82 FR 22486 - Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India and the People's Republic of China: Initiation of Countervailing Duty Investigations
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 93 (May 16, 2017)
International Trade Administration
Federal Register Volume 82, Issue 93 (May 16, 2017)
| Page Range | 22486-22490 | |
| FR Document | 2017-09869 |
[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)] [Notices] [Pages 22486-22490] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09869] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-533-874; C-570-059] Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India and the People's Republic of China: Initiation of Countervailing Duty Investigations AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective May 9, 2017. FOR FURTHER INFORMATION CONTACT: Elfie Blum at (202) 482-0197 (India); Yasmin Bordas at (202) 482-3813 (the People's Republic of China), AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: The Petitions On April 19, 2017, the U.S. Department of Commerce (the Department) received countervailing duty (CVD) Petitions concerning imports of certain cold-drawn mechanical tubing of carbon and alloy steel (cold- drawn mechanical tubing) from India and the People's Republic of China (the PRC), filed in proper form on behalf of ArcelorMittal Tubular Products; Michigan Seamless Tube, LLC; PTC Alliance Corp.; Webco Industries, Inc.; and Zekelman Industries, Inc. (collectively, the petitioners). The CVD Petitions were accompanied by antidumping duty (AD) Petitions concerning imports of cold-drawn mechanical tubing from each of the above countries, in addition to Italy, Switzerland, the Federal Republic of Germany, and the Republic of Korea.\1\ The petitioners are domestic producers of cold-drawn mechanical tubing.\2\ --------------------------------------------------------------------------- \1\ See ``Certain Cold-Drawn Mechanical Tubing Of Carbon And Alloy Steel from the People's Republic Of China, the Federal Republic of Germany, India, Italy, the Republic of Korea, and Switzerland--Petitions for the Imposition of Antidumping and Countervailing Duties,'' dated April 19, 2017 (the Petitions). \2\ Id., Volume I of the Petitions, at 2. --------------------------------------------------------------------------- On April 24, 2017, the Department requested supplemental information pertaining to certain areas of the Petitions.\3\ The petitioners filed responses to these requests on April 28, 2017.\4\ --------------------------------------------------------------------------- \3\ See Letter from the Department, ``Petition for the Imposition of Countervailing Duties on Imports of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Supplemental Questions,'' dated April 24, 2017 (India CVD Supplemental Questionnaire); see also Letter from the Department, ``Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the People's Republic of China, the Federal Republic of Germany, India, Italy, the Republic of Korea, and Switzerland: Supplemental Questions,'' dated April 24, 2017 (General Issues Supplemental Questionnaire); see also Letter from the Department ``Petition for the Imposition of Countervailing Duties on Imports of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the PRC: Supplemental Questions,'' dated April 24, 2017 (PRC CVD Supplemental Questionnaire). \4\ See Letter from the petitioners, ``Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India--Petitioners' Response to Supplemental Questionnaire Concerning Countervailing Duty Petition,'' dated April 28, 2017 (India CVD Supplement); see also Letter from the petitioners, ``Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India--Petitioners' Amendment to Volume I Relating to General Issues,'' dated April 28, 2017 (General Issues Supplement); see also Letter from Petitioners, ``Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the People's Republic of China--Petitioners' Response to Supplemental Questionnaire Concerning Countervailing Duty Petition,'' dated April 28, 2017 (PRC CVD Supplement). --------------------------------------------------------------------------- In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioners allege that the Governments of India (GOI) and the PRC (GOC) are providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to imports of cold- drawn mechanical tubing from India and the PRC, respectively, and that such imports are materially injuring the domestic industry producing cold-drawn mechanical tubing in the United States. Also, consistent with section 702(b)(1) of the Act, for those alleged programs on which we are initiating a CVD investigation, the Petitions are accompanied by information reasonably available to the petitioners supporting their allegations. The Department finds that the petitioners filed these Petitions on behalf of the domestic industry because the petitioners are interested parties as defined in section 771(9)(C) of the Act. The Department also finds that the petitioners demonstrated sufficient industry support with respect to the initiation of the CVD investigations that the petitioners are requesting.\5\ --------------------------------------------------------------------------- \5\ See ``Determination of Industry Support for the Petition'' section, below. --------------------------------------------------------------------------- Periods of Investigation Because the Petitions were filed on April 19, 2017, the period of investigation is January 1, 2016, through December 31, 2016. Scope of the Investigations The product covered by these investigations is cold-drawn mechanical tubing from India and the PRC. For a full description of the scope of these investigations, see the ``Scope of the Investigations,'' in Appendix I of this notice. Comments on Scope of the Investigations During our review of the Petitions, the Department issued questions to, and received responses from, the petitioners pertaining to the proposed scope to ensure that the scope language in the Petitions would be an accurate reflection of the products for which the domestic industry is seeking relief.