82 FR 12798 - Welded ASTM A-312 Stainless Steel Pipe From South Korea and Taiwan: Final Results of the Expedited Fourth Sunset Reviews of the Antidumping Duty Orders
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 43 (March 7, 2017)
International Trade Administration
Federal Register Volume 82, Issue 43 (March 7, 2017)
| Page Range | 12798-12800 | |
| FR Document | 2017-04421 |
[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)] [Notices] [Pages 12798-12800] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04421] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-810 and A-583-815] Welded ASTM A-312 Stainless Steel Pipe From South Korea and Taiwan: Final Results of the Expedited Fourth Sunset Reviews of the Antidumping Duty Orders AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective March 7, 2017. SUMMARY: As a result of these sunset reviews, the Department of Commerce (the Department) finds that revocation of the antidumping duty orders on welded ASTM A-312 stainless steel pipe from South Korea and Taiwan would be likely to lead to continuation or recurrence of dumping. The magnitude of the dumping margins likely to prevail is indicated in the ``Final Results of Sunset Review'' section of this notice. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD Operations, Office VII, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-5255. SUPPLEMENTARY INFORMATION: Background The antidumping duty orders on welded ASTM A-312 stainless steel pipe from South Korea and Taiwan were published on December 30, 1992.\1\ On [[Page 12799]] November 1, 2016, the Department published the notice of initiation of the sunset reviews of the antidumping duty orders on certain welded ASTM A-312 stainless steel pipe from South Korea and Taiwan pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ --------------------------------------------------------------------------- \1\ See Antidumping Duty Order and Clarification of Final Determination: Certain Welded Stainless Steel Pipes From Korea, 57 FR 62301 (December 30, 1992) and 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); see also Amended Final Determination and Antidumping Duty Order: Certain Welded Stainless Steel Pipe From Taiwan, 57 FR 62300 (December 30, 1992). \2\ See Initiation of Five-Year (``Sunset'') Reviews, 81 FR 75808 (November 1, 2016) (Sunset Initiation). --------------------------------------------------------------------------- In accordance with 19 CFR 351.218(d)(1)(i) and (ii), the Department received a notice of intent to participate in these sunset reviews from Bristol Metals LLC,\3\ Felker Brothers Corporation, Marcegaglia USA, and Outokumpu Stainless Pipe, Inc. (Domestic Interested Parties), within 15 days after the date of publication of the Sunset Initiation. Petitioners claimed interested party status under section 771(9)(C) of the Act, as domestic producers of the domestic like product. --------------------------------------------------------------------------- \3\ Bristol Metals was the petitioner during the Less Than Fair Value Investigation. See ``Letter from Schagrin Associates to the Honorable Penny Pritzker, Secretary to Commerce, Welded ASTM A-312 stainless steel pipes from Korea, Fourth Sunset Review: Substantive Response to Notice of Initiation,'' dated December 1, 2016 at 2. See also ``Letter from Schagrin Associates to the Honorable Penny Pritzker, Secretary to Commerce, Welded ASTM A-312 stainless steel pipes from Taiwan Fourth Sunset Review: Substantive Response to Notice of Initiation,'' dated November 8, 2016 at 2. --------------------------------------------------------------------------- On December 1, 2016, the Department received complete substantive responses to the notices of initiation from Domestic Interested Parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). The Department received no substantive response from any respondent interested parties. As a result, the Department conducted an expedited, i.e., 120-day, sunset review of this order pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). On January 17, 2017, Domestic Interested Parties submitted a letter clarifying which U.S. Harmonized Tariff Schedule (HTSUS) numbers were included in the import data provided in Exhibit 1 of its substantive responses.