                                               orders also includes austenitic welded                  electronic versions of the Preliminary                 a date and time to be determined. See
                                               stainless steel pipes made according to                 Decision Memorandum are identical in                   19 CFR 351.310(d). Parties should
                                               the standards of other nations which are                content.                                               confirm by telephone the date, time, and
                                               comparable to ASTM A–312.                                                                                      location of the hearing two days before
                                                 Imports of welded ASTM A–312                          Preliminary Results of Review
                                                                                                                                                              the scheduled date.
                                               stainless steel pipe are currently                        As a result of our review, we                           We intend to issue the final results of
                                               classifiable under the following                        preliminarily determine the following                  this administrative review within 120
                                               Harmonized Tariff Schedule of the                       weighted-average dumping margins for                   days after the date of publication of this
                                               United States (HTSUS) subheadings:                      the period December 1, 2013, through                   notice, unless otherwise extended.10
                                               7306.40.5005, 7306.40.5015,                             November 30, 2014.
                                               7306.40.5040, 7306.40.5062,                                                                                    Assessment Rates
                                               7306.40.5064, and 7306.40.5085.                                                                   Margin
                                                                                                         Producer and/or exporter                       Upon completion of this
                                               Although these subheadings include                                                               (percent)
                                                                                                                                                     administrative review, the Department
                                               both pipes and tubes, the scope of the                  SeAH Steel Corporation .......           2.58 shall determine and U.S. Customs and
                                               antidumping duty order is limited to                    LS Metal Co., Ltd .................     31.70 Border Protection (CBP) shall assess
                                               welded austenitic stainless steel pipes.                                                              antidumping duties on all appropriate
                                               The HTSUS subheadings are provided                      Disclosure and Public Comment                 entries. If a respondent’s weighted-
                                               for convenience and customs purposes.                                                                 average dumping margin is not zero or
                                               However, the written description of the                    The Department intends to disclose
                                                                                                       the calculations performed in                 de minimis (i.e., less than 0.5 percent)
                                               scope of the orders is dispositive.2                                                                  in the final results of this review, we
                                                                                                       connection with these preliminary
                                               Methodology                                             results within five days after the date of will calculate importer-specific ad
                                                 The Department is conducting this                     publication of this notice in accordance valorem assessment rates on the basis of
                                               review in accordance with section                       with 19 CFR 351.224(b).                       the ratio of the total amount of dumping
                                               751(a)(2) of the Tariff Act of 1930, as                    Interested parties are invited to          calculated for an importer’s examined
                                               amended (the Act). Constructed export                   comment on the preliminary results of         sales and the total entered value of such
                                               price is calculated in accordance with                  this review and may submit case briefs        sales in accordance with 19 CFR
                                               section 772 of the Act. Normal value is                 no later than 30 days after the date of       351.212(b)(1). Where an importer-
                                               calculated in accordance with section                   publication of this notice. Rebuttal          specific ad valorem assessment rate is
                                               773 of the Act. With respect to LS Metal,               briefs, limited to issues raised in the       zero or de minimis, we will instruct CBP
                                               we relied on facts available,3 and,                     case briefs, may be filed not later than      to liquidate the appropriate entries
                                               because it did not act to the best of its               five days after the date for filing case      without regard to antidumping duties in
                                               ability to respond to the Department’s                  briefs.5 Parties who submit case briefs or accordance with 19 CFR 351.106(c)(2). If
                                               requests for information, we drew an                    rebuttal briefs in this review are            a respondent’s weighted-average
                                               adverse inference in selecting from                     encouraged to submit with each                dumping margin is zero or de minimis
                                               among the facts otherwise available.4                   argument: (1) A statement of the issue;       in the final results of this review, we
                                                 For a full description of the                         (2) a brief summary of the argument;          will instruct CBP to liquidate the
                                               methodology underlying these                            and (3) a table of authorities. Executive appropriate entries without regard to
                                                                                                                                           6

                                               preliminary results, see the Preliminary                summaries should be limited to five           antidumping duties in accordance with
                                               Decision Memorandum, which is hereby                    pages total, including footnotes. Case7       the Final Modification for Reviews.11
                                               adopted by this notice. A list of the                   and rebuttal briefs should be filed using        The Department clarified its
                                               topics discussed in the Preliminary                     ACCESS.8 An electronically filed              ‘‘automatic assessment’’ regulation on
                                               Decision Memorandum is attached as an                   document must be received successfully May 6, 2003.12 This clarification applies
                                               appendix to this notice. The Preliminary                in its entirety by ACCESS, by 5:00 p.m.       to entries of subject merchandise during
                                               Decision Memorandum is a public                         Eastern Time on the on which it is due.9 the POR produced by a respondent for
                                               document and is on file electronically                     Pursuant to 19 CFR 351.310(c),             which it did not know its merchandise
                                               via Enforcement and Compliance’s                        interested parties who wish to request a was destined for the United States. In
                                               Antidumping and Countervailing Duty                     hearing must submit a written request to such instances, we will instruct CBP to
                                               Centralized Electronic Service System                   the Assistant Secretary for Enforcement       liquidate unreviewed entries at the all-
                                               (ACCESS). ACCESS is available to                        and Compliance within 30 days of the          others rate if there is no rate for the
                                               registered users at https://                            date of publication of this notice, filed
                                               access.trade.gov, and is available to all               electronically via ACCESS. Requests             10 See section 751(a)(3)(A) of the Act and 19 CFR