\6\ --------------------------------------------------------------------------- \6\ See General Issues Supplemental Questionnaire; see also General Issues Supplement. --------------------------------------------------------------------------- As discussed in the preamble to the Department's regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (scope).\7\ The Department will consider all comments received from interested parties and, if necessary, will consult with the interested parties prior to the issuance of the preliminary determinations. If scope comments include factual information (see 19 CFR 351.102(b)(21)) all such factual information should be limited to public information. To facilitate preparation of its questionnaires, the Department requests all interested parties to submit such comments by 5:00 p.m. Eastern Time (ET) on Tuesday, May 30, 2017, which is 20 calendar days from the signature date of this notice.\8\ Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on Thursday, June 8, 2017, which is 10 calendar days from the initial comments deadline.\9\ --------------------------------------------------------------------------- \7\ See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997). \8\ The twenty-day deadline falls on May 29, 2017, a federal holiday; accordingly, our due date will be on the next business day. \9\ See 19 CFR 351.303(b). --------------------------------------------------------------------------- The Department requests that any factual information the parties consider relevant to the scope of the investigations be submitted during this time period. However, if a party [[Page 22487]] subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party may contact the Department and request permission to submit the additional information. All such comments must be filed on the records of each of the concurrent AD and CVD investigations. Filing Requirements All submissions to the Department must be filed electronically using Enforcement and Compliance's Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS).\10\ An electronically-filed document must be received successfully in its entirety by the time and date it is due. Documents exempted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines. --------------------------------------------------------------------------- \10\ See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011), see also Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of the Department's electronic filing requirements, which went into effect on August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf. --------------------------------------------------------------------------- Consultations Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, the Department notified representatives of the GOI and the GOC of the receipt of the Petitions, and provided representatives of the GOI and the GOC the opportunity for consultations with respect to the CVD Petitions. Consultations with the GOC were held via conference call on May 5, 2017, and consultations with the GOI were held at the Department's main building on May 9, 2017.\11\ --------------------------------------------------------------------------- \11\ See Memorandum to the File regarding ``Ex-Parte Meeting with Officials from the Government of the People's Republic of China on the Countervailing Duty Petition on Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the People's Republic of China,'' dated May 5, 2017. See also Memorandum to the File regarding ``Ex-Parte Meeting with Officials from the Government of India on the Countervailing Duty Petition on Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India,'' dated May 9, 2017. --------------------------------------------------------------------------- Determination of Industry Support for the Petitions Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ``industry.'' Section 771(4)(A) of the Act defines the ``industry'' as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ``the domestic industry'' has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product,\12\ they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.\13\ --------------------------------------------------------------------------- \12\ See section 771(10) of the Act. \13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)). --------------------------------------------------------------------------- Section 771(10) of the Act defines the domestic like product as ``a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.'' Thus, the reference point from which the domestic like product analysis begins is ``the article subject to an investigation'' (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the Petitions). With regard to the domestic like product, the petitioners do not offer a definition of the domestic like product distinct from the scope of the investigations. Based on our analysis of the information submitted on the record, we have determined that cold-drawn mechanical tubing, as defined in the scope, constitutes a single domestic like product and we have analyzed industry support in terms of that domestic like product.\14\ --------------------------------------------------------------------------- \14\ For a discussion of the domestic like product analysis in these cases, see Countervailing Duty Investigation Initiation Checklist: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the People's Republic of China (PRC CVD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Certain Cold- Drawn Mechanical Tubing of Carbon and Alloy Steel from the People's Republic of China, the Federal Republic of Germany, India, Italy, the Republic of Korea, and Switzerland (Attachment II); and Countervailing Duty Investigation Initiation Checklist: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India (India CVD Initiation Checklist), at Attachment II. These checklists are dated concurrently with this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building. --------------------------------------------------------------------------- In determining whether the petitioners have standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petitions with reference to the domestic like product as defined in the ``Scope of the Investigations,'' in Appendix I of this notice. The petitioners provided 2016 production or U.S. shipments of the domestic like product for all supporters of the Petitions, and compared this to the estimated total production of the domestic like product for the entire domestic industry.