81_FR_75254 81 FR 75045 - Circular Welded Carbon-Quality Steel Pipe From Pakistan: Final Affirmative Countervailing Duty Determination

81 FR 75045 - Circular Welded Carbon-Quality Steel Pipe From Pakistan: Final Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 209 (October 28, 2016)

Page Range75045-75047
FR Document2016-26114

The U.S. Department of Commerce (the Department) determines that countervailable subsidies are being provided to exporters and producers of circular welded carbon-quality steel pipe (circular welded pipe) from Pakistan. For information on the estimated subsidy rates, see the ``Suspension of Liquidation'' section of this notice.

Federal Register, Volume 81 Issue 209 (Friday, October 28, 2016)
[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Notices]
[Pages 75045-75047]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26114]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-535-904]


Circular Welded Carbon-Quality Steel Pipe From Pakistan: Final 
Affirmative Countervailing Duty Determination

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

SUMMARY: The U.S. Department of Commerce (the Department) determines 
that countervailable subsidies are being provided to exporters and 
producers of circular welded carbon-quality steel pipe (circular welded 
pipe) from Pakistan. For information on the estimated subsidy rates, 
see the ``Suspension of Liquidation'' section of this notice.

DATES: Effective October 28, 2016.

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

SUPPLEMENTARY INFORMATION:

Background

    The petitioners in this investigation are Bull Moose Tube Company, 
EXLTUBE, Wheatland Tube Company, and Western Tube and Conduit 
(collectively, Petitioners). In addition to the Government of Pakistan 
(GOP), the mandatory respondent in this investigation is International 
Industries Limited (IIL). The period of investigation (POI) is July 1, 
2014, through June 30, 2015.
    The Department published its Preliminary Determination on April 8, 
2016.\1\ A complete summary of the events that occurred since the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
``Issues and Decision Memorandum for the Final Affirmative 
Determination in the Countervailing Duty Investigation of Circular 
Welded Carbon-Quality Steel Pipe from Pakistan,'' which is dated 
concurrently with and hereby adopted by this notice.\2\ The Issues and 
Decision Memorandum is a public document and is available 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
Access to ACCESS is available to registered users at https://access.trade.gov and to all parties in the Central Records Unit, room 
B8024 of the Department's main building. In addition, a complete 
version of the Issues and Decision Memorandum can be viewed at http://enforcement.trade.gov/frn. The signed Issues and Decision Memorandum 
and the electronic version are identical in content.
---------------------------------------------------------------------------

    \1\ See Circular Welded Carbon-Quality Steel Pipe from Pakistan: 
Preliminary Affirmative Countervailing Duty Determination and 
Alignment of Final Countervailing Duty Determination with Final 
Antidumping Duty Determination, 81 FR 20619 (April 8, 2016) 
(Preliminary Determination).
    \2\ See Department Memorandum, ``Issues and Decision Memorandum 
for the Final Affirmative Determination in the Countervailing Duty 
Investigation of Circular Welded Carbon-Quality Steel Pipe from 
Pakistan,'' October 21, 2016 (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    The Department conducted 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.\3\ For a full 
description of the methodology underlying our conclusions, see the 
Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \3\ See section 771(5)(B) and (D) of the Act regarding financial 
contribution, section 771(5)(E) of the Act regarding benefit, and 
the section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is circular welded pipe 
from Pakistan. For a complete

[[Page 75046]]

description of the scope, see Appendix I to this notice.

Analysis of Subsidy Programs and Comments Received

    All issues raised in the comments filed by interested parties to 
this proceeding are discussed in the Issues and Decision Memorandum. A 
list of the issues raised by IIL and responded to by the Department in 
the Issues and Decision Memorandum is attached at Appendix II to this 
notice.

Use of Adverse Facts Available

    For purposes of this final determination, we have continued to rely 
on facts available with adverse inferences, in accordance with section 
776(a)-(d) of the Act, to calculate the subsidy rate for the mandatory 
respondent. For this final determination, we continue to find all 
programs in this proceeding countervailable. A full discussion of our 
decision to rely on adverse facts available is presented in the ``Use 
of Facts Otherwise Available and Adverse Inferences'' section of the 
Issues and Decision Memorandum.

