81_FR_81284 81 FR 81062 - Welded Stainless Pressure Pipe From India: Antidumping Duty and Countervailing Duty Orders

81 FR 81062 - Welded Stainless Pressure Pipe From India: Antidumping Duty and Countervailing Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 222 (November 17, 2016)

Page Range81062-81064
FR Document2016-27846

Based on affirmative final determinations by the Department of Commerce (``Department'') and the International Trade Commission (``ITC''), the Department is issuing antidumping duty (``AD'') and countervailing duty (``CVD'') orders on welded stainless pressure pipe (``WSPP'') from India.

Federal Register, Volume 81 Issue 222 (Thursday, November 17, 2016)
[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Pages 81062-81064]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27846]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-867, C-533-868]


Welded Stainless Pressure Pipe From India: Antidumping Duty and 
Countervailing Duty Orders

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (``Department'') and the International Trade Commission 
(``ITC''), the Department is issuing antidumping duty (``AD'') and 
countervailing duty (``CVD'') orders on welded stainless pressure pipe 
(``WSPP'') from India.

DATES: Effective November 17, 2016.

FOR FURTHER INFORMATION CONTACT: Alex Rosen at (202) 482-7814 or Mandy 
Mallot at (202) 482-6430, AD/CVD Operations, Office III, Enforcement 
and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 705(d) and 735(d) of the Tariff Act of 
1930, as amended (``Act''), on September 29, 2016, the Department 
published its affirmative final determination of sales at less than 
fair value (``LTFV'') and its affirmative final determination that 
countervailable subsidies are being provided to producers and exporters 
of WSPP from India.\1\ On November 9, 2016, the ITC notified the 
Department of its final affirmative determination that an industry in 
the United States is materially injured by reason of LTFV imports and 
subsidized imports of WSPP from India, within the meaning of sections 
735(b)(1)(A)(i) and 705(b)(1)(A)(i) of the Act.\2\
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    \1\ See Welded Stainless Pressure Pipe from India: Final 
Determination of Sales at Less Than Fair Value, 81 FR 66921 
(September 29, 2016) (``AD Final Determination''). See also 
Countervailing Duty Investigation of Welded Stainless Pressure Pipe 
from India: Final Affirmative Determination, 81 FR 66925 (September 
29, 2016) (``CVD Final Determination'').
    \2\ See Letter to Christian Marsh, Deputy Assistant Secretary, 
from Irving Williamson, Chairman of the U.S. International Trade 
Commission, regarding antidumping and countervailing duty 
investigations concerning imports of welded stainless pressure pipe 
from India (Investigation Nos 701-TA-548 and 731-TA-1298), dated 
November 9, 2016 (``ITC Letter'').
---------------------------------------------------------------------------

Scope of the Orders

    The merchandise covered by these orders is circular welded 
austenitic stainless pressure pipe not greater than 14 inches in 
outside diameter. For purposes of this scope, references to size are in 
nominal inches and include all products within tolerances allowed by 
pipe specifications. This merchandise includes, but is not limited to, 
the American Society for Testing and Materials (``ASTM'') A-312 or ASTM 
A-778 specifications, or comparable domestic or foreign specifications. 
ASTM A-358 products are only included when they are produced to meet 
ASTM A-312 or ASTM A-778 specifications, or comparable domestic or 
foreign specifications.
    Excluded from the scope are: (1) Welded stainless mechanical 
tubing, meeting ASTM A-554 or comparable domestic or foreign 
specifications; (2) boiler, heat exchanger, superheater, refining 
furnace, feedwater heater, and condenser tubing, meeting ASTM A-249, 
ASTM A-688 or comparable domestic or foreign specifications; and (3) 
specialized tubing, meeting ASTM A-269, ASTM A-270 or comparable 
domestic or foreign specifications.
    The subject imports are normally classified in subheadings 
7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, and 
7306.40.5085 of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). They may also enter under HTSUS subheadings 7306.40.1010, 
7306.40.1015, 7306.40.5042, 7306.40.5044, 7306.40.5080, and 
7306.40.5090. The HTSUS subheadings are provided for convenience and 
customs purposes only; the written description of the scope of these 
orders is dispositive.