\15\ We relied on data the petitioners provided for purposes of measuring industry support.\16\ --------------------------------------------------------------------------- \15\ See Volume I of the Petitions, at 2-3 and Exhibits GEN-3-- GEN-5; see also General Issues Supplement, at 6-8 and Exhibits GEN- SUPP-3 and GEN-SUPP-4. \16\ Id. For further discussion, see PRC CVD Initiation Checklist and India CVD Initiation Checklist, at Attachment II. --------------------------------------------------------------------------- Our review of the data provided in the Petitions, General Issues Supplement, and other information readily available to the Department indicates that the petitioners have established industry support for the Petitions.\17\ First, the Petitions established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, the Department is not required to take further action in order to evaluate industry support (e.g., [[Page 22488]] polling).\18\ Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petitions account for at least 25 percent of the total production of the domestic like product.\19\ Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petitions account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petitions.\20\ Accordingly, the Department determines that the Petitions were filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act. --------------------------------------------------------------------------- \17\ See PRC CVD Initiation Checklist and India CVD Initiation Checklist, at Attachment II. \18\ See section 702(c)(4)(D) of the Act; see also PRC CVD Initiation Checklist and India CVD Initiation Checklist, at Attachment II. \19\ See PRC CVD Initiation Checklist and India CVD Initiation Checklist, at Attachment II. \20\ Id. --------------------------------------------------------------------------- The Department finds that the petitioners filed the Petitions on behalf of the domestic industry because they are interested parties as defined in section 771(9)(C) of the Act and they have demonstrated sufficient industry support with respect to the CVD investigations that they are requesting that the Department initiate.\21\ --------------------------------------------------------------------------- \21\ Id. --------------------------------------------------------------------------- Injury Test Because India and the PRC are ``Subsidies Agreement Countries'' within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to these investigations. Accordingly, the ITC must determine whether imports of the subject merchandise from India and the PRC materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioners allege that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioners allege that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.\22\ In CVD petitions, section 771(24)(B) of the Act provides that imports of subject merchandise from developing and least developed countries must exceed the negligibility threshold of four percent. The petitioners also demonstrate that subject imports from India, which has been designated as a least developed country under section 771(36)(B) of the Act, exceed the negligibility threshold of four percent.\23\ --------------------------------------------------------------------------- \22\ See Volume I of the Petitions, at 15-16; see also General Issues Supplement, at 9 and Exhibit GEN-SUPP-5. \23\ Id. --------------------------------------------------------------------------- The petitioners contend that the industry's injured condition is illustrated by reduced market share; underselling and price suppression or depression; lost sales and revenues; decreased production, capacity utilization, and U.S. shipments; declines in employment of production- related workers, wages paid, and hours worked; and declines in financial performance.\24\ We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.\25\ --------------------------------------------------------------------------- \24\ Id., at 12-30 and Exhibits GEN-3, GEN-12 and GEN-14--GEN- 17. \25\ See PRC CVD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the People's Republic of China, the Federal Republic of Germany, India, Italy, the Republic of Korea, and Switzerland (Attachment III); and India CVD Initiation Checklist, at Attachment III. --------------------------------------------------------------------------- Initiation of CVD Investigations Based on the examination of the CVD Petitions, we find that the Petitions meet the requirements of section 702 of the Act. Therefore we are initiating CVD investigations to determine whether imports of cold- drawn mechanical tubing from the PRC and India benefit from countervailable subsidies conferred by the governments of these countries. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 days after the date of this initiation. Under the Trade Preferences Extension Act of 2015, numerous amendments to the AD and CVD laws were made.\26\ The 2015 law does not specify dates of application for those amendments. On August 6, 2015, the Department published an interpretative rule, in which it announced the applicability dates for each amendment to the Act, except for amendments contained in section 771(7) of the Act, which relate to determinations of material injury by the ITC.\27\ The amendments to sections 776 and 782 of the Act are applicable to all determinations made on or after August 6, 2015, and, therefore, apply to these CVD investigations.\28\ --------------------------------------------------------------------------- \26\ See Trade Preferences Extension Act of 2015, Public Law 114-27, 129 Stat. 362 (2015). \27\ See Dates of Application of Amendments to the Antidumping and Countervailing Duty Laws Made by the Trade Preferences Extension Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice). The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl. \28\ See Applicability Notice, 80 FR at 46794-95. --------------------------------------------------------------------------- India Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on all of the 32 alleged programs. For a full discussion of the basis for our decision to initiate on each program, see the India CVD Initiation Checklist. The PRC Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on all of the 34 alleged programs. For a full discussion of the basis for our decision to initiate on each program, see the PRC CVD Initiation Checklist. A public version of the initiation checklist for each investigation is available on ACCESS. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 days after the date of this initiation. Respondent Selection The petitioners named 39 companies as producers/exporters of cold- drawn mechanical tubing in India and 91 in the PRC.\29\ Following standard practice in CVD investigations, the Department will, where appropriate, select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of cold-drawn mechanical tubing during the POI under the appropriate Harmonized Tariff Schedule of the United States subheadings. We intend to release CBP data under Administrative Protective Order (APO) to all parties with access to information protected by APO within five business days of the announcement of the initiation of this investigation. Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications [[Page 22489]] may be found on the Department's Web site at http://enforcement.trade.gov/apo. --------------------------------------------------------------------------- \29\ See Petition, Volume I at Exhibit I-7. --------------------------------------------------------------------------- Interested parties may submit comments regarding the CBP data and respondent selection by 5:00 p.m. ET on the seventh calendar day after publication of this notice. Interested pParties wishing to submit rebuttal comments should submit those comments five calendar days after the deadline for initial comments. Comments must be filed electronically using ACCESS. An electronically-filed document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above. If respondent selection is necessary, within 20 days of publication of this notice, we intend to make our decisions regarding respondent selection based upon comments received from interested parties and our analysis of the record information. Distribution of Copies of the Petitions In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), copies of the public version of the Petitions have been provided to the GOI and GOC via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petitions to each exporter named in the Petitions, as provided under 19 CFR 351.203(c)(2). ITC Notification We will notify the ITC of our initiation, as required by section 702(d) of the Act. Preliminary Determinations by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petitions were filed, whether there is a reasonable indication that imports of cold-drawn mechanical tubing from India and the PRC are materially injuring, or threatening material injury to, a U.S. industry.\30\ A negative ITC determination will result in the investigations being terminated.\31\ Otherwise, these investigations will proceed according to statutory and regulatory time limits. --------------------------------------------------------------------------- \30\ See section 703(a)(2) of the Act. \31\ See section 703(a)(1) of the Act. --------------------------------------------------------------------------- Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the Department; and (v) evidence other than factual information described in (i)-(iv). 19 CFR 351.301(b) requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted \32\ and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.\33\ Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in these investigations. --------------------------------------------------------------------------- \32\ See 19 CFR 351.301(b). \33\ See 19 CFR 351.301(b)(2). --------------------------------------------------------------------------- Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301 expires. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimely-filed requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in these investigations. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.\34\ Parties are hereby reminded that revised certification requirements are in effect for company/government officials, as well as their representatives. Investigations initiated on the basis of petitions filed on or after August 16, 2013, and other segments of any AD or CVD proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided at the end of the Final Rule.\35\ The Department intends to reject factual submissions if the submitting party does not comply with the applicable revised certification requirements. --------------------------------------------------------------------------- \34\ See section 782(b) of the Act. \35\ See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf. --------------------------------------------------------------------------- Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to sections 702 and 777(i) of the Act. Dated: May 9, 2017. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix I Scope of the Investigations The scope of these investigations covers cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) of circular cross-section, in actual outside diameters less than 331 mm, and regardless of wall thickness, surface finish, end finish or industry specification. The subject cold-drawn mechanical tubing is a tubular product with a circular cross-sectional shape that has been cold-drawn or otherwise cold-finished after the initial tube formation in a manner that involves a change in the diameter or wall thickness of the tubing, or both. The subject cold-drawn mechanical tubing may be produced from either welded (e.g., electric resistance welded, continuous welded, etc.) or seamless (e.g., pierced, pilgered or extruded, etc.) carbon or alloy steel tubular products. It may also be heat treated after cold working. Such heat treatments may include, but are not limited to, annealing, normalizing, quenching and [[Page 22490]] tempering, stress relieving or finish annealing. Typical cold- drawing methods for subject merchandise include, but are not limited to, drawing over mandrel, rod drawing, plug drawing, sink drawing and similar processes