81_FR_96686 81 FR 96435 - Welded ASTM A-312 Stainless Steel Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015

81 FR 96435 - Welded ASTM A-312 Stainless Steel Pipe From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 251 (December 30, 2016)

Page Range96435-96437
FR Document2016-31728

The Department of Commerce (Department) is conducting an administrative review of the antidumping duty order on welded ASTM A- 312 stainless steel pipe from Republic of Korea (Korea). The period of review (POR) is December 1, 2014, through November 30, 2015. The review covers two exporters and/or producers of the subject merchandise: SeAH Steel Corporation (SeAH) and LS Metal Co., Ltd. (LS Metal). The Department preliminarily determines that during the POR SeAH made sales of subject merchandise at less than normal value and LS Metal had no shipments. We invite interested parties to comment on these preliminary results.

Federal Register, Volume 81 Issue 251 (Friday, December 30, 2016)
[Federal Register Volume 81, Number 251 (Friday, December 30, 2016)]
[Notices]
[Pages 96435-96437]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31728]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-810]


Welded ASTM A-312 Stainless Steel Pipe From the Republic of 
Korea: Preliminary Results of Antidumping Duty Administrative Review; 
2014-2015

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

SUMMARY: The Department of Commerce (Department) is conducting an 
administrative review of the antidumping duty order on welded ASTM A-
312 stainless steel pipe from Republic of Korea (Korea). The period of 
review (POR) is December 1, 2014, through November 30, 2015. The review 
covers two exporters and/or producers of the subject merchandise: SeAH 
Steel Corporation (SeAH) and LS Metal Co., Ltd. (LS Metal). The 
Department preliminarily determines that during the POR SeAH made sales 
of subject merchandise at less than normal value and LS Metal had no 
shipments. We invite interested parties to comment on these preliminary 
results.

DATES: Effective December 30, 2016.

FOR FURTHER INFORMATION CONTACT: Lingjun Wang, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-2316.

SUPPLEMENTARY INFORMATION:

Background

    On February 9, 2016, the Department published a notice of 
initiation of this review.\1\ On January 27, 2016, the Department 
exercised its discretion to toll all administrative deadlines by four

[[Page 96436]]

business days.\2\ On May 3, 2016 and December 13, 2016, the Department 
extended the deadline for the preliminary results to December 20, 
2016.\3\ For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\ 
A list of topics included in the Preliminary Decision Memorandum is 
included as Appendix I.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 6832 (February 9, 2016).
    \2\ See the Department's January 27, 2016 memorandum, ``Tolling 
of Administrative Deadlines as a Result of the Government Closure 
during Snowstorm `Jonas.' ''
    \3\ See the Department's August 15, 2016 memorandum, ``Certain 
Welded ASTM A-312 Stainless Steel Pipe from the Republic of Korea: 
Extension of Deadline for Preliminary Results of Antidumping Duty 
Administrative Review;'' see also, the Department's December 13, 
2016 memorandum, ``Certain Welded ASTM A-312 Stainless Steel Pipe 
from the Republic of Korea: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review.''
    \4\ See ``Decision Memorandum for the Preliminary Results of the 
Antidumping Duty Administrative Review: Welded ASTM A-312 Stainless 
Steel Pipe from the Republic of Korea; 2014-2015,'' dated 
concurrently with this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by this order are shipments of welded 
austenitic stainless steel pipe (WSSP) from Korea that meets the 
standards and specifications set forth by the American Society for 
Testing and Materials (ASTM) for the welded form of chromium-nickel 
pipe designated ASTM A-312. Imports of these products are currently 
classifiable under the following United States Harmonized Tariff 
Schedule (HTSUS) subheadings: 7306.40.5005, 7306.40.5015, 7306.40.5040, 
7306.40.5065, and 7306.40.5085.\5\
---------------------------------------------------------------------------

    \5\ For a full description of the scope of the Order, see 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    LS Metal, in its questionnaire response, claimed that it made no 
sales or shipments of subject merchandise during the POR. We issued a 
no shipments inquiry to, and received no contradictory information 
from, U.S. Customs and Border Protection (CBP). As there is no record 
information contrary to LS Metal's claim, we preliminarily determine 
that LS Metal had no shipments of the subject merchandise and, 
therefore, no reviewable transactions during the POR. The Department 
intends to complete the review with respect to LS Metal and will issue 
appropriate instructions to CBP based on the final results of this 
review. See the Preliminary Decision Memorandum for further discussion 
of this issue.