\4\ --------------------------------------------------------------------------- \4\ See Letter from Schagrin Associates to the Honorable Penny Pritzker, ``Welded ASTM A-312 stainless steel pipes from Korea and Taiwan, Fourth Sunset Review: Clarification of Substantive Response to Notice of Initiation,'' dated January 17, 2017. --------------------------------------------------------------------------- Scope of the Orders South Korea The products covered by the 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. WSSP is produced by forming stainless steel flat-rolled products into a tubular configuration and welding along the seam. WSSP is a commodity product generally used as a conduit to transmit liquids or gases. Major applications for WSSP include, but are not limited to, digester lines, blow lines, pharmaceutical lines, petrochemical stock lines, brewery process and transport lines, general food processing lines, automotive paint lines and paper process machines. Imports of these products are currently classifiable under the following HTSUS subheadings: 7306.40.5005, 7306.40.5015, 7306.40.5040, 7306.40.5065 and 7306.40.5085. Although the HTSUS subheadings include both pipes and tubes, the scope of the order is limited to welded austenitic stainless steel pipes. The HTSUS subheadings are provided for convenience and customs purposes. The written description remains dispositive. Taiwan The merchandise subject to the order is welded austenitic stainless steel pipe 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. The merchandise covered by the scope of the order also includes austenitic welded stainless steel pipes made according to standards of other nations, which are comparable to ASTM A-312. WSSP is produced by forming stainless steel flat-rolled products into a tubular configuration and welding along the seam. WSSP is a commodity product generally used as a conduit to transmit liquids or gases. Major applications for WSSP include, but are not limited to, digester lines, blow lines, pharmaceutical lines, petrochemical stock lines, brewery process and transport lines, general food processing lines, automotive paint lines and paper process machines. Imports of these products are currently classifiable under the following HTSUS subheadings: 7306.40.5005, 7306.40.5015, 7306.40.5040, 7306.40.5065 and 7306.40.5085. Although the HTSUS subheadings include both pipes and tubes, the scope of the order is limited to welded austenitic stainless steel pipes. The HTSUS subheadings are provided for convenience and customs purposes. The written description remains dispositive. Analysis of Comments Received All issues raised in these reviews are addressed in the Issues and Decision Memorandum,\5\ including the likelihood of continuation or recurrence of dumping in the event of revocation, and the magnitude of dumping margins likely to prevail if the orders were revoked. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in the Issues and Decision Memorandum, which 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 http://access.trade.gov and is available to all parties in the Central Records Unit in room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://trade.gov/enforcement/. The signed and electronic versions of the Decision Memorandum are identical in content. --------------------------------------------------------------------------- \5\ See ``Issues and Decision Memorandum: Final Results of Expedited Sunset Reviews of the Antidumping Duty Orders on Welded ASTM A-312 Stainless Steel Pipe From South Korea and Taiwan, dated concurrently with this Federal Register notice. --------------------------------------------------------------------------- Final Results of Sunset Review Pursuant to sections 752(c)(1) and (3) of the Act, we determine that revocation of the antidumping duty order on Welded ASTM A-312 Stainless Steel Pipe from South Korea and the antidumping duty order on Welded ASTM A-312 Stainless Steel Pipe Taiwan would be likely to lead to continuation or recurrence of dumping up to the following weighted- average margins: ------------------------------------------------------------------------ Weighted- average Country margin (percent) ------------------------------------------------------------------------ South Korea................................................. 17.14 Taiwan...................................................... 31.90 ------------------------------------------------------------------------ Notification to Interested Parties This notice serves as the only reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely written notification of the destruction of APO materials or conversion to judicial [[Page 12800]] protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. The Department is issuing and publishing these final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: March 1, 2017. Ronald K. Lorentzen, Acting Assistant Secretary For Enforcement & Compliance. [FR Doc. 2017-04421 Filed 3-6-17; 8:45 am] BILLING CODE 3510-DS-P
![12798 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices
there is no public announcement, date to be determined. Parties should 7227.90.6030, 7227.90.6035, 7227.90.6040,
within five days of the date of confirm by telephone the date, time, and 7228.20.1000, and 7228.60.6000.
publication of this notice in accordance location of the hearing two days before HTSUS numbers are provided for
convenience and customs purposes;
with 19 CFR 351.224(b). However, the scheduled date. however, the written description of the scope
because the Department preliminarily remains dispositive.