Final Determination

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we have 
calculated a subsidy rate for IIL, the only individually investigated 
exporter/producer of the subject merchandise. Section 705(c)(5)(A)(ii) 
of the Act provides that, if the countervailable subsidy rates for all 
individually investigated exporters and producers are determined 
entirely in accordance with section 776 of the Act, the Department may 
use any reasonable method to establish an ``all-others'' rate for 
exporters and producers that were not individually investigated. As 
described above, IIL's subsidy rate was calculated entirely under 
section 776 of the Act. Therefore, consistent with section 
705(c)(5)(A)(ii) of the Act, we have resorted to ``any reasonable 
method'' to derive the all-others rate and are basing the all-others 
rate on the rate calculated for IIL. This method is consistent with the 
Department's past practice.\4\
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    \4\ See Preliminary Determination, 81 FR at 20620; see also 
Grain-Oriented Electrical Steel from the People's Republic of China: 
Final Affirmative Countervailing Duty Determination, 79 FR 59221, 
59222 (October 1, 2014) (assigning the sole mandatory respondent's 
rate, which was based on AFA, as the all-others rate); Circular 
Welded Carbon-Quality Steel Pipe from India: Final Affirmative 
Countervailing Duty Determination, 77 FR 64468, 64470 (October 22, 
2012) (averaging two total AFA respondents' rates to determine the 
all-others rate).
---------------------------------------------------------------------------

    We determine the total estimated countervailable subsidy rates to 
be as follows:

------------------------------------------------------------------------
             Exporter/producer                    Net subsidy rate
------------------------------------------------------------------------
International Industries Limited..........  64.81 percent.
All-Others................................  64.81 percent.
------------------------------------------------------------------------

Suspension of Liquidation

    Pursuant to section 703(d) of the Act, we instructed U.S. Customs 
and Border Protection (CBP) to suspend liquidation of all entries of 
circular welded pipe from Pakistan, as described in the ``Scope of the 
Investigation,'' that were entered or withdrawn from warehouse for 
consumption on or after April 8, 2016, the date of publication of the 
Preliminary Determination in the Federal Register, and to require a 
cash deposit for such entries of merchandise.\5\ In accordance with 
section 703(d) of the Act, we issued instructions to CBP to discontinue 
the suspension of liquidation for CVD purposes in regard to subject 
merchandise entered or withdrawn from warehouse on or after August 6, 
2016, but to continue the suspension of liquidation of all entries from 
April 8, 2016, through August 5, 2016.
---------------------------------------------------------------------------

    \5\ See Preliminary Determination, 81 FR at 20621.
---------------------------------------------------------------------------

    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will reinstate the suspension of 
liquidation under section 706(a) of the Act, require a cash deposit of 
the estimated CVD duties for such entries in the amounts indicated 
above and issue a CVD order. 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 or securities posted as a 
result of the suspension of liquidation will be refunded or canceled.

ITC Notification

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

Return or Destruction of Proprietary Information

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
such to an APO of their responsibility concerning the destruction 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, alternatively, conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation that is subject to sanction.
    This determination is published pursuant to section 705(d) and 
777(i) of the Act.

    Dated: October 21, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    This investigation covers welded carbon-quality steel pipes and 
tube, of circular cross-section, with an outside diameter (O.D.) not 
more than nominal 16 inches (406.4 mm), regardless of wall 
thickness, surface finish (e.g., black, galvanized, or painted), end 
finish (plain end, beveled end, grooved, threaded, or threaded and 
coupled), or industry specification (e.g., American Society for 
Testing and Materials International (ASTM), proprietary, or other), 
generally known as standard pipe, fence pipe and tube, sprinkler 
pipe, and structural pipe (although subject product may also be 
referred to as mechanical tubing). Specifically, the term ``carbon 
quality'' includes products in which:
    (a) Iron predominates, by weight, over each of the other 
contained elements;
    (b) the carbon content is 2 percent or less, by weight; and
    (c) none of the elements listed below exceeds the quantity, by 
weight, as indicated:
    (i) 1.80 percent of manganese;
    (ii) 2.25 percent of silicon;
    (iii) 1.00 percent of copper;
    (iv) 0.50 percent of aluminum;
    (v) 1.25 percent of chromium;
    (vi) 0.30 percent of cobalt;
    (vii) 0.40 percent of lead;
    (viii) 1.25 percent of nickel;
    (ix) 0.30 percent of tungsten;
    (x) 0.15 percent of molybdenum;
    (xi) 0.10 percent of niobium;
    (xii) 0.41 percent of titanium;
    (xiii) 0.15 percent of vanadium; or
    (xiv) 0.15 percent of zirconium.
    Covered products are generally made to standard O.D. and wall 
thickness combinations. Pipe multi-stenciled to a standard and/or 
structural specification and to other specifications, such as 
American Petroleum Institute (API) API-5L specification, may also be 
covered by the scope of this investigation. In particular, such 
multi-stenciled merchandise is covered when

[[Page 75047]]

it meets the physical description set forth above, and also has one 
or more of the following characteristics: Is 32 feet in length or 
less; is less than 2.0 inches (50 mm) in outside diameter; has a 
galvanized and/or painted (e.g., polyester coated) surface finish; 
or has a threaded and/or coupled end finish.
    Standard pipe is ordinarily made to ASTM specifications A53, 
A135, and A795, but can also be made to other specifications. 
Structural pipe is made primarily to ASTM specifications A252 and 
A500. Standard and structural pipe may also be produced to 
proprietary specifications rather than to industry specifications.
    Sprinkler pipe is designed for sprinkler fire suppression 
systems and may be made to industry specifications such as ASTM A53 
or to proprietary specifications.
    Fence tubing is included in the scope regardless of 
certification to a specification listed in the exclusions below, and 
can also be made to the ASTM A513 specification. Products that meet 
the physical description set forth above but are made to the 
following nominal outside diameter and wall thickness combinations, 
which are recognized by the industry as typical for fence tubing, 
are included despite being certified to ASTM mechanical tubing 
specifications:

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

    The scope of this investigation does not include:
    (a) Pipe suitable for use in boilers, superheaters, heat 
exchangers, refining furnaces and feedwater heaters, whether or not 
cold drawn, which are defined by standards such as ASTM A178 or ASTM 
A192;
    (b) finished electrical conduit, i.e., Electrical Rigid Steel 
Conduit (also known as Electrical Rigid Metal Conduit and Electrical 
Rigid Metal Steel Conduit), Finished Electrical Metallic Tubing, and 
Electrical Intermediate Metal Conduit, which are defined by 
specifications such as American National Standard (ANSI) C80.1-2005, 
ANSI C80.3-2005, or ANSI C80.6-2005, and Underwriters Laboratories 
Inc. (UL) UL-6, UL-797, or UL-1242;
    (c) finished scaffolding, i.e., component parts of final, 
finished scaffolding that enter the United States unassembled as a 
``kit.'' A kit is understood to mean a packaged combination of 
component parts that contains, at the time of importation, all of 
the necessary component parts to fully assemble final, finished 
scaffolding;
    (d) tube and pipe hollows for redrawing;
    (e) oil country tubular goods produced to API specifications;
    (f) line pipe produced to only API specifications, such as API 
5L, and not multi-stenciled; and
    (g) mechanical tubing, whether or not cold-drawn, other than 
what is included in the above paragraphs.
    The products subject to this investigation are currently 
classifiable in Harmonized Tariff Schedule of the United States 
(HTSUS) statistical reporting numbers 7306.19.1010, 7306.19.1050, 
7306.19.5110, 7306.19.5150, 7306.30.1000, 7306.30.5015, 
7306.30.5020, 7306.30.5025, 7306.30.5032, 7306.30.5040, 
7306.30.5055, 7306.30.5085, 7306.30.5090, 7306.50.1000, 
7306.50.5030, 7306.50.5050, and 7306.50.5070. The HTSUS subheadings 
above are provided for convenience and U.S. Customs purposes only. 
The written description of the scope of the investigation is 
dispositive.

Appendix II

Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Use of Facts Otherwise Available and Adverse Inferences
VI. Discussion of the Issues
    Issue 1: Non-Cooperation of IIL
    Issue 2: Corroboration of Secondary Information
VII. Conclusion

[FR Doc. 2016-26114 Filed 10-27-16; 8:45 am]
BILLING CODE 3510-DS-P



                                                                                   Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices                                                   75045