Methodology

    The Department is conducting this review in accordance with section 
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed 
export prices or export prices are calculated in accordance with 
section 772 of the Act. Normal value is calculated in accordance with 
section 773 of the Act.
    For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum. A list of 
the topics discussed in the Preliminary Decision Memorandum is attached 
as an appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov, and is available to all parties in the 
Central Records Unit, room B8024 of the Department's main building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the internet at http://www.trade.gov/enforcement/. The signed Preliminary Decision Memorandum and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of Review

    As a result of this review, we preliminarily determine that the 
weighted-average dumping margin for the POR is as follows:

------------------------------------------------------------------------
                                                                Margin
                  Producer and/or exporter                    (percent)
------------------------------------------------------------------------
SeAH Steel Corporation.....................................         1.91
------------------------------------------------------------------------

Assessment Rate

    Upon issuance of the final results, the Department shall determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review. For any individually examined respondents whose 
weighted-average dumping margin is above de minimis, we will calculate 
importer-specific ad valorem duty assessment rates based on the ratio 
of the total amount of dumping calculated for the importer's examined 
sales to the total entered value of those same sales in accordance with 
19 CFR 351.212(b)(1).\6\ We will instruct CBP to assess antidumping 
duties on all appropriate entries covered by this review when the 
importer-specific assessment rate calculated in the final results is 
above de minimis (i.e., 0.50 percent). Where either the respondent's 
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties. 
The final results of this review shall be the basis for the assessment 
of antidumping duties on entries of merchandise covered by the final 
results of this review where applicable.
---------------------------------------------------------------------------

    \6\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 
2012).
---------------------------------------------------------------------------

    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\7\ This clarification applies to entries of subject 
merchandise during the POR produced by a respondent for which it did 
not know its merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
all-others rate if there is no rate for the intermediate company or 
companies involved in the transaction.
---------------------------------------------------------------------------

    \7\ For a full discussion of this clarification, see Antidumping 
and Countervailing Duty Proceedings: Assessment of Antidumping 
Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice).
---------------------------------------------------------------------------

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

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of this review for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the 
companies under review will be equal to the weighted-average dumping 
margin established in the final results of this review except if that 
rate is de minimis within the meaning of 19 CFR 351.106(c)(1), in which 
case the cash deposit rate will be zero; (2) for merchandise exported 
by manufacturers or exporters not covered in this review but covered in 
a prior completed segment of the proceeding, the cash deposit rate will 
continue to be the company-specific rate published for the most 
recently completed segment of this proceeding in which the manufacturer 
or exporter participated; (3) if the exporter is not a firm covered in 
this review, a prior review, or the original investigation, but the 
manufacturer is, then the cash deposit rate will be the

[[Page 96437]]

rate established for the most recently completed segment of this 
proceeding for the manufacturer of the merchandise; and (4) if neither 
the exporter nor the manufacturer is a firm covered in this or any 
previously completed segment of this proceeding, then the cash deposit 
rate will be the ``all-others'' rate of 7.00 percent established in the 
Amended Final Determination and Order.\8\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \8\ See Notice of Amended Final Determination and Antidumping 
Duty Order: Certain Welded Stainless Steel Pipe from the Republic of 
Korea, 60 FR 10064 (February 23, 1995) (Amended Final Determination 
and Order).
---------------------------------------------------------------------------

Disclosure and Public Comment

    The Department intends to disclose the calculations performed in 
connection with these preliminary results within five days after the 
date of publication of this notice in accordance with 19 CFR 
351.224(b).
    Interested parties may submit case briefs no later than 30 days 
after the publication date of this notice.\9\ Rebuttal briefs, limited 
to issues raised in the case briefs, may be filed not later than five 
days after the date for filing case briefs.\10\ Parties who submit case 
briefs or rebuttal briefs are requested to submit with each argument: 
(1) A statement of the issue; (2) a brief summary of the argument; and 
(3) a table of authorities.\11\ Executive summaries should be limited 
to five pages total, including footnotes.\12\ All briefs must be filed 
electronically via ACCESS.\13\ An electronically filed document must be 
received successfully in its entirety by ACCESS, by 5:00 p.m. Eastern 
Time on the on which it is due.\14\
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.303 (for general filing requirements).
    \10\ See 19 CFR 351.309(c) and (d).
    \11\ See 19 CFR 351.309(c)(2) and (d)(2).
    \12\ Id.
    \13\ See 19 CFR 351.303.
    \14\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days of the 
publication date of this notice, filed electronically via ACCESS. 
Requests should contain: (1) The party's name, address and telephone 
number; (2) the number of participants; and (3) a list of issues 
parties intend to discuss. Issues raised in the hearing will be limited 
to those raised in the respective case and rebuttal briefs. If a 
request for a hearing is made, the Department intends to hold the 
hearing at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, at a date and time to be 
determined.\15\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    We intend to issue the final results of this review within 120 days 
after the date of publication of this notice, unless otherwise 
extended.\16\
---------------------------------------------------------------------------