Antidumping Duty Order

    In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, 
the ITC has notified the Department of its final determination that an 
industry in the United States is materially injured by reason of 
imports of WSPP that are subsidized by the government of India and sold 
in the United States at LTFV. Therefore, in accordance with section 
735(c)(2) of the Act, we are publishing this antidumping duty order. 
Because the ITC determined that imports of WSPP from India are 
materially injuring a U.S. industry, unliquidated entries of such 
merchandise from India, entered or withdrawn from warehouse for 
consumption, are subject to the assessment of antidumping duties.
    In accordance with section 736(a)(1) of the Act, the Department 
will direct U.S. Customs and Border Protection (``CBP'') to assess, 
upon further instruction by the Department, antidumping duties equal to 
the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of WSPP from India. Antidumping duties will be 
assessed on unliquidated entries of WSPP from India entered, or 
withdrawn from warehouse, for consumption on or after May 10, 2016, the 
date of publication of the AD Preliminary Determination,\3\ but will 
not include entries occurring after the expiration of the provisional 
measures period and before publication of the

[[Page 81063]]

ITC's final injury determination, as further described below.
---------------------------------------------------------------------------

    \3\ See Welded Stainless Pressure Pipe from India: Affirmative 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 81 FR 28824 (May 10, 2016) 
(``AD Preliminary Determination'').
---------------------------------------------------------------------------

Provisional Measures (AD)

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of WSPP from India, the Department extended the four-month 
period to six months.\4\ In the underlying investigation, the 
Department published the AD Preliminary Determination on May 10, 
2016.\5\ Therefore, the extended period, beginning on the date of the 
publication of the AD Preliminary Determination, ended on November 5, 
2016. Furthermore, section 737(b) of the Act states that definitive 
duties are to begin on the date of publication of the ITC's final 
injury determination.
---------------------------------------------------------------------------

    \4\ Id.
    \5\ Id.
---------------------------------------------------------------------------

    Therefore, in accordance with section 733(d) of the Act and our 
practice,\6\ we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of WSPP from India entered, or withdrawn from 
warehouse, for consumption after November 5, 2016, until and through 
the day preceding the date of publication of the ITC's final injury 
determination in the Federal Register. Suspension of liquidation will 
resume on the date of publication of the ITC's final determination in 
the Federal Register.
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    \6\ See, e.g., Certain Corrosion-Resistant Steel Products From 
India, Italy, the People's Republic of China, the Republic of Korea 
and Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 
2016).
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Continuation of Suspension of Liquidation (AD)

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on entries of subject 
merchandise from India. These instructions suspending liquidation will 
remain in effect until further notice.
    We will also instruct CBP to require cash deposits equal to the 
amounts as indicated below, except for Sunrise Stainless Pvt. Ltd. and 
Sun Mark Stainless Pvt. Ltd. (collectively, ``Sunrise Group''), which 
are adjusted for certain countervailable subsidies, where appropriate, 
as described below.\7\ Because Sunrise Group has an estimated weighted-
average final dumping margin of zero, we are directing CBP to terminate 
suspension of liquidation of entries of WSPP produced and exported by 
this entity. In addition, subject merchandise produced and exported by 
Sunrise Group will be excluded from the antidumping duty order. 
Accordingly, effective on the date of publication of the ITC's final 
affirmative injury determination, CBP will require, at the same time as 
importers would normally deposit estimated duties on this subject 
merchandise, a cash deposit equal to the estimated duties on this 
subject merchandise, a cash deposit equal to the estimated weighted-
average dumping margins listed below. The ``All Others'' rate applies 
to all exporters of subject merchandise not specifically listed. For 
the purpose of determining cash deposit rates, the estimated weighted-
average dumping margins for imports of subject merchandise have been 
adjusted, as appropriate, for export subsidies found in the final 
determination of the companion countervailing duty investigation of 
this merchandise.\8\
---------------------------------------------------------------------------

    \7\ See AD Final Determination, 81 FR at 66922 (describing the 
adjustments to the AD margins in more detail); see also sections 
772(c)(1)(C) and 777A(f) of the Act, respectively. Unlike in 
administrative reviews, the Department calculates the adjustment for 
export subsidies in investigations not in the margin calculation 
program, but in the cash deposit instructions issued to CBP. See, 
e.g., Notice of Final Determination of Sales at Less Than Fair 
Value, and Negative Determination of Critical Circumstances: Certain 
Lined Paper Products from India, 71 FR 45012 (August 8, 2006), and 
accompanying Issues and Decision Memorandum at Comment 1.
    \8\ See CVD Final Determination.
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Estimated Weighted-Average Antidumping Duty Margin

    The weighted-average antidumping duty margin percentages are as 
follows:

------------------------------------------------------------------------
                                             Weighted-
            Exporter/producer             average margin   Cash-deposit
                                                (%)          rate (%)
------------------------------------------------------------------------
Steamline Industries Ltd................           12.66           10.17
All Others..............................           12.66            8.35
------------------------------------------------------------------------

Countervailing Duty Order

    In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, 
the ITC notified the Department of its final determination that the 
industry in the United States producing WSPP is materially injured by 
reason of subsidized imports of WSPP from India.\9\ Therefore, in 
accordance with section 705(c)(2) and 706(a) of the Act, we are 
publishing this countervailing duty order.
---------------------------------------------------------------------------