                                                                               Wall                            Comment 4: Misreported U.S. Sales                   Limited (IIL). The period of
                                                    O.D. in inches          thickness                             Destinations                                     investigation (POI) is July 1, 2014,
                                                                                                Gage           Comment 5: SeAH’s Sodium Hydroxide
                                                      (nominal)             in inches                                                                              through June 30, 2015.
                                                                            (nominal)                             and UniCoat Surrogate Values                        The Department published its
                                                                                                               Comment 6: Brokerage and Handling                   Preliminary Determination on April 8,
                                                  4.000 .................         0.165                  8        Related to Hot-Rolled Coil Surrogate
                                                  4.500 .................         0.203                  7        Values
                                                                                                                                                                   2016.1 A complete summary of the
                                                                                                               Comment 7: Cap on Freight Revenue                   events that occurred since the
                                                     The scope of this investigation does not                  Comment 8: Surrogate Value for SeAH’s               Preliminary Determination, as well as a
                                                  include:                                                        Hot-Rolled Coils                                 full discussion of the issues raised by
                                                     (a) Pipe suitable for use in boilers,                     Comment 9: Conversion of Surrogate Value            parties for this final determination, may
                                                  superheaters, heat exchangers, refining                         for Vietnamese Inland Freight                    be found in the ‘‘Issues and Decision
                                                  furnaces and feedwater heaters, whether or                   Comment 10: U.S. Credit Expenses                    Memorandum for the Final Affirmative
                                                  not cold drawn, which are defined by                         Comment 11: Differential Pricing Analysis           Determination in the Countervailing
                                                  standards such as ASTM A178 or ASTM                          Hongyuan Issues                                     Duty Investigation of Circular Welded
                                                  A192;                                                        Comment 12: Hongyuan’s Hot-Rolled Strip             Carbon-Quality Steel Pipe from
                                                     (b) finished electrical conduit, i.e.,                       Value
                                                                                                               Comment 13: U.S. Indirect Selling
                                                                                                                                                                   Pakistan,’’ which is dated concurrently
                                                  Electrical Rigid Steel Conduit (also known as
                                                  Electrical Rigid Metal Conduit and Electrical                   Expenses                                         with and hereby adopted by this
                                                  Rigid Metal Steel Conduit), Finished                         Comment 14: Treatment of Strengthening              notice.2 The Issues and Decision
                                                  Electrical Metallic Tubing, and Electrical                      Tubes Used For Packing                           Memorandum is a public document and
                                                  Intermediate Metal Conduit, which are                        Comment 15: Record-keeping of                       is available electronically via
                                                  defined by specifications such as American                      Hongyuan’s U.S. Affiliate                        Enforcement and Compliance’s
                                                  National Standard (ANSI) C80.1–2005, ANSI                  VI. Recommendation                                    Antidumping and Countervailing Duty
                                                  C80.3–2005, or ANSI C80.6–2005, and                        [FR Doc. 2016–26112 Filed 10–27–16; 8:45 am]          Centralized Electronic Service System
                                                  Underwriters Laboratories Inc. (UL) UL–6,                  BILLING CODE 3510–DS–P                                (ACCESS). Access to ACCESS is
                                                  UL–797, or UL–1242;                                                                                              available to registered users at https://
                                                     (c) finished scaffolding, i.e., component                                                                     access.trade.gov and to all parties in the
                                                  parts of final, finished scaffolding that enter
                                                                                                             DEPARTMENT OF COMMERCE                                Central Records Unit, room B8024 of the
                                                  the United States unassembled as a ‘‘kit.’’ A
                                                  kit is understood to mean a packaged                                                                             Department’s main building. In
                                                  combination of component parts that
                                                                                                             International Trade Administration                    addition, a complete version of the
                                                  contains, at the time of importation, all of the                                                                 Issues and Decision Memorandum can
                                                                                                             [C–535–904]
                                                  necessary component parts to fully assemble                                                                      be viewed at http://
                                                  final, finished scaffolding;                               Circular Welded Carbon-Quality Steel                  enforcement.trade.gov/frn. The signed
                                                     (d) tube and pipe hollows for redrawing;                Pipe From Pakistan: Final Affirmative                 Issues and Decision Memorandum and
                                                     (e) oil country tubular goods produced to                                                                     the electronic version are identical in
                                                                                                             Countervailing Duty Determination
                                                  API specifications;                                                                                              content.
                                                     (f) line pipe produced to only API                      AGENCY:  Enforcement and Compliance,
                                                  specifications, such as API 5L, and not multi-             International Trade Administration,                   Methodology
                                                  stenciled; and                                                                                                      The Department conducted this
                                                                                                             U.S. Department of Commerce.
                                                     (g) mechanical tubing, whether or not cold-
                                                                                                             SUMMARY: The U.S. Department of                       countervailing duty (CVD) investigation
                                                  drawn, other than what is included in the
                                                  above paragraphs.                                          Commerce (the Department) determines                  in accordance with section 701 of the
                                                     The products subject to this investigation              that countervailable subsidies are being              Tariff Act of 1930, as amended (the Act).
                                                  are currently classifiable in Harmonized                   provided to exporters and producers of                For each of the subsidy programs found
                                                  Tariff Schedule of the United States (HTSUS)               circular welded carbon-quality steel                  countervailable, we determine that there
                                                  statistical reporting numbers 7306.19.1010,                pipe (circular welded pipe) from                      is a subsidy (i.e., a financial
                                                  7306.19.1050, 7306.19.5110, 7306.19.5150,
                                                                                                             Pakistan. For information on the                      contribution by an ‘‘authority’’ that
                                                  7306.30.1000, 7306.30.5015, 7306.30.5020,                                                                        gives rise to a benefit to the recipient)
                                                  7306.30.5025, 7306.30.5032, 7306.30.5040,                  estimated subsidy rates, see the
                                                                                                             ‘‘Suspension of Liquidation’’ section of              and that the subsidy is specific.3 For a
                                                  7306.30.5055, 7306.30.5085, 7306.30.5090,                                                                        full description of the methodology
                                                  7306.50.1000, 7306.50.5030, 7306.50.5050,                  this notice.
                                                                                                                                                                   underlying our conclusions, see the
                                                  and 7306.50.5070. The HTSUS subheadings                    DATES: Effective October 28, 2016.
                                                  above are provided for convenience and U.S.                                                                      Issues and Decision Memorandum.
                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                                  Customs purposes only. The written                                                                               Scope of the Investigation
                                                  description of the scope of the investigation              Kaitlin Wojnar, AD/CVD Operations,
                                                  is dispositive.                                            Office VII, Enforcement and                              The product covered by this
                                                                                                             Compliance, International Trade                       investigation is circular welded pipe
                                                  Appendix II                                                Administration, U.S. Department of                    from Pakistan. For a complete
                                                  List of Topics Discussed in the Final Issues               Commerce, 14th Street and Constitution
                                                  and Decision Memorandum                                    Avenue NW., Washington, DC 20230;                       1 See Circular Welded Carbon-Quality Steel Pipe