that involve reducing the outside diameter of the tubing with a die or similar device, whether or not controlling the inside diameter of the tubing with an internal support device such as a mandrel, rod, plug or similar device. Subject cold-drawn mechanical tubing is typically certified to meet industry specifications for cold-drawn tubing including but not limited to: (1) American Society for Testing and Materials (ASTM) or American Society of Mechanical Engineers (ASME) specifications ASTM A-512, ASTM A-513 Type 3 (ASME SA513 Type 3), ASTM A-513 Type 4 (ASME SA513 Type 4), ASTM A-513 Type 5 (ASME SA513 Type 5), ASTM A- 513 Type 6 (ASME SA513 Type 6), ASTM A-519 (cold-finished); (2) SAE International (Society of Automotive Engineers) specifications SAE J524, SAE J525, SAE J2833, SAE J2614, SAE J2467, SAE J2435, SAE J2613; (3) Aerospace Material Specification (AMS) AMS T-6736 (AMS 6736), AMS 6371, AMS 5050, AMS 5075, AMS 5062, AMS 6360, AMS 6361, AMS 6362, AMS 6371, AMS 6372, AMS 6374, AMS 6381, AMS 6415; (4) United States Military Standards (MIL) MIL-T-5066 and MIL-T- 6736; (5) foreign standards equivalent to one of the previously listed ASTM, ASME, SAE, AMS or MIL specifications including but not limited to: (a) German Institute for Standardization (DIN) specifications DIN 2391-2, DIN 2393-2, DIN 2394-2); (b) European Standards (EN) EN 10305-1, EN 10305-2, EN 10305-4, EN 10305-6 and European national variations on those standards (e.g., British Standard (BS EN), Irish Standard (IS EN) and German Standard (DIN EN) variations, etc.); (c) Japanese Industrial Standard (JIS) JIS G 3441 and JIS G 3445; and (6) proprietary standards that are based on one of the above- listed standards. The subject cold-drawn mechanical tubing may also be dual or multiple certified to more than one standard. Pipe that is multiple certified as cold-drawn mechanical tubing and to other specifications not covered by this scope, is also covered by the scope of these investigations when it meets the physical description set forth above. Steel products included in the scope of these investigations are products in which: (1) Iron predominates, by weight, over each of the other contained elements; and (2) the carbon content is 2 percent or less by weight. For purposes of this scope, the place of cold-drawing determines the country of origin of the subject merchandise. Subject merchandise that is subject to minor working in a third country that occurs after drawing in one of the subject countries including, but not limited to, heat treatment, cutting to length, straightening, nondestruction testing, deburring or chamfering, remains within the scope of the investigations. All products that meet the written physical description are within the scope of these investigations unless specifically excluded or covered by the scope of an existing order. Merchandise that meets the physical description of cold-drawn mechanical tubing above is within the scope of the investigations even if it is also dual or multiple certified to an otherwise excluded specification listed below. The following products are outside of, and/or specifically excluded from, the scope of these investigations: (1) Cold-drawn stainless steel tubing, containing 10.5 percent or more of chromium by weight and not more than 1.2 percent of carbon by weight; (2) products certified to one or more of the ASTM, ASME or American Petroleum Institute (API) specifications listed below:ASTM A-53; ASTM A-106; ASTM A-179 (ASME SA 179); ASTM A-192 (ASME SA 192); ASTM A-209 (ASME SA 209); ASTM A-210 (ASME SA 210); ASTM A-213 (ASME SA 213); ASTM A-334 (ASME SA 334); ASTM A-423 (ASME SA 423); ASTM A-498; ASTM A-496 (ASME SA 496); ASTM A-199; ASTM A-500; ASTM A-556; ASTM A-565; API 5L; and API 5CT except that any cold-drawn tubing product certified to one of the above excluded specifications will not be excluded from the scope if it is also dual- or multiple-certified to any other specification that otherwise would fall within the scope of these investigations. The products subject to the investigations are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7304.31.3000, 7304.31.6050, 7304.51.1000, 7304.51.5005, 7304.51.5060, 7306.30.5015, 7306.30.5020, 7306.50.5030. Subject merchandise may also enter under numbers 7306.30.1000 and 7306.50.1000. The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of the investigations is dispositive. [FR Doc. 2017-09869 Filed 5-15-17; 8:45 am] BILLING CODE 3510-DS-P
![22486 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices
Department will instruct CBP The petitioners are domestic producers industry support with respect to the
accordingly. of cold-drawn mechanical tubing.2 initiation of the CVD investigations that
On April 24, 2017, the Department the petitioners are requesting.5
Notification to Interested Parties requested supplemental information
This notice is issued and published in pertaining to certain areas of the Periods of Investigation
accordance with sections 516A(e)(1), Petitions.3 The petitioners filed Because the Petitions were filed on
751(a)(1), and 777(i)(1) of the Act. responses to these requests on April 28, April 19, 2017, the period of
Dated: May 10, 2017. 2017.4 investigation is January 1, 2016, through
Ronald K. Lorentzen,
In accordance with section 702(b)(1) December 31, 2016.
of the Tariff Act of 1930, as amended
Acting Assistant Secretary for Enforcement
(the Act), the petitioners allege that the Scope of the Investigations
and Compliance.
Governments of India (GOI) and the PRC The product covered by these
[FR Doc. 2017–09871 Filed 5–15–17; 8:45 a.m.]
(GOC) are providing countervailable investigations is cold-drawn mechanical
BILLING CODE 3510–DS–P
subsidies, within the meaning of tubing from India and the PRC. For a
sections 701 and 771(5) of the Act, to full description of the scope of these
imports of cold-drawn mechanical investigations, see the ‘‘Scope of the
DEPARTMENT OF COMMERCE
tubing from India and the PRC, Investigations,’’ in Appendix I of this
International Trade Administration respectively, and that such imports are notice.
materially injuring the domestic
[C–533–874; C–570–059] Comments on Scope of the
industry producing cold-drawn
Investigations
mechanical tubing in the United States.