    \16\ See section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h)(1).
---------------------------------------------------------------------------

Notification to Importers

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

Notification to Interested Parties

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

     Dated: December 20, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum:

I. Summary
II. Background
III. Scope of the Order
IV. No Shipments
V. Discussion of Methodology
    A. Comparisons to Normal Value
    B. Date of Sale
    C. Product Comparisons
    D. Constructed Export Price
    E. Normal Value
    F. Cost of Production Analysis
    G. Calculation of Normal Value Based on Comparison Market Prices
    H. Currency Conversion
VI. Recommendation

[FR Doc. 2016-31728 Filed 12-29-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                             Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices                                                96435

                                                   On March 1, 1999, the Department                      received a submission from the Ministry              response to appropriately filed requests
                                                initiated sunset reviews on these orders                 of Economic Development and Trade of                 for review.
                                                and later published its notice of                        Ukraine regarding its position on this                  We are issuing and publishing the
                                                continuation of the antidumping duty                     matter.10                                            final determination in these five-year
                                                orders for certain countries.3 On                                                                             (sunset) reviews and notice in
                                                                                                         Scope of the Orders
                                                October 1, 2004, the Department                                                                               accordance with sections 751(c) and
                                                initiated the second sunset reviews of                      The merchandise subject to the orders             777(i)(1) of the Act.
                                                these orders and later published its                     is solid urea, a high-nitrogen content
                                                                                                                                                                Dated: December 23, 2016.
                                                notice of continuation of the                            fertilizer which is produced by reacting
                                                                                                         ammonia with carbon dioxide. The                     Paul Piquado,
                                                antidumping duty orders on solid urea
                                                                                                         product is currently classified under the            Assistant Secretary for Enforcement and
                                                from the Russian Federation and
                                                                                                         Harmonized Tariff Schedule of the                    Compliance.
                                                Ukraine.4 On December 1, 2010, the
                                                                                                         United States (HTSUS) item number                    [FR Doc. 2016–31719 Filed 12–29–16; 8:45 am]
                                                Department initiated the third sunset
                                                reviews of these orders and later                        3102.10.00.00. Previously such                       BILLING CODE 3510–DS–P