                                               parties in the Central Records Unit,                    should contain: (1) The party’s name,         351.213(h)(1).
                                                                                                                                                       11 See Antidumping Proceedings: Calculation of
                                               Room B8024 of the Department’s main                     address and telephone number; (2) the
                                                                                                                                                     the Weighted-Average Dumping Margin and
                                                                                                       number of participants; and (3) a list of     Assessment Rate in Certain Antidumping
                                                                                                       issues parties intend to discuss. Issues
rmajette on DSK2TPTVN1PROD with NOTICES




                                                  2 See Decision Memorandum for the Preliminary
                                                                                                                                                     Proceedings: Final Modification, 77 FR 8101, 8102
                                               Results of the Antidumping Duty Administrative          raised in the hearing will be limited to      (February 14, 2012) (Final Modification for Reviews)
                                               Review: Welded ASTM A–312 Stainless Steel Pipe                                                                 (‘‘Where the weighted-average margin of dumping
                                               from the Republic of Korea; 2013–2014, dated                                                                   for the exporter is determined to be zero or de
                                                                                                         5 See 19 CFR 351.309(c) and (d).
                                               concurrently with this notice for a full description                                                           minimis, no antidumping duties will be assessed.’’).
                                                                                                         6 See 19 CFR 351.309(c)(2) and (d)(2).
                                               of the scope of the order (Preliminary Decision                                                                   12 For a full discussion of this clarification, see
                                               Memorandum).                                              7 Id.
                                                                                                                                                              Antidumping and Countervailing Duty Proceedings:
                                                  3 See section 776(a) of the Act.                       8 See 19 CFR 351.303.
                                                                                                                                                              Assessment of Antidumping Duties, 68 FR 23954
                                                  4 See section 776(b) of the Act.                       9 See 19 CFR 351.303(b)(1).                          (May 6, 2003) (Assessment Policy Notice).



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                                               744                           Federal Register / Vol. 81, No. 4 / Thursday, January 7, 2016 / Notices