    \9\ See ITC Letter.
---------------------------------------------------------------------------

    Pursuant to section 706(a) of the Act, the Department will direct 
CBP to assess, upon further instruction by the Department, 
countervailing duties on unliquidated entries of WSPP entered, or 
withdrawn from warehouse, for consumption on or after March 11, 2016, 
the date on which the Department published its affirmative preliminary 
countervailing duty determination in the Federal Register,\10\ and 
before July 9, 2016, the effective date on which the Department 
instructed CBP to discontinue the suspension of liquidation in 
accordance with section 703(d) of the Act.\11\ Section 703(d) of the 
Act states that the suspension of liquidation pursuant to a preliminary 
determination may not remain in effect for more than four months. 
Therefore, entries of WSPP made on or after July 9, 2016, and prior to 
the date of publication of the ITC's final determination in the Federal 
Register are not liable for the assessment of countervailing duties, 
due to the Department's discontinuation, effective July 9, 2016, of the 
suspension of liquidation.
---------------------------------------------------------------------------

    \10\ See CVD Preliminary Determination.
    \11\ See CVD Final Determination.
---------------------------------------------------------------------------

Suspension of Liquidation (CVD)

    In accordance with section 706 of the Act, the Department will 
direct CBP to reinstitute suspension of liquidation, effective on the 
date of publication of the ITC's notice of final determination in the 
Federal Register, and to assess, upon further instruction by the 
Department pursuant to section 706(a)(1) of the Act, countervailing

[[Page 81064]]

duties for each entry of the subject merchandise in an amount based on 
the net countervailable subsidy rates for the subject merchandise. The 
Department will also direct CBP to require a cash deposit for each 
entry of subject merchandise in an amount equal to the net 
countervailable subsidy rates listed below. The all-others rate applies 
to all producers and exporters of subject merchandise not specifically 
listed.
---------------------------------------------------------------------------

    \12\ See CVD Preliminary Determination, in which we determined 
that Sunrise Stainless Private Limited, Sun Mark Stainless Pvt. 
Ltd., and Shah Foils Ltd. are entitled to the same subsidy rate.

------------------------------------------------------------------------
                                                                Subsidy
                      Exporter/producer                        rate (%)
------------------------------------------------------------------------
Steamline Industries Limited................................        3.13
Sunrise Stainless Private Limited/Sun Mark Stainless Pvt.           6.22
 Ltd./Shah Foils Ltd.\12\...................................
All-Others..................................................        4.65
------------------------------------------------------------------------

Notification to Interested Parties

    This notice constitutes the AD and CVD orders with respect to WSPP 
from India pursuant to sections 736(a) and 706(a) of the Act. 
Interested parties can find an updated list of orders currently in 
effect by either visiting http://enforcement.trade.gov/stats/iastats1.html or by contacting the Department's Central Records Unit, 
Room B8024 of the main Commerce Building.
    These orders are published in accordance with sections 706(a), 
736(a), and 777(i) of the Act, and 19 CFR 351.211(b).

    Dated: November 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-27846 Filed 11-16-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    81062                     Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices

                                                    included within the scope of an order                   countervailing duty (‘‘CVD’’) orders on               meeting ASTM A–554 or comparable
                                                    cannot be determined based solely upon                  welded stainless pressure pipe                        domestic or foreign specifications; (2)
                                                    the application and the descriptions of                 (‘‘WSPP’’) from India.                                boiler, heat exchanger, superheater,
                                                    the merchandise. Accordingly, the                       DATES: Effective November 17, 2016.                   refining furnace, feedwater heater, and
                                                    Department will notify by mail all                      FOR FURTHER INFORMATION CONTACT: Alex                 condenser tubing, meeting ASTM A–
                                                    parties on the Department’s scope                       Rosen at (202) 482–7814 or Mandy                      249, ASTM A–688 or comparable
                                                    service list of the initiation of these anti-           Mallot at (202) 482–6430, AD/CVD                      domestic or foreign specifications; and
                                                    circumvention inquiries. In addition, in                Operations, Office III, Enforcement and               (3) specialized tubing, meeting ASTM
                                                    accordance with 19 CFR 351.225(f)(1)(i)                 Compliance, U.S. Department of                        A–269, ASTM A–270 or comparable
                                                    and (ii), in this notice of initiation                  Commerce, 1401 Constitution Avenue                    domestic or foreign specifications.
                                                    issued under 19 CFR 351.225(e), we                                                                              The subject imports are normally
                                                                                                            NW., Washington, DC 20230.
                                                    have included a description of the                                                                            classified in subheadings 7306.40.5005,
                                                                                                            SUPPLEMENTARY INFORMATION:                            7306.40.5040, 7306.40.5062,
                                                    product that is the subject of these anti-
                                                    circumvention inquiries (i.e., CRS that                 Background                                            7306.40.5064, and 7306.40.5085 of the
                                                    contains the characteristics as provided                                                                      Harmonized Tariff Schedule of the
                                                                                                               In accordance with sections 705(d)                 United States (‘‘HTSUS’’). They may
                                                    in the scope of the Orders) and an                      and 735(d) of the Tariff Act of 1930, as
                                                    explanation of the reasons for the                                                                            also enter under HTSUS subheadings
                                                                                                            amended (‘‘Act’’), on September 29,                   7306.40.1010, 7306.40.1015,
                                                    Department’s decision to initiate an                    2016, the Department published its
                                                    anti-circumvention inquiry, as provided                                                                       7306.40.5042, 7306.40.5044,
                                                                                                            affirmative final determination of sales              7306.40.5080, and 7306.40.5090. The
                                                    above.                                                  at less than fair value (‘‘LTFV’’) and its
                                                       In accordance with 19 CFR                                                                                  HTSUS subheadings are provided for
                                                                                                            affirmative final determination that                  convenience and customs purposes
                                                    351.225(l)(2), if the Department issues a               countervailable subsidies are being
                                                    preliminary affirmative determination,                                                                        only; the written description of the
                                                                                                            provided to producers and exporters of                scope of these orders is dispositive.
                                                    we will then instruct U.S. Customs and                  WSPP from India.1 On November 9,
                                                    Border Protection to suspend                            2016, the ITC notified the Department of              Antidumping Duty Order
                                                    liquidation and require a cash deposit of               its final affirmative determination that                 In accordance with sections
                                                    estimated antidumping and                               an industry in the United States is                   735(b)(1)(A)(i) and 735(d) of the Act, the
                                                    countervailing duties, at the applicable                materially injured by reason of LTFV                  ITC has notified the Department of its
                                                    rate, for each unliquidated entry of the                imports and subsidized imports of                     final determination that an industry in
                                                    merchandise at issue, entered or                        WSPP from India, within the meaning of                the United States is materially injured
                                                    withdrawn from warehouse for                            sections 735(b)(1)(A)(i) and                          by reason of imports of WSPP that are
                                                    consumption on or after the date of                     705(b)(1)(A)(i) of the Act.2                          subsidized by the government of India
                                                    initiation of the inquiry. The
                                                                                                            Scope of the Orders                                   and sold in the United States at LTFV.
                                                    Department will establish a schedule for                                                                      Therefore, in accordance with section
                                                    questionnaires and comments on the                        The merchandise covered by these                    735(c)(2) of the Act, we are publishing
                                                    issues. In accordance with section 781(f)               orders is circular welded austenitic                  this antidumping duty order. Because
                                                    of the Act and 19 CFR 351.225(f)(5), the                stainless pressure pipe not greater than              the ITC determined that imports of
                                                    Department intends to issue its final                   14 inches in outside diameter. For                    WSPP from India are materially injuring
                                                    determination within 300 days of the                    purposes of this scope, references to size            a U.S. industry, unliquidated entries of
                                                    date of publication of this initiation.                 are in nominal inches and include all                 such merchandise from India, entered or
                                                       This notice is published in                          products within tolerances allowed by                 withdrawn from warehouse for
                                                    accordance with 19 CFR 351.225(f).                      pipe specifications. This merchandise                 consumption, are subject to the
                                                      Dated: November 4, 2016.                              includes, but is not limited to, the                  assessment of antidumping duties.
                                                    Paul Piquado,                                           American Society for Testing and                         In accordance with section 736(a)(1)
                                                    Assistant Secretary for Enforcement and                 Materials (‘‘ASTM’’) A–312 or ASTM                    of the Act, the Department will direct
                                                    Compliance.                                             A–778 specifications, or comparable                   U.S. Customs and Border Protection
                                                    [FR Doc. 2016–27850 Filed 11–16–16; 8:45 am]            domestic or foreign specifications.                   (‘‘CBP’’) to assess, upon further
                                                    BILLING CODE 3510–DS–P
                                                                                                            ASTM A–358 products are only                          instruction by the Department,
                                                                                                            included when they are produced to                    antidumping duties equal to the amount
                                                                                                            meet ASTM A–312 or ASTM A–778                         by which the normal value of the
                                                    DEPARTMENT OF COMMERCE                                  specifications, or comparable domestic                merchandise exceeds the export price
                                                                                                            or foreign specifications.                            (or constructed export price) of the
                                                    International Trade Administration                        Excluded from the scope are: (1)                    merchandise, for all relevant entries of
                                                                                                            Welded stainless mechanical tubing,                   WSPP from India. Antidumping duties
                                                    [A–533–867, C–533–868]
                                                                                                                                                                  will be assessed on unliquidated entries
                                                    Welded Stainless Pressure Pipe From
                                                                                                              1 See Welded Stainless Pressure Pipe from India:    of WSPP from India entered, or
                                                                                                            Final Determination of Sales at Less Than Fair        withdrawn from warehouse, for
                                                    India: Antidumping Duty and                             Value, 81 FR 66921 (September 29, 2016) (‘‘AD
                                                    Countervailing Duty Orders                              Final Determination’’). See also Countervailing
                                                                                                                                                                  consumption on or after May 10, 2016,
                                                                                                            Duty Investigation of Welded Stainless Pressure       the date of publication of the AD
                                                    AGENCY:    Enforcement and Compliance,                  Pipe from India: Final Affirmative Determination,     Preliminary Determination,3 but will
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    International Trade Administration,                     81 FR 66925 (September 29, 2016) (‘‘CVD Final         not include entries occurring after the
                                                    Department of Commerce.                                 Determination’’).
                                                                                                              2 See Letter to Christian Marsh, Deputy Assistant
                                                                                                                                                                  expiration of the provisional measures
                                                    SUMMARY: Based on affirmative final                     Secretary, from Irving Williamson, Chairman of the    period and before publication of the
                                                    determinations by the Department of                     U.S. International Trade Commission, regarding
                                                    Commerce (‘‘Department’’) and the                       antidumping and countervailing duty investigations      3 See Welded Stainless Pressure Pipe from India:

                                                                                                            concerning imports of welded stainless pressure       Affirmative Preliminary Determination of Sales at
                                                    International Trade Commission                          pipe from India (Investigation Nos 701–TA–548 and     Less Than Fair Value and Postponement of Final
                                                    (‘‘ITC’’), the Department is issuing                    731–TA–1298), dated November 9, 2016 (‘‘ITC           Determination, 81 FR 28824 (May 10, 2016) (‘‘AD
                                                    antidumping duty (‘‘AD’’) and                           Letter’’).                                            Preliminary Determination’’).



                                               VerDate Sep<11>2014   21:24 Nov 16, 2016   Jkt 241001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\17NON1.SGM   17NON1


                                                                                        Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices                                                                                    81063

                                                    ITC’s final injury determination, as                                        antidumping duties, unliquidated                                             entries of WSPP produced and exported
                                                    further described below.                                                    entries of WSPP from India entered, or                                       by this entity. In addition, subject
                                                                                                                                withdrawn from warehouse, for                                                merchandise produced and exported by
                                                    Provisional Measures (AD)
                                                                                                                                consumption after November 5, 2016,                                          Sunrise Group will be excluded from
                                                       Section 733(d) of the Act states that                                    until and through the day preceding the                                      the antidumping duty order.
                                                    instructions issued pursuant to an                                          date of publication of the ITC’s final                                       Accordingly, effective on the date of
                                                    affirmative preliminary determination                                       injury determination in the Federal                                          publication of the ITC’s final affirmative
                                                    may not remain in effect for more than                                      Register. Suspension of liquidation will                                     injury determination, CBP will require,
                                                    four months, except where exporters                                         resume on the date of publication of the
                                                    representing a significant proportion of                                                                                                                 at the same time as importers would
                                                                                                                                ITC’s final determination in the Federal
                                                    exports of the subject merchandise                                                                                                                       normally deposit estimated duties on
                                                                                                                                Register.
                                                    request the Department to extend that                                                                                                                    this subject merchandise, a cash deposit
                                                    four-month period to no more than six                                       Continuation of Suspension of                                                equal to the estimated duties on this
                                                    months. At the request of exporters that                                    Liquidation (AD)                                                             subject merchandise, a cash deposit
                                                    account for a significant proportion of                                        In accordance with section                                                equal to the estimated weighted-average
                                                    WSPP from India, the Department                                             735(c)(1)(B) of the Act, we will instruct                                    dumping margins listed below. The ‘‘All
                                                    extended the four-month period to six                                       CBP to continue to suspend liquidation                                       Others’’ rate applies to all exporters of
                                                    months.4 In the underlying                                                  on entries of subject merchandise from                                       subject merchandise not specifically
                                                    investigation, the Department published                                     India. These instructions suspending                                         listed. For the purpose of determining
                                                    the AD Preliminary Determination on                                         liquidation will remain in effect until                                      cash deposit rates, the estimated
                                                    May 10, 2016.5 Therefore, the extended                                      further notice.                                                              weighted-average dumping margins for
                                                    period, beginning on the date of the                                           We will also instruct CBP to require                                      imports of subject merchandise have
                                                    publication of the AD Preliminary                                           cash deposits equal to the amounts as                                        been adjusted, as appropriate, for export
                                                    Determination, ended on November 5,                                         indicated below, except for Sunrise                                          subsidies found in the final
                                                    2016. Furthermore, section 737(b) of the                                    Stainless Pvt. Ltd. and Sun Mark                                             determination of the companion
                                                    Act states that definitive duties are to                                    Stainless Pvt. Ltd. (collectively,
                                                                                                                                                                                                             countervailing duty investigation of this
                                                    begin on the date of publication of the                                     ‘‘Sunrise Group’’), which are adjusted
                                                                                                                                                                                                             merchandise.8
                                                    ITC’s final injury determination.                                           for certain countervailable subsidies,
                                                       Therefore, in accordance with section                                    where appropriate, as described below.7                                      Estimated Weighted-Average
                                                    733(d) of the Act and our practice,6 we                                     Because Sunrise Group has an estimated                                       Antidumping Duty Margin
                                                    will instruct CBP to terminate the                                          weighted-average final dumping margin
                                                    suspension of liquidation and to                                            of zero, we are directing CBP to                                               The weighted-average antidumping
                                                    liquidate, without regard to                                                terminate suspension of liquidation of                                       duty margin percentages are as follows:

                                                                                                                                                                                                                                   Weighted-     Cash-deposit
                                                                                                                                                                                                                                    average
                                                                                                                            Exporter/producer                                                                                                        rate
                                                                                                                                                                                                                                    margin           (%)
                                                                                                                                                                                                                                      (%)

                                                    Steamline Industries Ltd ..........................................................................................................................................                  12.66            10.17
                                                    All Others .................................................................................................................................................................         12.66             8.35



                                                    Countervailing Duty Order                                                   or withdrawn from warehouse, for                                             publication of the ITC’s final
                                                                                                                                consumption on or after March 11,                                            determination in the Federal Register
                                                      In accordance with sections                                                                                                                            are not liable for the assessment of
                                                                                                                                2016, the date on which the Department
                                                    705(b)(1)(A)(i) and 705(d) of the Act, the                                                                                                               countervailing duties, due to the
                                                                                                                                published its affirmative preliminary
                                                    ITC notified the Department of its final                                                                                                                 Department’s discontinuation, effective
                                                    determination that the industry in the                                      countervailing duty determination in
                                                                                                                                the Federal Register,10 and before July                                      July 9, 2016, of the suspension of
                                                    United States producing WSPP is                                                                                                                          liquidation.
                                                    materially injured by reason of                                             9, 2016, the effective date on which the
                                                    subsidized imports of WSPP from                                             Department instructed CBP to                                                 Suspension of Liquidation (CVD)
                                                    India.9 Therefore, in accordance with                                       discontinue the suspension of
                                                                                                                                                                                                                In accordance with section 706 of the
                                                    section 705(c)(2) and 706(a) of the Act,                                    liquidation in accordance with section
                                                                                                                                                                                                             Act, the Department will direct CBP to
                                                    we are publishing this countervailing                                       703(d) of the Act.11 Section 703(d) of the                                   reinstitute suspension of liquidation,
                                                    duty order.                                                                 Act states that the suspension of                                            effective on the date of publication of
                                                      Pursuant to section 706(a) of the Act,                                    liquidation pursuant to a preliminary                                        the ITC’s notice of final determination
                                                    the Department will direct CBP to                                           determination may not remain in effect                                       in the Federal Register, and to assess,
                                                    assess, upon further instruction by the                                     for more than four months. Therefore,                                        upon further instruction by the
                                                    Department, countervailing duties on                                        entries of WSPP made on or after July                                        Department pursuant to section
                                                    unliquidated entries of WSPP entered,                                       9, 2016, and prior to the date of                                            706(a)(1) of the Act, countervailing
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                      4 Id.                                                                       7 See AD Final Determination, 81 FR at 66922                               Sales at Less Than Fair Value, and Negative
                                                      5 Id.                                                                     (describing the adjustments to the AD margins in                             Determination of Critical Circumstances: Certain
                                                      6 See, e.g., Certain Corrosion-Resistant Steel                            more detail); see also sections 772(c)(1)(C) and                             Lined Paper Products from India, 71 FR 45012
                                                    Products From India, Italy, the People’s Republic of                        777A(f) of the Act, respectively. Unlike in                                  (August 8, 2006), and accompanying Issues and
                                                    China, the Republic of Korea and Taiwan:                                    administrative reviews, the Department calculates                            Decision Memorandum at Comment 1.
                                                                                                                                                                                                               8 See CVD Final Determination.
                                                    Amended Final Affirmative Antidumping                                       the adjustment for export subsidies in
                                                                                                                                                                                                               9 See ITC Letter.
                                                    Determination for India and Taiwan, and                                     investigations not in the margin calculation
                                                                                                                                                                                                               10 See CVD Preliminary Determination.
                                                    Antidumping Duty Orders, 81 FR 48390 (July 25,                              program, but in the cash deposit instructions issued
                                                    2016).                                                                      to CBP. See, e.g., Notice of Final Determination of                            11 See CVD Final Determination.