                                                published its notice of continuation of                  merchandise was classified under item
                                                the antidumping duty orders.5 On                         number 480.3000 of the Tariff
                                                November 1, 2016, the Department                         Schedules of the United States.                      DEPARTMENT OF COMMERCE
                                                initiated the fourth sunset reviews of                   Although the HTSUS subheading is
                                                                                                         provided for convenience and customs                 International Trade Administration
                                                these orders.6
                                                   We did not receive a notice of intent                 purposes, the written description of the             [A–580–810]
                                                to participate from domestic interested                  merchandise subject to the orders is
                                                parties in these fourth sunset reviews by                dispositive.                                         Welded ASTM A–312 Stainless Steel
                                                the deadline date.7 As a result, the                                                                          Pipe From the Republic of Korea:
                                                                                                         Determination To Revoke                              Preliminary Results of Antidumping
                                                Department determined that no
                                                domestic interested party intends to                        Pursuant to section 751(c)(3)(A) of the           Duty Administrative Review; 2014–
                                                participate in the sunset reviews,8 and                  Tariff Act of 1930, as amended (the Act),            2015
                                                on November 21, 2016, we notified the                    and 19 CFR 351.218(d)(1)(iii)(B)(3), if no
                                                                                                         domestic interested party files a notice             AGENCY:  Enforcement and Compliance,
                                                International Trade Commission, in                                                                            International Trade Administration,
                                                writing, that we intended to issue a final               of intent to participate, the Department
                                                                                                         shall, within 90 days after the initiation           Department of Commerce.
                                                determination revoking these
                                                                                                         of the review, issue a final                         SUMMARY: The Department of Commerce
                                                antidumping duty orders.9 On
                                                December 1, 2016, the Department                         determination revoking the order.                    (Department) is conducting an
                                                                                                         Because the domestic interested parties              administrative review of the
                                                Duty Order on Solid Urea from the Union of Soviet        did not file a notice of intent to                   antidumping duty order on welded
                                                Socialist Republics to the Commonwealth of               participate in these sunset reviews, the             ASTM A–312 stainless steel pipe from
                                                Independent States and the Baltic States and             Department finds that no domestic                    Republic of Korea (Korea). The period of
                                                Opportunity to Comment, 57 FR 28828 (June 29,                                                                 review (POR) is December 1, 2014,
                                                1992).
                                                                                                         interested party is participating in these
                                                   3 See Continuation of Antidumping Duty Orders:        sunset reviews. Therefore, consistent                through November 30, 2015. The review
                                                Solid Urea from Belarus, Estonia, Lithuania,             with 19 CFR 351.222(i)(2)(i) we are                  covers two exporters and/or producers
                                                Romania, Russia, Tajikistan, Turkmenistan,               revoking these antidumping duty orders               of the subject merchandise: SeAH Steel
                                                Ukraine, and Uzbekistan, 64 FR 62653 (November           effective December 20, 2016, the fifth               Corporation (SeAH) and LS Metal Co.,
                                                17, 1999); see also Antidumping Duty Order; Urea
                                                from the Socialist Republic of Romania, 52 FR 2636       anniversary of the date the Department               Ltd. (LS Metal). The Department
                                                (July 14, 1987) and Final Results of Expedited           published its most recent notice of                  preliminarily determines that during the
                                                Sunset Review: Solid Urea from Romania, 64 FR            continuation of the antidumping duty                 POR SeAH made sales of subject
                                                48360 (September 3, 1999) (Because Romania was           orders.                                              merchandise at less than normal value
                                                not part of the USSR, the initial investigation and
                                                the first five-year review on urea from Romania                                                               and LS Metal had no shipments. We
                                                                                                         Effective Date of Revocation
                                                were conducted separately, but the continuation                                                               invite interested parties to comment on
                                                order combined the remaining former Soviet                  Pursuant to section 751(c)(3)(A) of the           these preliminary results.
                                                Socialist Republics and Romania together.);              Act and 19 CFR 351.222(i)(2)(i), the
                                                Revocation of Antidumping Duty Order: Solid Urea                                                              DATES: Effective December 30, 2016.
                                                from Armenia, 64 FR 62654 (November 17, 1999);
                                                                                                         Department will instruct U.S. Customs
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                March 1999 Sunset Reviews: Final Results and             and Border Protection to terminate the
                                                Revocations, 64 FR 24137 (May 5, 1999) (revoking         suspension of liquidation of the                     Lingjun Wang, AD/CVD Operations,
                                                the antidumping duty orders on solid urea from           merchandise subject to these orders                  Office VII, Enforcement and
                                                Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, and
                                                                                                         entered, or withdrawn from warehouse,                Compliance, International Trade
                                                Moldova); and March and April 1999 Sunset                                                                     Administration, U.S. Department of
                                                Reviews: Final Results and Revocations, 64 FR            on or after December 20, 2016. Entries
                                                28974 (May 28, 1999) (revoking the antidumping           of subject merchandise prior to the                  Commerce, 1401 Constitution Avenue
                                                duty order on solid urea from Latvia).                   effective date of revocation will                    NW., Washington, DC 20230; telephone:
                                                   4 See Notice of Continuation of Antidumping
                                                                                                         continue to be subject to suspension of              (202) 482–2316.
                                                Duty Orders: Solid Urea from the Russian                                                                      SUPPLEMENTARY INFORMATION:
                                                Federation and Ukraine, 71 FR 581 (January 5,            liquidation and antidumping duty
                                                2006); see also Solid Urea from Belarus, Estonia,        deposit requirements. The Department                 Background
                                                Lithuania, Romania, Tajikistan, Turkmenistan, and        will complete any pending
                                                Uzbekistan: Final Results and Revocation of Orders,      administrative reviews of these orders                 On February 9, 2016, the Department
srobinson on DSK5SPTVN1PROD with NOTICES