Certain Cold-Drawn Mechanical Tubing During our review of the Petitions, the
Also, consistent with section 702(b)(1)
of Carbon and Alloy Steel From India Department issued questions to, and
of the Act, for those alleged programs on
and the People’s Republic of China: received responses from, the petitioners
which we are initiating a CVD
Initiation of Countervailing Duty pertaining to the proposed scope to
investigation, the Petitions are
Investigations ensure that the scope language in the
accompanied by information reasonably
AGENCY: Enforcement and Compliance, available to the petitioners supporting Petitions would be an accurate
International Trade Administration, their allegations. reflection of the products for which the
Department of Commerce. The Department finds that the domestic industry is seeking relief.6
DATES: Effective May 9, 2017. petitioners filed these Petitions on As discussed in the preamble to the
FOR FURTHER INFORMATION CONTACT: Elfie
behalf of the domestic industry because Department’s regulations, we are setting
Blum at (202) 482–0197 (India); Yasmin the petitioners are interested parties as aside a period for interested parties to
Bordas at (202) 482–3813 (the People’s defined in section 771(9)(C) of the Act. raise issues regarding product coverage
Republic of China), AD/CVD The Department also finds that the (scope).7 The Department will consider
Operations, Enforcement and petitioners demonstrated sufficient all comments received from interested
Compliance, International Trade parties and, if necessary, will consult
Administration, U.S. Department of Countervailing Duties,’’ dated April 19, 2017 (the with the interested parties prior to the
Petitions). issuance of the preliminary
Commerce, 1401 Constitution Avenue 2 Id., Volume I of the Petitions, at 2.
NW., Washington, DC 20230. 3 See Letter from the Department, ‘‘Petition for the
determinations. If scope comments
Imposition of Countervailing Duties on Imports of
include factual information (see 19 CFR
SUPPLEMENTARY INFORMATION:
Certain Cold-Drawn Mechanical Tubing of Carbon 351.102(b)(21)) all such factual
The Petitions and Alloy Steel from India: Supplemental information should be limited to public
Questions,’’ dated April 24, 2017 (India CVD information. To facilitate preparation of
On April 19, 2017, the U.S. Supplemental Questionnaire); see also Letter from
Department of Commerce (the the Department, ‘‘Petitions for the Imposition of
its questionnaires, the Department
Department) received countervailing Antidumping and Countervailing Duties on Imports requests all interested parties to submit
duty (CVD) Petitions concerning of Certain Cold-Drawn Mechanical Tubing of such comments by 5:00 p.m. Eastern
Carbon and Alloy Steel from the People’s Republic Time (ET) on Tuesday, May 30, 2017,
imports of certain cold-drawn of China, the Federal Republic of Germany, India,
mechanical tubing of carbon and alloy Italy, the Republic of Korea, and Switzerland:
which is 20 calendar days from the
steel (cold-drawn mechanical tubing) Supplemental Questions,’’ dated April 24, 2017 signature date of this notice.8 Any
from India and the People’s Republic of (General Issues Supplemental Questionnaire); see rebuttal comments, which may include
also Letter from the Department ‘‘Petition for the factual information, must be filed by
China (the PRC), filed in proper form on Imposition of Countervailing Duties on Imports of
behalf of ArcelorMittal Tubular Certain Cold-Drawn Mechanical Tubing of Carbon
5:00 p.m. ET on Thursday, June 8, 2017,
Products; Michigan Seamless Tube, and Alloy Steel from the PRC: Supplemental which is 10 calendar days from the
LLC; PTC Alliance Corp.; Webco Questions,’’ dated April 24, 2017 (PRC CVD initial comments deadline.9
Supplemental Questionnaire). The Department requests that any
Industries, Inc.; and Zekelman 4 See Letter from the petitioners, ‘‘Certain Cold-
Industries, Inc. (collectively, the factual information the parties consider
Drawn Mechanical Tubing of Carbon and Alloy
petitioners). The CVD Petitions were Steel from India—Petitioners’ Response to relevant to the scope of the
accompanied by antidumping duty (AD) Supplemental Questionnaire Concerning investigations be submitted during this
Petitions concerning imports of cold-
Countervailing Duty Petition,’’ dated April 28, 2017 time period. However, if a party
(India CVD Supplement); see also Letter from the
drawn mechanical tubing from each of petitioners, ‘‘Certain Cold-Drawn Mechanical 5 See ‘‘Determination of Industry Support for the
the above countries, in addition to Italy, Tubing of Carbon and Alloy Steel from India—
sradovich on DSK3GMQ082PROD with NOTICES
Petition’’ section, below.