Final Determination
applied AFA to both Jonan and Kyoei,
in accordance with section 776 of the In accordance with Section 735(a)(1) Appendix II
Act, there are no calculations to of the Act and 19 CFR 351.210(b)(1), we List of Topics Discussed in the Preliminary
disclose. will make the final determination no Decision Memorandum
later than 75 days after the signature I. Summary
Verification date of this preliminary determination. II. Background
Because the mandatory respondents International Trade Commission III. Period of Investigation
in this investigation did not provide Notification IV. Scope of the Investigation
information requested by the V. Use of Facts Available with Adverse
Department and the Department In accordance with section 733(f) of Inferences
preliminarily determines each of the the Act, we are notifying the A. Application of Facts Available
International Trade Commission (ITC) of B. Use of Adverse Inferences
mandatory respondents to have been C. Selection and Corroboration of the AFA
uncooperative, verification will not be our preliminary determination. If our
Rate
conducted. final determination is affirmative, the VI. All-Others Rate
ITC will determine before the later of VII. Verification
Public Comment 120 days after the date of this VIII. Conclusion
Interested parties are invited to preliminary determination or 45 days [FR Doc. 2017–04415 Filed 3–6–17; 8:45 am]
comment on this preliminary after our final determination whether BILLING CODE 3510–DS–P
determination. Case briefs or other these imports are materially injuring, or
written comments may be submitted to threaten material injury to, the U.S.
the Assistant Secretary for Enforcement industry. DEPARTMENT OF COMMERCE
and Compliance no later than 30 days This determination is issued and
after the date of publication of this published in accordance with sections International Trade Administration
notice, and rebuttal briefs, limited to 733(f) and 777(i)(1) of the Act and 19
[A–580–810 and A–583–815]
issues raised in case briefs, may be CFR 351.205(c).
submitted no later than five days after Dated: February 28, 2017. Welded ASTM A–312 Stainless Steel
the deadline date for case briefs.9 Ronald K. Lorentzen, Pipe From South Korea and Taiwan:
Pursuant to 19 CFR 351.309(c)(2) and Acting Assistant Secretary for Enforcement Final Results of the Expedited Fourth
(d)(2), parties who submit case briefs or and Compliance. Sunset Reviews of the Antidumping
rebuttal briefs in this proceeding are Duty Orders
encouraged to submit with each Appendix I
argument: (1) A statement of the issue; AGENCY: Enforcement and Compliance,
Scope of the Investigation
(2) a brief summary of the argument; International Trade Administration,
The merchandise subject to this Department of Commerce.
and (3) a table of authorities. All investigation is steel concrete reinforcing bar
documents must be filed electronically imported in either straight length or coil form DATES: Effective March 7, 2017.
using ACCESS. An electronically filed (rebar) regardless of metallurgy, length, SUMMARY: As a result of these sunset
document must be received successfully diameter, or grade or lack thereof. Subject reviews, the Department of Commerce
in its entirety by ACCESS by 5 p.m. merchandise includes deformed steel wire (the Department) finds that revocation
with bar markings (e.g., mill mark, size, or of the antidumping duty orders on
Eastern Standard Time on the date the
grade) and which has been subjected to an welded ASTM A–312 stainless steel
document is due. elongation test.
Pursuant to 19 CFR 351.310(c), pipe from South Korea and Taiwan
The subject merchandise includes rebar
interested parties who wish to request a that has been further processed in the subject would be likely to lead to continuation
hearing, limited to issues raised in the country or a third country, including but not or recurrence of dumping. The
case and rebuttal briefs, must submit a limited to cutting, grinding, galvanizing, magnitude of the dumping margins
written request to the Assistant painting, coating, or any other processing likely to prevail is indicated in the
Secretary for Enforcement and that would not otherwise remove the ‘‘Final Results of Sunset Review’’
Compliance, U.S. Department of merchandise from the scope of the section of this notice.
investigation if performed in the country of
Commerce, within 30 days after the date FOR FURTHER INFORMATION CONTACT:
manufacture of the rebar.
of publication of this notice.10 Requests Specifically excluded are plain rounds Jacqueline Arrowsmith, AD/CVD
should contain the party’s name, (i.e., nondeformed or smooth rebar). Also Operations, Office VII, Enforcement and
address, and telephone number, the excluded from the scope is deformed steel Compliance, U.S. Department of
number of participants, whether any wire meeting ASTM A1064/A1064M with no Commerce, 1401 Constitution Avenue
participant is a foreign national, and a bar markings (e.g., mill mark, size, or grade) NW., Washington, DC 20230; telephone
list of the issues to be discussed. If a and without being subject to an elongation (202) 482–5255.
request for a hearing is made, the test.