                                               intermediate company(ies) involved in                   Notification to Interested Parties                     SUPPLEMENTARY INFORMATION:
                                               the transaction.                                          These preliminary results of
                                                  We intend to issue instructions to                                                                          Agenda
                                                                                                       administrative review are issued and
                                               CBP 15 days after publication of the                                                                              The Risk Policy Working Group will
                                                                                                       published in accordance with sections
                                               final results of this review.                                                                                  discuss the implementation and
                                                                                                       751(a)(1) and 777(i)(1) of the Act and 19
                                                                                                                                                              application of the Council’s Risk Policy
                                               Cash Deposit Requirements                               CFR 351.213(h).                                        across all Council-managed species;
                                                  The following cash deposit                             Dated: December 21, 2015.                            review updated matrix of ‘‘baseline
                                               requirements will be effective upon                     Paul Piquado,                                          conditions’’ for Council-managed
                                               publication of the notice of final results              Assistant Secretary for Enforcement and                species, i.e., how risk and uncertainty
                                               of administrative review for all                        Compliance.                                            are currently addressed; discuss
                                               shipments of welded ASTM A–312                                                                                 baseline conditions in the Atlantic
                                                                                                       Appendix
                                               stainless steel pipe from Korea entered,                                                                       herring fishery; review available
                                               or withdrawn from warehouse, for                        List of Topics Discussed in the Preliminary            information and begin to develop
                                               consumption on or after the date of                     Decision Memorandum                                    recommendations regarding the
                                               publication as provided for by section                  Summary                                                application of the Risk Policy in the
                                               751(a)(2)(C) of the Act: (1) The cash                   Background                                             Atlantic Herring FMP; discuss baseline
                                               deposit rate for the companies under                    Scope of the Order                                     conditions in the Atlantic sea scallop
                                               review will be equal to the weighted-                   Discussion of Methodology                              fishery; plan future work and address
                                               average dumping margin established in                     A. Comparisons to Fair Value
                                                                                                                                                              other business as necessary.
                                                                                                         B. Date of Sale
                                               the final results of this review except if                C. Product Comparisons
                                                                                                                                                                 Although non-emergency issues not
                                               that rate is de minimis within the                        D. Constructed Export Price                          contained in this agenda may be
                                               meaning of 19 CFR 351.106(c)(1), in                       E. SeAH’s Alleged Affiliation With POSCO             discussed, those issues may not be the
                                               which case the cash deposit rate will be                     Based on Close Supplier Relationship              subject of formal action during this
                                               zero; (2) for merchandise exported by                     F. Normal Value                                      meeting. Action will be restricted to
                                               manufacturers or exporters not covered                    G. Cost of Production Analysis                       those issues specifically identified in
                                               in this review but covered in a prior                     H. Calculation of Normal Value Based on              this notice and any issues arising after
                                               segment of the proceeding, the cash                          Comparison Market Prices                          publication of this notice that require
                                               deposit rate will continue to be the                      I. Currency Conversion                               emergency action under section 305(c)
                                               company-specific rate published for the                   J. Application of Facts Available and Use            of the Magnuson-Stevens Fishery
                                                                                                            of Adverse Inferences
                                               most recently completed segment of this                 Recommendation
                                                                                                                                                              Conservation and Management Act,
                                               proceeding in which the manufacturer                                                                           provided the public has been notified of
                                               or exporter participated; (3) if the                    [FR Doc. 2016–00078 Filed 1–6–16; 8:45 am]             the Council’s intent to take final action
                                               exporter is not a firm covered in this                  BILLING CODE 3510–DS–P                                 to address the emergency.
                                               review, a prior review, or the less-than-
                                                                                                                                                              Special Accommodations
                                               fair-value investigation but the
                                               manufacturer is, then the cash deposit                  DEPARTMENT OF COMMERCE                                   This meeting is physically accessible
                                               rate will be the rate established for the                                                                      to people with disabilities. Requests for
                                                                                                       National Oceanic and Atmospheric                       sign language interpretation or other
                                               most recently completed segment of this
                                                                                                       Administration                                         auxiliary aids should be directed to
                                               proceeding for the manufacturer of the
                                               merchandise; and (4) if neither the                     New England Fishery Management                         Thomas A. Nies (see ADDRESSES) at least
                                               exporter nor the manufacturer is a firm                 Council; Public Meeting                                5 days prior to the meeting date.
                                               covered in this or any previously                                                                                Authority: 16 U.S.C. 1801 et seq.
                                               completed segment of this proceeding,                   AGENCY:  National Marine Fisheries
                                                                                                                                                                Dated: January 4, 2016.
                                               then the cash deposit rate will be the                  Service (NMFS), National Oceanic and
                                                                                                       Atmospheric Administration (NOAA),                     Tracey L. Thompson,
                                               ‘‘all-others’’ rate of 6.83 percent
                                               established in the less-than-fair-value                 Commerce.                                              Acting Director, Office of Sustainable
                                                                                                                                                              Fisheries, National Marine Fisheries Service.
                                               investigation.13 These deposit                          ACTION: Notice; public meeting.
                                                                                                                                                              [FR Doc. 2016–00026 Filed 1–6–16; 8:45 am]
                                               requirements, when imposed, shall
                                               remain in effect until further notice.                  SUMMARY:   The New England Fishery                     BILLING CODE 3510–22–P
                                                                                                       Management Council’s (Council) Risk
                                               Notification to Importers                               Policy Working Group will meet to
                                                 This notice serves as a preliminary                   consider actions affecting New England                 DEPARTMENT OF COMMERCE
                                               reminder to importers of their                          fisheries in the exclusive economic zone
                                                                                                       (EEZ).                                                 National Oceanic and Atmospheric
                                               responsibility under 19 CFR
                                                                                                                                                              Administration
                                               351.402(f)(2) to file a certificate                     DATES: The meeting will be held on
                                               regarding the reimbursement of                          Monday, January 11, 2016 at 9:30 a.m.                  RIN 0648–XE267
                                               antidumping duties prior to liquidation                 ADDRESSES: Meeting address: The
                                               of the relevant entries during this                     meeting will be held at the DoubleTree                 Takes of Marine Mammals Incidental to
                                               review period. Failure to comply with                   by Hilton, 50 Ferncroft Road, Danvers,                 Specified Activities; Taking Marine
                                               this requirement could result in the                    MA 01923; telephone: (978) 777–2500;                   Mammals Incidental to Operation,
                                               Department’s presumption that                           fax: (978) 750–7991.                                   Maintenance, and Repair of the
rmajette on DSK2TPTVN1PROD with NOTICES




                                               reimbursement of antidumping duties                        Council address: New England                        Northeast Gateway Liquefied Natural
                                               occurred and the subsequent assessment                  Fishery Management Council, 50 Water                   Gas Port and the Algonquin Pipeline
                                               of doubled antidumping duties.                          Street, Mill 2, Newburyport, MA 01950.                 Lateral Facilities in Massachusetts Bay
                                                                                                       FOR FURTHER INFORMATION CONTACT:                       AGENCY:  National Marine Fisheries
                                                 13 See Antidumping Duty Order and Clarification

                                               of Final Determination: Certain Welded Stainless
                                                                                                       Thomas A. Nies, Executive Director,                    Service (NMFS), National Oceanic and
                                               Steel Pipes From Korea, 57 FR 62301, 62302              New England Fishery Management                         Atmospheric Administration (NOAA),
                                               (December 30, 1992).                                    Council; telephone: (978) 465–0492.                    Commerce.


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Document Created: 2016-01-07 00:13:25
Document Modified: 2016-01-07 00:13:25
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
ContactLingjun Wang, 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- 2316.
FR Citation81 FR 742 

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