Switzerland, the Federal Republic of Petitioners’ Amendment to Volume I Relating to 6 See General Issues Supplemental Questionnaire;
General Issues,’’ dated April 28, 2017 (General
Germany, and the Republic of Korea.1 Issues Supplement); see also Letter from see also General Issues Supplement.
7 See Antidumping Duties; Countervailing Duties;
Petitioners, ‘‘Certain Cold-Drawn Mechanical
1 See ‘‘Certain Cold-Drawn Mechanical Tubing Of Tubing of Carbon and Alloy Steel from the People’s Final Rule, 62 FR 27296, 27323 (May 19, 1997).
8 The twenty-day deadline falls on May 29, 2017,
Carbon And Alloy Steel from the People’s Republic Republic of China—Petitioners’ Response to
Of China, the Federal Republic of Germany, India, Supplemental Questionnaire Concerning a federal holiday; accordingly, our due date will be
Italy, the Republic of Korea, and Switzerland— Countervailing Duty Petition,’’ dated April 28, 2017 on the next business day.
Petitions for the Imposition of Antidumping and (PRC CVD Supplement). 9 See 19 CFR 351.303(b).
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![22490 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Notices
tempering, stress relieving or finish investigations unless specifically excluded or FOR FURTHER INFORMATION CONTACT:
annealing. Typical cold-drawing methods for covered by the scope of an existing order. Katherine Johnson at (202) 482–4929
subject merchandise include, but are not Merchandise that meets the physical (Australia and Brazil); and Terre Keaton
limited to, drawing over mandrel, rod description of cold-drawn mechanical tubing at (202) 482–1280 (Kazakhstan), AD/
drawing, plug drawing, sink drawing and above is within the scope of the
similar processes that involve reducing the investigations even if it is also dual or
CVD Operations, Enforcement and
outside diameter of the tubing with a die or multiple certified to an otherwise excluded Compliance, International Trade
similar device, whether or not controlling the specification listed below. The following Administration, U.S. Department of
inside diameter of the tubing with an internal products are outside of, and/or specifically Commerce, 1401 Constitution Avenue
support device such as a mandrel, rod, plug excluded from, the scope of these NW., Washington, DC 20230.
or similar device. investigations: SUPPLEMENTARY INFORMATION:
Subject cold-drawn mechanical tubing is (1) Cold-drawn stainless steel tubing,
typically certified to meet industry containing 10.5 percent or more of chromium Background
specifications for cold-drawn tubing by weight and not more than 1.2 percent of On March 28, 2017, the Department of
including but not limited to: carbon by weight;
(1) American Society for Testing and
Commerce (Department) initiated
(2) products certified to one or more of the
Materials (ASTM) or American Society of countervailing duty investigations
ASTM, ASME or American Petroleum
Mechanical Engineers (ASME) specifications Institute (API) specifications listed below: (CVD) on silicon metal from Australia,
ASTM A–512, ASTM A–513 Type 3 (ASME Brazil, and Kazakhstan.1 Currently, the
• ASTM A–53;
SA513 Type 3), ASTM A–513 Type 4 (ASME • ASTM A–106;
preliminary determinations of these
SA513 Type 4), ASTM A–513 Type 5 (ASME investigations are due no later than June
• ASTM A–179 (ASME SA 179);
SA513 Type 5), ASTM A–513 Type 6 (ASME 1, 2017.
• ASTM A–192 (ASME SA 192);
SA513 Type 6), ASTM A–519 (cold-finished);
• ASTM A–209 (ASME SA 209); Postponement of Preliminary
(2) SAE International (Society of
• ASTM A–210 (ASME SA 210);
Automotive Engineers) specifications SAE Determination
• ASTM A–213 (ASME SA 213);
J524, SAE J525, SAE J2833, SAE J2614, SAE
• ASTM A–334 (ASME SA 334); Section 703(b)(1) of the Tariff Act of
J2467, SAE J2435, SAE J2613;
• ASTM A–423 (ASME SA 423); 1930, as amended (the Act), requires the
(3) Aerospace Material Specification (AMS)
• ASTM A–498; Department to issue the preliminary
AMS T–6736 (AMS 6736), AMS 6371, AMS
• ASTM A–496 (ASME SA 496); determination in a CVD investigation
5050, AMS 5075, AMS 5062, AMS 6360,
• ASTM A–199; within 65 days after the date on which
AMS 6361, AMS 6362, AMS 6371, AMS
• ASTM A–500;
6372, AMS 6374, AMS 6381, AMS 6415; the Department initiated the
• ASTM A–556;
(4) United States Military Standards (MIL)
• ASTM A–565; investigation. However, if the petitioner
MIL–T–5066 and MIL–T–6736; makes a timely request for a
• API 5L; and
(5) foreign standards equivalent to one of postponement, section 703(c)(1)(A) of
• API 5CT
the previously listed ASTM, ASME, SAE, the Act allows the Department to
AMS or MIL specifications including but not except that any cold-drawn tubing product
certified to one of the above excluded postpone making the preliminary
limited to:
(a) German Institute for Standardization specifications will not be excluded from the determination until no later than 130
(DIN) specifications DIN 2391–2, DIN 2393– scope if it is also dual- or multiple-certified days after the date on which the
2, DIN 2394–2); to any other specification that otherwise Department initiated the investigation.