                                                                                                             telephone: (202) 482–3857.                            from Pakistan: Preliminary Affirmative
                                                  I. Summary                                                                                                       Countervailing Duty Determination and Alignment
                                                  II. Background                                             SUPPLEMENTARY INFORMATION:                            of Final Countervailing Duty Determination with
                                                  III. Changes Since the Preliminary                                                                               Final Antidumping Duty Determination, 81 FR
                                                        Determination                                        Background                                            20619 (April 8, 2016) (Preliminary Determination).
                                                  IV. Use of Adverse Facts Available                           The petitioners in this investigation
                                                                                                                                                                     2 See Department Memorandum, ‘‘Issues and
mstockstill on DSK3G9T082PROD with NOTICES




                                                  V. Discussion of the Issues                                                                                      Decision Memorandum for the Final Affirmative
                                                                                                             are Bull Moose Tube Company,                          Determination in the Countervailing Duty
                                                     General Issues
                                                                                                             EXLTUBE, Wheatland Tube Company,                      Investigation of Circular Welded Carbon-Quality
                                                     Comment 1: Financial Statements to Use
                                                        for Financial Ratios                                 and Western Tube and Conduit                          Steel Pipe from Pakistan,’’ October 21, 2016 (Issues
                                                                                                             (collectively, Petitioners). In addition to           and Decision Memorandum).
                                                     Comment 2: Water Surrogate Value                                                                                3 See section 771(5)(B) and (D) of the Act
                                                     Comment 3: Verification Findings                        the Government of Pakistan (GOP), the                 regarding financial contribution, section 771(5)(E)
                                                     Company-Specific Issues                                 mandatory respondent in this                          of the Act regarding benefit, and the section
                                                     SeAH Issues                                             investigation is International Industries             771(5A) of the Act regarding specificity.



                                             VerDate Sep<11>2014      18:12 Oct 27, 2016   Jkt 241001   PO 00000   Frm 00020   Fmt 4703   Sfmt 4703   E:\FR\FM\28OCN1.SGM   28OCN1


                                                  75046                         Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices

                                                  description of the scope, see Appendix                    We determine the total estimated                       Return or Destruction of Proprietary
                                                  I to this notice.                                       countervailable subsidy rates to be as                   Information
                                                                                                          follows:                                                    In the event that the ITC issues a final
                                                  Analysis of Subsidy Programs and
                                                  Comments Received                                                                                                negative injury determination, this
                                                                                                            Exporter/producer                Net subsidy rate      notice will serve as the only reminder
                                                     All issues raised in the comments                    International Indus-            64.81 percent.
                                                                                                                                                                   to parties such to an APO of their
                                                  filed by interested parties to this                        tries Limited.                                        responsibility concerning the
                                                  proceeding are discussed in the Issues                  All-Others ..................   64.81 percent.           destruction of proprietary information
                                                  and Decision Memorandum. A list of                                                                               disclosed under APO in accordance
                                                  the issues raised by IIL and responded                  Suspension of Liquidation                                with 19 CFR 351.305(a)(3). Timely
                                                  to by the Department in the Issues and                                                                           written notification of the return or
                                                  Decision Memorandum is attached at                         Pursuant to section 703(d) of the Act,                destruction of APO materials or,
                                                  Appendix II to this notice.                             we instructed U.S. Customs and Border                    alternatively, conversion to judicial
                                                                                                          Protection (CBP) to suspend liquidation                  protective order, is hereby requested.
                                                  Use of Adverse Facts Available                                                                                   Failure to comply with the regulations
                                                                                                          of all entries of circular welded pipe
                                                    For purposes of this final                            from Pakistan, as described in the                       and terms of an APO is a violation that
                                                  determination, we have continued to                     ‘‘Scope of the Investigation,’’ that were                is subject to sanction.
                                                                                                          entered or withdrawn from warehouse                         This determination is published
                                                  rely on facts available with adverse
                                                                                                          for consumption on or after April 8,                     pursuant to section 705(d) and 777(i) of
                                                  inferences, in accordance with section
                                                                                                          2016, the date of publication of the                     the Act.
                                                  776(a)–(d) of the Act, to calculate the
                                                  subsidy rate for the mandatory                          Preliminary Determination in the                           Dated: October 21, 2016.
                                                  respondent. For this final                              Federal Register, and to require a cash                  Ronald K. Lorentzen,
                                                  determination, we continue to find all                  deposit for such entries of                              Acting Assistant Secretary for Enforcement
                                                  programs in this proceeding                             merchandise.5 In accordance with                         and Compliance.
                                                  countervailable. A full discussion of our               section 703(d) of the Act, we issued
                                                                                                          instructions to CBP to discontinue the                   Appendix I
                                                  decision to rely on adverse facts
                                                  available is presented in the ‘‘Use of                  suspension of liquidation for CVD                        Scope of the Investigation
                                                  Facts Otherwise Available and Adverse                   purposes in regard to subject                               This investigation covers welded carbon-
                                                  Inferences’’ section of the Issues and                  merchandise entered or withdrawn from                    quality steel pipes and tube, of circular cross-
                                                  Decision Memorandum.                                    warehouse on or after August 6, 2016,                    section, with an outside diameter (O.D.) not
                                                                                                          but to continue the suspension of                        more than nominal 16 inches (406.4 mm),
                                                  Final Determination                                     liquidation of all entries from April 8,                 regardless of wall thickness, surface finish
                                                                                                          2016, through August 5, 2016.                            (e.g., black, galvanized, or painted), end
                                                    In accordance with section                                                                                     finish (plain end, beveled end, grooved,
                                                  705(c)(1)(B)(i)(I) of the Act, we have                     If the U.S. International Trade                       threaded, or threaded and coupled), or
                                                  calculated a subsidy rate for IIL, the                  Commission (ITC) issues a final                          industry specification (e.g., American Society
                                                                                                          affirmative injury determination, we                     for Testing and Materials International
                                                  only individually investigated exporter/                                                                         (ASTM), proprietary, or other), generally
                                                  producer of the subject merchandise.                    will reinstate the suspension of
                                                                                                          liquidation under section 706(a) of the                  known as standard pipe, fence pipe and tube,
                                                  Section 705(c)(5)(A)(ii) of the Act                                                                              sprinkler pipe, and structural pipe (although
                                                  provides that, if the countervailable                   Act, require a cash deposit of the
                                                                                                                                                                   subject product may also be referred to as
                                                  subsidy rates for all individually                      estimated CVD duties for such entries in                 mechanical tubing). Specifically, the term
                                                  investigated exporters and producers are                the amounts indicated above and issue                    ‘‘carbon quality’’ includes products in which:
                                                  determined entirely in accordance with                  a CVD order. If the ITC determines that                     (a) Iron predominates, by weight, over each
                                                  section 776 of the Act, the Department                  material injury or threat of material                    of the other contained elements;
                                                                                                          injury does not exist, this proceeding                      (b) the carbon content is 2 percent or less,
                                                  may use any reasonable method to
                                                                                                          will be terminated and all estimated                     by weight; and
                                                  establish an ‘‘all-others’’ rate for                                                                                (c) none of the elements listed below
                                                                                                          duties deposited or securities posted as
                                                  exporters and producers that were not                                                                            exceeds the quantity, by weight, as indicated:
                                                                                                          a result of the suspension of liquidation
                                                  individually investigated. As described                                                                             (i) 1.80 percent of manganese;
                                                                                                          will be refunded or canceled.
                                                  above, IIL’s subsidy rate was calculated                                                                            (ii) 2.25 percent of silicon;
                                                  entirely under section 776 of the Act.                  ITC Notification                                            (iii) 1.00 percent of copper;
                                                  Therefore, consistent with section                                                                                  (iv) 0.50 percent of aluminum;
                                                  705(c)(5)(A)(ii) of the Act, we have                      In accordance with section 705(d) of                      (v) 1.25 percent of chromium;
                                                  resorted to ‘‘any reasonable method’’ to                the Act, we will notify the ITC of our                      (vi) 0.30 percent of cobalt;
                                                                                                          determination. In addition, we are                          (vii) 0.40 percent of lead;
                                                  derive the all-others rate and are basing                                                                           (viii) 1.25 percent of nickel;
                                                  the all-others rate on the rate calculated              making all non-privileged and non-
                                                                                                                                                                      (ix) 0.30 percent of tungsten;
                                                  for IIL. This method is consistent with                 proprietary information related to this                     (x) 0.15 percent of molybdenum;
                                                  the Department’s past practice.4                        investigation available to the ITC. We                      (xi) 0.10 percent of niobium;
                                                                                                          will also allow the ITC to access all                       (xii) 0.41 percent of titanium;
                                                    4 See Preliminary Determination, 81 FR at 20620;      privileged and business proprietary                         (xiii) 0.15 percent of vanadium; or
                                                  see also Grain-Oriented Electrical Steel from the       information in our files, provided that                     (xiv) 0.15 percent of zirconium.
                                                  People’s Republic of China: Final Affirmative           the ITC confirms that it will not disclose                  Covered products are generally made to
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                                                  Countervailing Duty Determination, 79 FR 59221,         such information, either publicly or                     standard O.D. and wall thickness
                                                  59222 (October 1, 2014) (assigning the sole                                                                      combinations. Pipe multi-stenciled to a
                                                  mandatory respondent’s rate, which was based on         under an administrative protective order
                                                                                                          (APO), without the written consent of                    standard and/or structural specification and
                                                  AFA, as the all-others rate); Circular Welded
                                                                                                                                                                   to other specifications, such as American
                                                  Carbon-Quality Steel Pipe from India: Final             the Assistant Secretary for Enforcement                  Petroleum Institute (API) API–5L
                                                  Affirmative Countervailing Duty Determination, 77       and Compliance.
                                                  FR 64468, 64470 (October 22, 2012) (averaging two                                                                specification, may also be covered by the
                                                  total AFA respondents’ rates to determine the all-                                                               scope of this investigation. In particular, such
                                                  others rate).                                             5 See   Preliminary Determination, 81 FR at 20621.     multi-stenciled merchandise is covered when