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                                                    81064                     Federal Register / Vol. 81, No. 222 / Thursday, November 17, 2016 / Notices

                                                    duties for each entry of the subject                    DATES:   Effective November 17, 2016.                 India.5 If the Department determined
                                                    merchandise in an amount based on the                   FOR FURTHER INFORMATION CONTACT:                      that Salvi is no longer processing PRC-
                                                    net countervailable subsidy rates for the               Dena Crossland or Brian Davis, AD/CVD                 origin glycine, and instead is producing
                                                    subject merchandise. The Department                     Operations, Office VI, Enforcement and                glycine from raw materials of non-PRC
                                                    will also direct CBP to require a cash                  Compliance, International Trade                       origin, the Department could allow the
                                                    deposit for each entry of subject                       Administration, U.S. Department of                    importers of Salvi’s product to certify
                                                    merchandise in an amount equal to the                   Commerce, 14th Street and Constitution                that the glycine being produced and
                                                    net countervailable subsidy rates listed                Avenue NW., Washington, DC 20230;                     exported is not processed PRC-origin
                                                    below. The all-others rate applies to all               telephone: (202) 482–3362 or (202) 482–               glycine.6
                                                    producers and exporters of subject                      7924, respectively.                                     On July 26, 2016, the Department
                                                    merchandise not specifically listed.                                                                          received comments from domestic
                                                                                                            SUPPLEMENTARY INFORMATION:
                                                                                                                                                                  interested party, GEO Specialty
                                                                                              Subsidy       Background                                            Chemicals, Inc. (GEO), regarding Salvi’s
                                                            Exporter/producer                  rate
                                                                                                (%)         On July 18, 2016, the Department                      request.7 On August 29, 2016, we
                                                                                                         received a request from Salvi to initiate                extended the deadline to initiate until
                                                    Steamline Industries Limited ......             3.13 a changed circumstances review in                        October 17, 2016, in order to collect
                                                    Sunrise Stainless Private Lim-
                                                                                                         order for the Department to determine                    information and legible exhibits from
                                                       ited/Sun Mark Stainless Pvt.                                                                               Salvi, because it did not submit a
                                                                                 12
                                                       Ltd./Shah Foils Ltd. ..............          6.22 that the glycine produced by Salvi is no                 sufficient response, and to consider
                                                    All-Others .................................... 4.65 longer processed from PRC-origin                         interested parties’ comments.8 On
                                                                                                         glycine.1 Additionally, Salvi requests
                                                                                                         that the Department determine that                       September 9, 2016, we issued a
                                                    Notification to Interested Parties                                                                            questionnaire to Salvi, to which it
                                                                                                         importers of glycine from Salvi are
                                                       This notice constitutes the AD and                eligible to participate in a certification               responded on September 26, 2016.9 On
                                                    CVD orders with respect to WSPP from                 process.2 Salvi refers to an anti-                       October 6, 2016, GEO submitted
                                                    India pursuant to sections 736(a) and                circumvention inquiry, where the                         comments on Salvi’s questionnaire
                                                    706(a) of the Act. Interested parties can            Department determined that Salvi was                     response.10 On October 13, 2016, we
                                                    find an updated list of orders currently             processing Chinese glycine, and that                     determined that we had a sufficient
                                                    in effect by either visiting http://                 glycine processed in India of Chinese                    request from Salvi and that the deadline
                                                    enforcement.trade.gov/stats/                                                                                  for initiating a changed circumstances
                                                                                                         origin does not change country of origin,
                                                    iastats1.html or by contacting the                                                                            review should be November 10, 2016.11
                                                                                                         and, therefore, Salvi had circumvented
                                                    Department’s Central Records Unit,                                                                            On October 20, 2016, Salvi placed on
                                                                                                         the Order.3 As part of our
                                                    Room B8024 of the main Commerce                                                                               the record certain information issued by
                                                                                                         determination, we stated that Salvi
                                                    Building.                                                                                                     the Department in the recently
                                                       These orders are published in                     could not take part in a certification
                                                                                                                                                                  completed 2014–2015 administrative
                                                    accordance with sections 706(a), 736(a), process, whereby Salvi’s importers                                   review under this antidumping duty
                                                    and 777(i) of the Act, and 19 CFR                    could certify that they had not imported
                                                                                                         Chinese-origin glycine and would not be                  order.12 On October 27, 2016, GEO
                                                    351.211(b).
                                                                                                         subject to the antidumping duty rate for                   5 See
                                                       Dated: November 14, 2016.                                                                                            Final Scope Ruling.
                                                                                                         Chinese glycine.4 This certification                       6 Id.
                                                    Paul Piquado,                                        process was established to ensure that                      7 See Letter to the Department of Commerce from
                                                    Assistant Secretary for Enforcement and              merchandise entering the United States                   GEO Specialty Chemicals, Inc. regarding ‘‘Glycine
                                                    Compliance.                                          from India was properly identified as                    from the People’s Republic of China: GEO’s
                                                    [FR Doc. 2016–27846 Filed 11–16–16; 8:45 am]         subject or non-subject merchandise.                      Opposition to Salvi’s Request for Changed
                                                                                                                                                                  Circumstances Review,’’ dated July 26, 2016.
                                                    BILLING CODE 3510–DS–P                               However, we also stated that Salvi could                    8 See Letter from the Department of Commerce to
                                                                                                         request an administrative review or a                    Salvi Chemical Industries Limited regarding
                                                                                                         changed circumstances review to show                     ‘‘Request for Changed Circumstances Review—
                                                    DEPARTMENT OF COMMERCE                               that it is no longer processing PRC-                     Glycine from the People’s Republic of China,’’
                                                                                                                                                                  dated August 29, 2016.
                                                                                                         glycine and exporting such glycine from
                                                    International Trade Administration                                                                               9 See Letter from the Department of Commerce to