                                                69 FR 77993 (December 29, 2004).                                                                              published a notice of initiation of this
                                                   5 Solid Urea from the Russian Federation and          and will conduct administrative reviews
                                                Ukraine: Continuation of Antidumping Duty                of subject merchandise entered prior to              review.1 On January 27, 2016, the
                                                Orders, 76 FR 78885 (December 20, 2011).                 the effective date of revocation in                  Department exercised its discretion to
                                                   6 See Initiation of Five-Year (‘‘Sunset’’) Reviews,                                                        toll all administrative deadlines by four
                                                81 FR 75808 (November 1, 2016).                             10 See Letter from Ministry of Economic
                                                   7 See 19 CFR 351.218(d)(1)(i).
                                                                                                         Development and Trade of Ukraine, ‘‘Solid Urea         1 See Initiation of Antidumping and
                                                   8 See 19 CFR 351.218(d)(1)(iii)(A).
                                                                                                         from Ukraine, 4th Sunset Review: A–823–801,’’        Countervailing Duty Administrative Reviews, 81 FR
                                                   9 See 19 CFR 351.218(d)(1)(iii)(B)(2).                dated December 1, 2016.                              6832 (February 9, 2016).



                                           VerDate Sep<11>2014   19:18 Dec 29, 2016   Jkt 241001   PO 00000   Frm 00003   Fmt 4703   Sfmt 4703   E:\FR\FM\30DEN1.SGM   30DEN1


                                                96436                        Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices

                                                business days.2 On May 3, 2016 and                       Memorandum for further discussion of                 assess antidumping duties on all
                                                December 13, 2016, the Department                        this issue.                                          appropriate entries covered by this
                                                extended the deadline for the                                                                                 review when the importer-specific
                                                                                                         Methodology
                                                preliminary results to December 20,                                                                           assessment rate calculated in the final
                                                2016.3 For a complete description of the                   The Department is conducting this                  results is above de minimis (i.e., 0.50
                                                events that followed the initiation of                   review in accordance with section                    percent). Where either the respondent’s
                                                this review, see the Preliminary                         751(a)(2) of the Tariff Act of 1930, as              weighted-average dumping margin is
                                                Decision Memorandum.4 A list of topics                   amended (the Act). Constructed export                zero or de minimis, or an importer-
                                                included in the Preliminary Decision                     prices or export prices are calculated in            specific assessment rate is zero or de
                                                Memorandum is included as Appendix                       accordance with section 772 of the Act.              minimis, we will instruct CBP to
                                                I.                                                       Normal value is calculated in                        liquidate the appropriate entries
                                                                                                         accordance with section 773 of the Act.              without regard to antidumping duties.
                                                Scope of the Order                                         For a full description of the                      The final results of this review shall be
                                                  The products covered by this order                     methodology underlying these                         the basis for the assessment of
                                                are shipments of welded austenitic                       preliminary results, see the Preliminary             antidumping duties on entries of
                                                stainless steel pipe (WSSP) from Korea                   Decision Memorandum. A list of the                   merchandise covered by the final results
                                                that meets the standards and                             topics discussed in the Preliminary                  of this review where applicable.
                                                specifications set forth by the American                 Decision Memorandum is attached as an                   The Department clarified its
                                                Society for Testing and Materials                        appendix to this notice. The Preliminary             ‘‘automatic assessment’’ regulation on
                                                (ASTM) for the welded form of                            Decision Memorandum is a public                      May 6, 2003.7 This clarification applies
                                                chromium-nickel pipe designated                          document and is on file electronically               to entries of subject merchandise during
                                                ASTM A–312. Imports of these products                    via Enforcement and Compliance’s                     the POR produced by a respondent for
                                                are currently classifiable under the                     Antidumping and Countervailing Duty                  which it did not know its merchandise
                                                following United States Harmonized                       Centralized Electronic Service System                was destined for the United States. In
                                                Tariff Schedule (HTSUS) subheadings:                     (ACCESS). ACCESS is available to                     such instances, we will instruct CBP to
                                                7306.40.5005, 7306.40.5015,                              registered users at https://                         liquidate unreviewed entries at the all-
                                                7306.40.5040, 7306.40.5065, and                          access.trade.gov, and is available to all            others rate if there is no rate for the
                                                7306.40.5085.5                                           parties in the Central Records Unit,                 intermediate company or companies
                                                                                                         room B8024 of the Department’s main                  involved in the transaction.
                                                Preliminary Determination of No                          building. In addition, a complete                       We intend to issue instructions to
                                                Shipments                                                version of the Preliminary Decision                  CBP 15 days after publication of the
                                                                                                         Memorandum can be accessed directly                  final results of this review.
                                                  LS Metal, in its questionnaire
                                                response, claimed that it made no sales                  on the internet at http://www.trade.gov/      Cash Deposit Requirements
                                                or shipments of subject merchandise                      enforcement/. The signed Preliminary
                                                                                                                                                          The following cash deposit
                                                during the POR. We issued a no                           Decision Memorandum and the
                                                                                                                                                       requirements will be effective upon
                                                shipments inquiry to, and received no                    electronic versions of the Preliminary
                                                                                                                                                       publication of the notice of final results
                                                contradictory information from, U.S.                     Decision Memorandum are identical in          of this review for all shipments of
                                                Customs and Border Protection (CBP).                     content.                                      subject merchandise entered, or
                                                As there is no record information                        Preliminary Results of Review                 withdrawn from warehouse, for
                                                contrary to LS Metal’s claim, we                                                                       consumption on or after the publication
                                                preliminarily determine that LS Metal                      As a result of this review, we
                                                                                                                                                       date, as provided by section 751(a)(2)(C)
                                                had no shipments of the subject                          preliminarily determine that the
                                                                                                                                                       of the Act: (1) The cash deposit rate for
                                                merchandise and, therefore, no                           weighted-average dumping margin for
                                                                                                                                                       the companies under review will be
                                                reviewable transactions during the POR.                  the POR is as follows:
                                                                                                                                                       equal to the weighted-average dumping
                                                The Department intends to complete the                                                                 margin established in the final results of
                                                review with respect to LS Metal and                                                          Margin
                                                                                                            Producer and/or exporter                   this review except if that rate is de
                                                                                                                                            (percent)
                                                will issue appropriate instructions to                                                                 minimis within the meaning of 19 CFR
                                                CBP based on the final results of this                   SeAH Steel Corporation ...........       1.91 351.106(c)(1), in which case the cash
                                                review. See the Preliminary Decision                                                                   deposit rate will be zero; (2) for
                                                                                                         Assessment Rate                               merchandise exported by manufacturers
                                                   2 See the Department’s January 27, 2016
                                                                                                                                                       or exporters not covered in this review
                                                memorandum, ‘‘Tolling of Administrative                    Upon issuance of the final results, the
                                                                                                                                                       but covered in a prior completed
                                                Deadlines as a Result of the Government Closure          Department shall determine, and CBP
                                                during Snowstorm ‘Jonas.’ ’’                                                                           segment of the proceeding, the cash
                                                                                                         shall assess, antidumping duties on all
                                                   3 See the Department’s August 15, 2016                                                              deposit rate will continue to be the
                                                                                                         appropriate entries covered by this
                                                memorandum, ‘‘Certain Welded ASTM A–312                                                                company-specific rate published for the
                                                Stainless Steel Pipe from the Republic of Korea:         review. For any individually examined
                                                                                                                                                       most recently completed segment of this
                                                Extension of Deadline for Preliminary Results of         respondents whose weighted-average
                                                                                                                                                       proceeding in which the manufacturer
                                                Antidumping Duty Administrative Review;’’ see            dumping margin is above de minimis,
                                                also, the Department’s December 13, 2016                                                               or exporter participated; (3) if the
                                                                                                         we will calculate importer-specific ad
                                                memorandum, ‘‘Certain Welded ASTM A–312                                                                exporter is not a firm covered in this
                                                Stainless Steel Pipe from the Republic of Korea:         valorem duty assessment rates based on
                                                                                                                                                       review, a prior review, or the original
                                                Extension of Deadline for Preliminary Results of         the ratio of the total amount of dumping
                                                                                                                                                       investigation, but the manufacturer is,
srobinson on DSK5SPTVN1PROD with NOTICES