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                                                                                     Federal Register / Vol. 81, No. 209 / Friday, October 28, 2016 / Notices                                            75047

                                                  it meets the physical description set forth                     (b) finished electrical conduit, i.e.,             SUMMARY:   The Board of Overseers of the
                                                  above, and also has one or more of the                       Electrical Rigid Steel Conduit (also known as         Malcolm Baldrige National Quality
                                                  following characteristics: Is 32 feet in length              Electrical Rigid Metal Conduit and Electrical         Award (Board) will meet in open
                                                  or less; is less than 2.0 inches (50 mm) in                  Rigid Metal Steel Conduit), Finished
                                                  outside diameter; has a galvanized and/or
                                                                                                                                                                     session on Tuesday, December 6, 2016.
                                                                                                               Electrical Metallic Tubing, and Electrical
                                                  painted (e.g., polyester coated) surface finish;             Intermediate Metal Conduit, which are                 The purpose of this meeting is to review
                                                  or has a threaded and/or coupled end finish.                 defined by specifications such as American            and discuss the work of the private
                                                     Standard pipe is ordinarily made to ASTM                  National Standard (ANSI) C80.1–2005, ANSI             sector contractor, which assists the
                                                  specifications A53, A135, and A795, but can                  C80.3–2005, or ANSI C80.6–2005, and                   Director of the National Institute of
                                                  also be made to other specifications.                        Underwriters Laboratories Inc. (UL) UL–6,             Standards and Technology (NIST) in
                                                  Structural pipe is made primarily to ASTM                    UL–797, or UL–1242;                                   administering the Malcolm Baldrige
                                                  specifications A252 and A500. Standard and                      (c) finished scaffolding, i.e., component          National Quality Award (Award), and
                                                  structural pipe may also be produced to                      parts of final, finished scaffolding that enter
                                                  proprietary specifications rather than to                                                                          information received from NIST and
                                                                                                               the United States unassembled as a ‘‘kit.’’ A
                                                  industry specifications.                                                                                           from the Chair of the Judges’ Panel of
                                                                                                               kit is understood to mean a packaged
                                                     Sprinkler pipe is designed for sprinkler fire             combination of component parts that                   the Malcolm Baldrige National Quality
                                                  suppression systems and may be made to                       contains, at the time of importation, all of the      Award in order to make such
                                                  industry specifications such as ASTM A53 or                  necessary component parts to fully assemble           suggestions for the improvement of the
                                                  to proprietary specifications.                               final, finished scaffolding;                          Award process as the Board deems
                                                     Fence tubing is included in the scope                        (d) tube and pipe hollows for redrawing;           necessary. Details on the agenda are
                                                  regardless of certification to a specification                  (e) oil country tubular goods produced to
                                                  listed in the exclusions below, and can also                                                                       noted in the SUPPLEMENTARY
                                                                                                               API specifications;                                   INFORMATION section of this notice.
                                                  be made to the ASTM A513 specification.
                                                                                                                  (f) line pipe produced to only API
                                                  Products that meet the physical description                                                                        DATES: The meeting will be held on
                                                                                                               specifications, such as API 5L, and not multi-
                                                  set forth above but are made to the following                                                                      Tuesday, December 6, 2016, from 8:30
                                                                                                               stenciled; and
                                                  nominal outside diameter and wall thickness                                                                        a.m. Eastern time until 3:00 p.m. Eastern
                                                                                                                  (g) mechanical tubing, whether or not cold-
                                                  combinations, which are recognized by the                                                                          time. The meeting will be open to the
                                                                                                               drawn, other than what is included in the
                                                  industry as typical for fence tubing, are
                                                  included despite being certified to ASTM
                                                                                                               above paragraphs.                                     public.
                                                  mechanical tubing specifications:                               The products subject to this investigation         ADDRESSES: The meeting will be held at
                                                                                                               are currently classifiable in Harmonized              the National Institute of Standards and
                                                                                                               Tariff Schedule of the United States (HTSUS)
                                                                                 Wall
                                                                                                               statistical reporting numbers 7306.19.1010,
                                                                                                                                                                     Technology, 100 Bureau Drive, Building
                                                    O.D. in inches            thickness                                                                              101, Lecture Room A, Gaithersburg,
                                                                                                  Gage         7306.19.1050, 7306.19.5110, 7306.19.5150,
                                                      (nominal)               in inches
                                                                              (nominal)                        7306.30.1000, 7306.30.5015, 7306.30.5020,             Maryland 20899. Please note admittance
                                                                                                               7306.30.5025, 7306.30.5032, 7306.30.5040,             instructions under the SUPPLEMENTARY
                                                  1.315   .................         0.035                 20   7306.30.5055, 7306.30.5085, 7306.30.5090,             INFORMATION section of this notice.