SUPPLEMENTARY INFORMATION:
The subject merchandise is classifiable in
Department intends to hold the hearing the Harmonized Tariff Schedule of the Background
sradovich on DSK3GMQ082PROD with NOTICES
at the U.S. Department of Commerce, United States (HTSUS) primarily under item
1401 Constitution Avenue NW., numbers 7213.10.0000, 7214.20.0000, and The antidumping duty orders on
Washington, DC 20230,11 at a time and 7228.30.8010. The subject merchandise may welded ASTM A–312 stainless steel
also enter under other HTSUS numbers pipe from South Korea and Taiwan were
9 See 19 CFR 351.309; see also 19 CFR 351.303 including 7215.90.1000, 7215.90.5000, published on December 30, 1992.1 On
(for general filing requirements). 7221.00.0017, 7221.00.0018, 7221.00.0030,
10 See 19 CFR 351.310(c). 7221.00.0045, 7222.11.0001, 7222.11.0057, 1 See Antidumping Duty Order and Clarification
11 Id. 7222.11.0059, 7222.30.0001, 7227.20.0080, of Final Determination: Certain Welded Stainless
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![12800 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices
protective order is hereby requested. Memorandum.2 A list of topics included All-Others Rate
Failure to comply with the regulations in the Preliminary Decision
and terms of an APO is a violation Memorandum is included as Appendix Sections 733(d)(1)(ii) and 735(c)(5)(A)
which is subject to sanction. II to this notice. The Preliminary of the Act provide that in the
The Department is issuing and Decision Memorandum is a public preliminary determination the
publishing these final results and notice document and is on file electronically Department shall determine an
in accordance with sections 751(c), via Enforcement and Compliance’s estimated all-others rate for all exporters
752(c), and 777(i)(1) of the Act and 19 Antidumping and Countervailing Duty and producers not individually
CFR 351.218. Centralized Electronic Service System examined. This rate shall be an amount
Dated: March 1, 2017. (ACCESS). ACCESS is available to equal to the weighted average of the
Ronald K. Lorentzen, registered users at https:// estimated weighted-average dumping
access.trade.gov, and to all parties in the margins established for exporters and
Acting Assistant Secretary For Enforcement
& Compliance. Central Records Unit, Room B8024 of producers individually investigated,
the main Department of Commerce excluding any zero and de minimis
[FR Doc. 2017–04421 Filed 3–6–17; 8:45 am]
building. In addition, a complete margins, and any margins determined
BILLING CODE 3510–DS–P
version of the Preliminary Decision entirely under section 776 of the Act.
Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/. In this investigation, the Department
DEPARTMENT OF COMMERCE calculated estimated weighted-average
The signed and the electronic versions
of the Preliminary Decision dumping margins for Power Steel Co.,
International Trade Administration
Memorandum are identical in content. Ltd. (Power Steel) and Lo-Toun Steel
[A–583–859] and Iron Works Co., Ltd. (Lo-Toun) that
Scope of the Investigation are not zero, de minimis, or based
Steel Concrete Reinforcing Bar From entirely on facts otherwise available.