                                                                                                                                                                  Salvi Chemical Industries Limited, dated September
                                                    [A–570–836]                                                1 See Letter to the Department of Commerce from    9, 2016 and Letter to the Department of Commerce
                                                                                                            Salvi Chemical Industries Limited regarding           from Salvi Chemical Industries Limited regarding
                                                    Glycine From the People’s Republic of                   ‘‘Glycine from the People’s Republic of China:        ‘‘Glycine from the People’s Republic of China:
                                                    China: Initiation of Antidumping Duty                   Request for Changed Circumstances Review,’’ dated     Changed Circumstances Review Response,’’ dated
                                                                                                            July 18, 2016.                                        September 26, 2016.
                                                    Changed Circumstances Review                               2 Id.                                                 10 See Letter to the Department of Commerce from

                                                    AGENCY:  Enforcement and Compliance,                       3 See Glycine From the People’s Republic of        GEO Specialty Chemicals, Inc. regarding ‘‘Glycine
                                                                                                            China: Final Partial Affirmative Determination of     from the People’s Republic of China: GEO’s
                                                    International Trade Administration,                     Circumvention of the Antidumping Duty Order, 77       Comments Regarding Salvi’s September 26, 2016
                                                    Department of Commerce.                                 FR 73426 (December 10, 2012) (Circumvention           Response to the Department September 9, 2016
                                                    SUMMARY: In response to a request from                  Notice) and accompanying Issues and Decision          Questionnaire,’’ dated October 6, 2016.
                                                    Salvi Chemical Industries Ltd. (Salvi),                 Memorandum for the Final Determination of the            11 See Memorandum to The File from Dena

                                                                                                            Anti-Circumvention Inquiry of the Antidumping         Crossland, International Trade Analyst, AD/CVD
                                                    the Department of Commerce (the                         Duty Order on Glycine from the People’s Republic      Operations, Office VI, Enforcement and
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Department) is initiating a changed                     of China. See also Antidumping Duty Order:            Compliance, regarding ‘‘Antidumping Duty
                                                    circumstances review of the                             Glycine From the People’s Republic of China, 60 FR    Administrative Review of Glycine from the People’s
                                                    antidumping duty order on glycine from                  16116 (March 29, 1995) (Order) and Final Scope        Republic of China’’ and on the subject of ‘‘Changed
                                                                                                            Ruling Concerning the Antidumping Duty Order on       Circumstances Review Deadline,’’ dated October 13,
                                                    the People’s Republic of China (PRC).                   Glycine from the People’s Republic of China,          2016.
                                                                                                            Memorandum from Richard Weible to Gary                   12 See Letter to the Department of Commerce from
                                                      12 See CVD Preliminary Determination, in which        Taverman, dated December 3, 2012 (Final Scope         Salvi Chemical Industries Limited regarding
                                                    we determined that Sunrise Stainless Private            Ruling).                                              ‘‘Glycine from the People’s Republic of China:
                                                    Limited, Sun Mark Stainless Pvt. Ltd., and Shah            4 See Circumvention Notice and Final Scope         Changed Circumstances Review; Placing
                                                    Foils Ltd. are entitled to the same subsidy rate.       Ruling.                                               Information from the 2014–2015 Administrative



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Document Created: 2016-11-17 02:59:28
Document Modified: 2016-11-17 02:59:28
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 November 17, 2016.
ContactAlex Rosen at (202) 482-7814 or Mandy Mallot at (202) 482-6430, AD/CVD Operations, Office III, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
FR Citation81 FR 81062 

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