                                                Antidumping Duty Administrative Review.’’                calculated for the importer’s examined
                                                   4 See ‘‘Decision Memorandum for the Preliminary                                                     then the cash deposit rate will be the
                                                                                                         sales to the total entered value of those
                                                Results of the Antidumping Duty Administrative
                                                Review: Welded ASTM A–312 Stainless Steel Pipe
                                                                                                         same sales in accordance with 19 CFR          Proceedings: Final Modification, 77 FR 8101, 8102
                                                from the Republic of Korea; 2014–2015,’’ dated           351.212(b)(1).6 We will instruct CBP to       (February 14, 2012).
                                                concurrently with this notice (Preliminary Decision                                                             7 For a full discussion of this clarification, see
                                                Memorandum).                                               6 SeeAntidumping Proceedings: Calculation of       Antidumping and Countervailing Duty Proceedings:
                                                   5 For a full description of the scope of the Order,   the Weighted-Average Dumping Margin and              Assessment of Antidumping Duties, 68 FR 23954
                                                see Preliminary Decision Memorandum.                     Assessment Rate in Certain Antidumping               (May 6, 2003) (Assessment Policy Notice).



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                                                                            Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices                                          96437

                                                rate established for the most recently                  Commerce, 14th Street and Constitution                DEPARTMENT OF COMMERCE
                                                completed segment of this proceeding                    Avenue NW., Washington, DC 20230, at
                                                for the manufacturer of the                             a date and time to be determined.15                   National Oceanic and Atmospheric
                                                merchandise; and (4) if neither the                     Parties should confirm by telephone the               Administration
                                                exporter nor the manufacturer is a firm                 date, time, and location of the hearing               RIN 0648–XF068
                                                covered in this or any previously                       two days before the scheduled date.
                                                completed segment of this proceeding,                                                                         Fisheries Off West Coast States;
                                                                                                          We intend to issue the final results of
                                                then the cash deposit rate will be the                                                                        Pacific Coast Groundfish Fishery;
                                                ‘‘all-others’’ rate of 7.00 percent                     this review within 120 days after the
                                                                                                                                                              Application for an Exempted Fishing
                                                established in the Amended Final                        date of publication of this notice, unless
                                                                                                                                                              Permit (EFP)
                                                Determination and Order.8 These                         otherwise extended.16
                                                deposit requirements, when imposed,                                                                           AGENCY:  National Marine Fisheries
                                                                                                        Notification to Importers                             Service (NMFS), National Oceanic and
                                                shall remain in effect until further
                                                notice.                                                   This notice serves as a preliminary                 Atmospheric Administration (NOAA),
                                                                                                        reminder to importers of their                        Commerce.
                                                Disclosure and Public Comment                                                                                 ACTION: Notice; receipt of EFP
                                                                                                        responsibility under 19 CFR
                                                   The Department intends to disclose                   351.402(f)(2) to file a certificate                   application; request for comments.
                                                the calculations performed in                           regarding the reimbursement of                        SUMMARY:   NMFS announces the receipt
                                                connection with these preliminary                       antidumping duties prior to liquidation               of an exempted fishing permit (EFP)
                                                results within five days after the date of              of the relevant entries during this                   application from the West Coast Seafood
                                                publication of this notice in accordance                review period. Failure to comply with                 Processors Association, Environmental
                                                with 19 CFR 351.224(b).                                 this requirement could result in the                  Defense Fund, Oregon Trawl
                                                   Interested parties may submit case                   Department’s presumption that                         Commission, and Pacific Seafoods for
                                                briefs no later than 30 days after the                  reimbursement of antidumping duties                   an EFP Program to monitor and
                                                publication date of this notice.9 Rebuttal                                                                    minimize salmon bycatch when vessels
                                                                                                        occurred and the subsequent assessment
                                                briefs, limited to issues raised in the                                                                       target rockfish in the shorebased
                                                                                                        of doubled antidumping duties.
                                                case briefs, may be filed not later than                                                                      individual fishing quota (IFQ) fishery.
                                                five days after the date for filing case                Notification to Interested Parties                    The NMFS West Coast Region’s
                                                briefs.10 Parties who submit case briefs                                                                      Assistant Regional Administrator for
                                                or rebuttal briefs are requested to submit                These preliminary results of this
                                                                                                                                                              Sustainable Fisheries has made a
                                                with each argument: (1) A statement of                  review are issued and published in
                                                                                                                                                              preliminary determination that the
                                                the issue; (2) a brief summary of the                   accordance with sections 751(a)(1) and
                                                                                                                                                              subject EFP application contains all the
                                                argument; and (3) a table of                            777(i)(1) of the Act and 19 CFR                       required information and the EFP