                                                  1.315   .................         0.047                 18   7306.50.1000, 7306.50.5030, 7306.50.5050,             FOR FURTHER INFORMATION CONTACT:
                                                  1.315   .................         0.055                 17   and 7306.50.5070. The HTSUS subheadings               Robert Fangmeyer, Director, Baldrige
                                                  1.315   .................         0.065                 16   above are provided for convenience and U.S.
                                                                                                                                                                     Performance Excellence Program,
                                                  1.315   .................         0.072                 15   Customs purposes only. The written
                                                  1.315   .................         0.083                 14   description of the scope of the investigation         National Institute of Standards and
                                                  1.315   .................         0.095                 13   is dispositive.                                       Technology, 100 Bureau Drive, Mail
                                                  1.660   .................         0.055                 17                                                         Stop 1020, Gaithersburg, Maryland
                                                  1.660   .................         0.065                 16   Appendix II                                           20899–1020, telephone number (301)
                                                  1.660   .................         0.083                 14   Topics Discussed in the Issues and Decision           975–2360, or by email at
                                                  1.660   .................         0.095                 13   Memorandum                                            robert.fangmeyer@nist.gov.
                                                  1.660   .................         0.109                 12
                                                                                                               I. Summary                                            SUPPLEMENTARY INFORMATION:
                                                  1.900   .................         0.047                 18
                                                  1.900   .................         0.055                 17   II. Background                                          Authority: 15 U.S.C. 3711a(d)(2)(B) and
                                                  1.900   .................         0.065                 16   III. Scope Comments                                   the Federal Advisory Committee Act, as
                                                  1.900   .................         0.072                 15   IV. Scope of the Investigation                        amended, 5 U.S.C. App.
                                                  1.900   .................         0.095                 13   V. Use of Facts Otherwise Available and
                                                  1.900   .................         0.109                 12         Adverse Inferences                                Pursuant to the Federal Advisory
                                                  2.375   .................         0.047                 18   VI. Discussion of the Issues                          Committee Act, as amended, 5 U.S.C.
                                                  2.375   .................         0.055                 17      Issue 1: Non-Cooperation of IIL                    App., notice is hereby given that the
                                                  2.375   .................         0.065                 16      Issue 2: Corroboration of Secondary                Board will meet in open session on
                                                  2.375   .................         0.072                 15         Information                                     Tuesday, December 6, 2016, from 8:30
                                                  2.375   .................         0.095                 13   VII. Conclusion                                       a.m. Eastern time until 3:00 p.m. Eastern
                                                  2.375   .................         0.109                 12   [FR Doc. 2016–26114 Filed 10–27–16; 8:45 am]          time. The Board is composed of eleven
                                                  2.375   .................         0.120                 11   BILLING CODE 3510–DS–P                                members selected for their preeminence
                                                  2.875   .................         0.109                 12
                                                  2.875   .................         0.165                  8
                                                                                                                                                                     in the field of organizational
                                                  3.500   .................         0.109                 12                                                         performance excellence and appointed
                                                                                                               DEPARTMENT OF COMMERCE                                by the Secretary of Commerce. The
                                                  3.500   .................         0.165                  8
                                                  4.000   .................         0.148                  9                                                         Board consists of a balanced
                                                                                                               National Institute of Standards and
                                                  4.000   .................         0.165                  8                                                         representation from U.S. service,
                                                  4.500   .................         0.203                  7   Technology
                                                                                                                                                                     manufacturing, nonprofit, education,
                                                                                                                                                                     and health care industries. The Board
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                                                    The scope of this investigation does not
                                                                                                               Board of Overseers of the Malcolm
                                                                                                               Baldrige National Quality Award                       includes members familiar with the
                                                  include:                                                                                                           quality improvement operations and
                                                    (a) Pipe suitable for use in boilers,
                                                  superheaters, heat exchangers, refining                      AGENCY: National Institute of Standards               competitiveness issues of manufacturing
                                                  furnaces and feedwater heaters, whether or                   and Technology, Department of                         companies, service companies, small
                                                  not cold drawn, which are defined by                         Commerce.                                             businesses, health care providers, and
                                                  standards such as ASTM A178 or ASTM                                                                                educational institutions. Members are
                                                                                                               ACTION:   Notice of open meeting.
                                                  A192;                                                                                                              also chosen who have broad experience


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Document Created: 2018-02-13 16:39:42
Document Modified: 2018-02-13 16:39:42
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 October 28, 2016.
ContactKaitlin Wojnar, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 3857.
FR Citation81 FR 75045 

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