(b) European Standards (EN) EN 10305–1, would fall within the scope of these On May 2, 2017, the petitioner 2
EN 10305–2, EN 10305–4, EN 10305–6 and investigations. submitted timely requests, pursuant to
European national variations on those The products subject to the investigations section 703(c)(1)(A) of the Act and 19
standards (e.g., British Standard (BS EN), are currently classified in the Harmonized CFR 351.205(e), to postpone the
Irish Standard (IS EN) and German Standard Tariff Schedule of the United States (HTSUS)
under item numbers: 7304.31.3000,
preliminary determinations.3 For the
(DIN EN) variations, etc.); reasons stated above and because there
(c) Japanese Industrial Standard (JIS) JIS G 7304.31.6050, 7304.51.1000, 7304.51.5005,
7304.51.5060, 7306.30.5015, 7306.30.5020, are no compelling reasons to deny the
3441 and JIS G 3445; and
(6) proprietary standards that are based on 7306.50.5030. Subject merchandise may also requests, the Department, in accordance
one of the above-listed standards. enter under numbers 7306.30.1000 and with section 703(c)(1)(A) of the Act, is
The subject cold-drawn mechanical tubing 7306.50.1000. The HTSUS subheadings postponing the deadline for the
may also be dual or multiple certified to above are provided for convenience and preliminary determinations to no later
more than one standard. Pipe that is multiple customs purposes only. The written than 130 days after the day on which
certified as cold-drawn mechanical tubing description of the scope of the investigations the investigations were initiated.
and to other specifications not covered by is dispositive.
Accordingly, the Department will issue
this scope, is also covered by the scope of [FR Doc. 2017–09869 Filed 5–15–17; 8:45 am] the preliminary determinations no later
these investigations when it meets the BILLING CODE 3510–DS–P than August 5, 2017. However, because
physical description set forth above.
Steel products included in the scope of
August 5, 2017, falls on a Saturday, the
these investigations are products in which: preliminary determinations will be due
DEPARTMENT OF COMMERCE no later than August 7, 2017.4 In
(1) Iron predominates, by weight, over each
of the other contained elements; and (2) the accordance with section 705(a)(1) of the
International Trade Administration
carbon content is 2 percent or less by weight.
For purposes of this scope, the place of [C–602–811, C–351–851, C–834–808]
1 See Silicon Metal from Australia, Brazil, and
cold-drawing determines the country of Kazakhstan: Initiation of Countervailing Duty
origin of the subject merchandise. Subject Investigations, 82 FR 16356 (April 4, 2017).
Silicon Metal From Australia, Brazil, 2 Globe Specialty Metals, Inc.
merchandise that is subject to minor working
sradovich on DSK3GMQ082PROD with NOTICES
and Kazakhstan: Postponement of 3 See letters from the petitioner entitled ‘‘Silicon
in a third country that occurs after drawing
in one of the subject countries including, but Preliminary Determinations of Metal from Australia, Brazil, and Kazakhstan;
not limited to, heat treatment, cutting to Countervailing Duty Investigations Countervailing Duty Investigations; Request for
Postponement of Preliminary Determinations,’’
length, straightening, nondestruction testing,
AGENCY: Enforcement and Compliance, dated May 2, 2017.
deburring or chamfering, remains within the 4 See Notice of Clarification: Application of ‘‘Next
scope of the investigations. International Trade Administration,
Business Day’’ Rule for Administrative
All products that meet the written physical Department of Commerce. Determination Deadlines Pursuant to the Tariff Act
description are within the scope of these DATES: Effective May 16, 2017. of 1930, As Amended, 70 FR 24533 (May 10, 2005).
VerDate Sep<11>2014 16:42 May 15, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\16MYN1.SGM 16MYN1](https://thefederalregister.org/doc/82_FR_22579/page/5.svg)
Document Created: 2017-05-16 13:52:42
Document Modified: 2017-05-16 13:52:42
| 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 May 9, 2017. | |
| Contact | Elfie Blum at (202) 482-0197 (India); Yasmin Bordas at (202) 482-3813 (the People's Republic of China), AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. | |
| FR Citation | 82 FR 22486 |
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