                                                authorities.11 Executive summaries                      351.213(h).                                           Program warrants further consideration.
                                                should be limited to five pages total,                    Dated: December 20, 2016.                           Therefore, NMFS announces that the
                                                including footnotes.12 All briefs must be                                                                     Assistant Regional Administrator for
                                                                                                        Paul Piquado,
                                                filed electronically via ACCESS.13 An                                                                         Sustainable Fisheries proposes to
                                                electronically filed document must be                   Assistant Secretary for Enforcement and
                                                                                                        Compliance.                                           recommend that EFPs be issued under
                                                received successfully in its entirety by                                                                      an EFP Program that would allow as
                                                ACCESS, by 5:00 p.m. Eastern Time on                    Appendix—List of Topics Discussed in                  many as 50 commercial fishing vessels
                                                the on which it is due.14                               the Preliminary Decision                              to conduct fishing operations that are
                                                   Pursuant to 19 CFR 351.310(c),                       Memorandum:                                           otherwise restricted by the regulations
                                                interested parties who wish to request a                                                                      governing the fisheries of the west coast
                                                hearing must submit a written request to                I. Summary
                                                                                                        II. Background
                                                                                                                                                              of the United States. If awarded, the EFP
                                                the Assistant Secretary for Enforcement                                                                       Program would exempt participating
                                                and Compliance within 30 days of the                    III. Scope of the Order
                                                                                                        IV. No Shipments                                      limited entry bottom trawl vessels from
                                                publication date of this notice, filed                                                                        the requirement to use selective flatfish
                                                electronically via ACCESS. Requests                     V. Discussion of Methodology
                                                                                                           A. Comparisons to Normal Value                     trawl gear shoreward of the Trawl
                                                should contain: (1) The party’s name,                                                                         Rockfish Conservation Area (RCA) north
                                                address and telephone number; (2) the                      B. Date of Sale
                                                                                                           C. Product Comparisons                             of 40°10′ N. latitude in waters off the
                                                number of participants; and (3) a list of                                                                     west coast. In addition, if awarded, the
                                                issues parties intend to discuss. Issues                   D. Constructed Export Price
                                                                                                           E. Normal Value                                    EFP Program would also allow
                                                raised in the hearing will be limited to                                                                      participating bottom trawl vessels that
                                                those raised in the respective case and                    F. Cost of Production Analysis
                                                                                                           G. Calculation of Normal Value Based on            fish any place along the west coast an
                                                rebuttal briefs. If a request for a hearing                                                                   exemption to the minimum mesh size
                                                                                                              Comparison Market Prices
                                                is made, the Department intends to hold                                                                       requirement of 4.5 inches.
                                                                                                           H. Currency Conversion
                                                the hearing at the U.S. Department of                                                                            The EFP Program is intended to
                                                                                                        VI. Recommendation
                                                  8 See Notice of Amended Final Determination and       [FR Doc. 2016–31728 Filed 12–29–16; 8:45 am]
                                                                                                                                                              provide additional flexibility in the
                                                Antidumping Duty Order: Certain Welded Stainless
                                                                                                                                                              configuration and use of bottom trawl
                                                                                                        BILLING CODE 3510–DS–P
                                                Steel Pipe from the Republic of Korea, 60 FR 10064                                                            gear for the vessels, as well as provide
                                                                                                                                                              additional information on potential
srobinson on DSK5SPTVN1PROD with NOTICES




                                                (February 23, 1995) (Amended Final Determination
                                                and Order).                                                                                                   impacts to protected resources,
                                                  9 See 19 CFR 351.303 (for general filing
                                                                                                                                                              particularly Chinook salmon bycatch,
                                                requirements).
                                                  10 See 19 CFR 351.309(c) and (d).                                                                           resulting from this added flexibility.
                                                  11 See 19 CFR 351.309(c)(2) and (d)(2).                                                                     The additional information would be
                                                  12 Id.                                                  15 See19 CFR 351.310(d).                            used to enhance the management of the
                                                  13 See 19 CFR 351.303.                                  16 Seesection 751(a)(3)(A) of the Act and 19 CFR    groundfish fishery and promote the
                                                  14 See 19 CFR 351.303(b)(1).                          351.213(h)(1).                                        objectives of the Pacific Coast


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Document Created: 2016-12-30 05:16:32
Document Modified: 2016-12-30 05:16:32
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 December 30, 2016.
ContactLingjun Wang, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2316.
FR Citation81 FR 96435 

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