Taiwan: Preliminary Affirmative The product covered by this
investigation is rebar from Taiwan. For The Department calculated the all-
Determination of Sales at Less Than others’ rate using a weighted average of
Fair Value, Postponement of Final a complete description of the scope of
this investigation, see Appendix I. the estimated weighted-average
Determination, and Extension of
dumping margins calculated for the
Provisional Measures Scope Comments examined respondents using each
AGENCY: Enforcement and Compliance, In accordance with the preamble to company’s publicly-ranged values for
International Trade Administration, the Department’s regulations,3 the the merchandise under consideration.5
Department of Commerce. Initiation Notice set aside a period of For further discussion of this
SUMMARY: The Department of Commerce time for parties to raise issues regarding calculation, see the memorandum
(the Department) preliminarily product coverage (i.e., scope).4 No entitled ‘‘Steel Concrete Reinforcing Bar
determines that steel concrete interested party commented on the From Taiwan: Calculation of the
reinforcing bar (rebar) from Taiwan is scope of the investigation as it appeared Preliminary Margin for All Other
being, or is likely to be, sold in the in the Initiation Notice. However, Companies,’’ dated concurrently with
United States at less than fair value because the investigation pertains to this notice.
(LTFV). The period of investigation rebar from Taiwan, the Department
(POI) is July 1, 2015, through June 30, preliminarily modified the scope Preliminary Determination
2016. language as it appeared in the Initiation The Department preliminarily
DATES: Effective March 7, 2017. Notice to remove the language determines that the following estimated
FOR FURTHER INFORMATION CONTACT: Jun pertaining to the scope of the weighted-average dumping margins
Jack Zhao or Kathryn Wallace, AD/CVD countervailing duty investigation of exist:
Operations, Office VII, Enforcement and rebar from Turkey. See the scope in
Compliance, International Trade Appendix I to this notice. 5 With two respondents under examination, the
Administration, U.S. Department of Methodology Department normally calculates (A) a weighted-
Commerce, 1401 Constitution Avenue average of the estimated weighted-average dumping
NW., Washington, DC 20230; telephone: The Department is conducting this margins calculated for the examined respondents;
(202) 482–1396 or (202) 482–6251, investigation in accordance with section (B) a simple average of the estimated weighted-
731 of the Act. The Department has average dumping margins calculated for the
respectively.
examined respondents; and (C) a weighted-average
calculated export prices in accordance
SUPPLEMENTARY INFORMATION: of the estimated weighted-average dumping margins
with section 772(a) of the Act. Normal calculated for the examined respondents using each
Background value (NV) is calculated in accordance company’s publicly-ranged U.S. sale quantities for
This preliminary determination is with section 773 of the Act. For a full the merchandise under consideration. The
description of the methodology Department then compares (B) and (C) to (A) and
made in accordance with section 733(b) selects the rate closest to (A) as the most
of the Tariff Act of 1930, as amended underlying the preliminary
appropriate rate for all other producers and
(the Act). The Department published the determination, see the Preliminary exporters. See Ball Bearings and Parts Thereof From
notice of initiation of this investigation Decision Memorandum. France, Germany, Italy, Japan, and the United
on October 18, 2016.1 For a complete Kingdom: Final Results of Antidumping Duty
sradovich on DSK3GMQ082PROD with NOTICES
2 See Memorandum, ‘‘Decision Memorandum for Administrative Reviews, Final Results of Changed-
description of the events that followed Circumstances Review, and Revocation of an Order
the Preliminary Determination in the Less-Than-
the initiation of this investigation, see Fair-Value Investigation of Steel Concrete in Part, 75 FR 53661, 53663 (September 1, 2010).
the Preliminary Decision Reinforcing Bar From Taiwan’’ dated concurrently As complete publicly ranged sales data was
with, and hereby adopted by, this notice available, the Department based the all-others rate
1 See Steel Concrete Reinforcing Bar From Japan, (Preliminary Decision Memorandum). on the publicly ranged sales data of the mandatory
Taiwan, and the Republic of Turkey: Initiation of 3 See Antidumping Duties; Countervailing Duties, respondents. For a complete analysis of the data,
Less-Than Fair Value Investigations, 81 FR 71697 Final Rule, 62 FR 27296, 27323 (May 19, 1997). please see the All-Others’ Rate Calculation
(October 18, 2016) (Initiation Notice). 4 See Initiation Notice. Memorandum.
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Document Created: 2018-02-01 14:48:41
Document Modified: 2018-02-01 14:48:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective March 7, 2017. | |
| Contact | Jacqueline Arrowsmith, AD/CVD Operations, Office VII, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-5255. | |
| FR Citation | 82 FR 12798 |
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