82_FR_44742 82 FR 44558 - Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Preliminary Affirmative Countervailing Duty Determination

82 FR 44558 - Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Preliminary Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 184 (September 25, 2017)

Page Range44558-44560
FR Document2017-20412

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from India. The period of investigation is April 1, 2016, through March 31, 2017.

Federal Register, Volume 82 Issue 184 (Monday, September 25, 2017)
[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Notices]
[Pages 44558-44560]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20412]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-874]


Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel 
From India: Preliminary Affirmative Countervailing Duty Determination

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of certain cold-drawn mechanical tubing of 
carbon and alloy steel (cold-drawn mechanical tubing) from India. The 
period of investigation is April 1, 2016, through March 31, 2017.

DATES: Applied September 25, 2017.

FOR FURTHER INFORMATION CONTACT: Ryan Mullen or Carrie Bethea, AD/CVD 
Operations, Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-5260 or (202) 482-1491, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). The Department 
published the notice of initiation of this investigation on May 16, 
2017.\1\ On June 19, 2017, the Department postponed the preliminary 
determination of this investigation and the revised deadline is now 
September 18, 2017.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary

[[Page 44559]]

Decision Memorandum.\3\ A list of topics discussed in the Preliminary 
Decision Memorandum is included as Appendix II 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 http://access.trade.gov, and 
is available to all parties in the Central Records Unit, Room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
---------------------------------------------------------------------------

    \1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel from India and the People's Republic of China: Initiation of 
Countervailing Duty Investigations, 82 FR 22486 (May 16, 2017) 
(Initiation Notice).
    \2\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel from India and the People's Republic of China: Postponement of 
Preliminary Determination in the Countervailing Duty Investigations, 
82 FR 28641 (June 23, 2017).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination of the Countervailing Duty Investigation of Certain 
Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is cold-drawn mechanical 
tubing from India. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to the Department's regulations,\4\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage, (i.e., scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. The Department intends to issue its preliminary 
decision regarding comments concerning the scope of the AD and CVD 
investigations in the preliminary determination of the companion AD 
investigation.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, the Department preliminarily determines that there is 
a subsidy, i.e., a financial contribution by an ``authority'' that 
gives rise to a benefit to the recipient, and that the subsidy is 
specific.\6\
---------------------------------------------------------------------------

    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Facts Otherwise Available

    The Department relied, in part, on facts otherwise available on the 
record in making its determinations, pursuant to section 776(a)(1) and 
776(a)(2)(A)(B) & (C) of the Act, because the Government of India 
withheld necessary information which had been requested by the 
Department, thereby significantly impeding the proceeding. Furthermore, 
because the Government of India failed to act to the best of its 
ability in providing information requested for 11 subsidy programs, the 
Department drew an adverse inference where appropriate in selecting 
from among the facts otherwise available.\7\ For further information, 
see ``Use of Facts Otherwise Available and Adverse Inferences'' in the 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \7\ See section 776(b) of the Act.
---------------------------------------------------------------------------

All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, the Department shall determine an estimated 
all-others rate for companies not individually examined. This rate 
shall be an amount equal to the weighted average of the estimated 
subsidy rates established for those companies individually examined, 
excluding any zero and de minimis rates and any rates based entirely 
under section 776 of the Act.
    In this investigation, the Department calculated individual 
estimated countervailable subsidy rates for Goodluck India Limited 
(Goodluck) and Tube Investments of India Limited (Tube Investments) 
that are not zero, de minimis, or based entirely on facts otherwise 
available. The Department calculated the all-others rate using a 
weighted average of the individual estimated subsidy rates calculated 
for the examined respondents using each company's publicly-ranged 
values for the merchandise under consideration.\8\
---------------------------------------------------------------------------

    \8\ With two respondents under examination, the Department 
normally calculates (A) a weighted-average of the estimated subsidy 
rates calculated for the examined respondents; (B) a simple average 
of the estimated subsidy rates calculated for the examined 
respondents; and (C) a weighted-average of the estimated subsidy 
rates calculated for the examined respondents using each company's 
publicly-ranged U.S. sale quantities for the merchandise under 
consideration. The Department then compares (B) and (C) to (A) and 
selects the rate closest to (A) as the most appropriate rate for all 
other producers and exporters. See, e.g., Ball Bearings and Parts 
Thereof from France, Germany, Italy, Japan, and the United Kingdom: 
Final Results of Antidumping Duty Administrative Reviews, Final 
Results of Changed-Circumstances Review, and Revocation of an Order 
in Part, 75 FR 53661, 53663 (September 1, 2010). As complete 
publicly ranged sales data were available, the Department based the 
all-others rate on the publicly ranged sales data of the mandatory 
respondents. For a complete analysis of the data, please see the 
All-Others Rate Calculation Memorandum.
---------------------------------------------------------------------------

Preliminary Determination

    The Department preliminarily determines that the following 
estimated countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                              rate (%)
------------------------------------------------------------------------
Goodluck India Limited.......................................       8.09
Tube Investments of India Limited............................       3.04
All-Others...................................................       5.99
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), 
the Department will instruct CBP to require a cash deposit equal to the 
rates indicated above.

Disclosure

    The Department intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, the Department intends 
to verify the information relied upon in making its final 
determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\9\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a

[[Page 44560]]

hearing, limited to issues raised in the case and rebuttal briefs, must 
submit a written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce within 30 days after the date 
of publication of this notice. Requests should contain the party's 
name, address, and telephone number, the number of participants, 
whether any participant is a foreign national, and a list of the issues 
to be discussed. If a request for a hearing is made, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230, at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, the Department will 
notify the International Trade Commission (ITC) of its determination. 
If the final determination is affirmative, the ITC will determine 
before the later of 120 days after the date of this preliminary 
determination or 45 days after the final determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: September 18, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The scope of this investigation 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 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 this investigation when it meets the physical description 
set forth above.
    Steel products included in the scope of this investigation 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 investigation.
    All products that meet the written physical description are 
within the scope of this investigation 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 investigation 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 the investigation:
    (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 the investigation.
    The products subject to the investigation 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 investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Subsidies Valuation
VII. Benchmarks and Interest Rates
VIII. Use of Facts Otherwise Available
IX. Analysis of Programs
X. Calculation of the All-Others Rate
XI. ITC Notification
XII. Disclosure and Public Comment
XIII. Verification
XIV. Conclusion

 [FR Doc. 2017-20412 Filed 9-22-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    44558                     Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices

                                                    connections (air intake/exhaust transfer/                 For further information, contact Diane                 For further information, contact
                                                    fuel block/turbo oil drain/water inlet/                 Finver at Diane.Finver@trade.gov or                   Camille Evans at Camille.Evans@
                                                    water outlet/water transfer/injector fuel               (202) 482–1367.                                       trade.gov or (202) 482–2350.
                                                    supply); electronic control coolers; oil                  Dated: September 20, 2017.                            Dated: September 20, 2017.
                                                    coolers; covers (access hole/hand hole/                 Andrew McGilvray,                                     Andrew McGilvray,
                                                    rocker lever/starter flange); valve
                                                                                                            Executive Secretary.                                  Executive Secretary.
                                                    crossheads; viscous vibration dampers;
                                                                                                            [FR Doc. 2017–20403 Filed 9–22–17; 8:45 am]           [FR Doc. 2017–20402 Filed 9–22–17; 8:45 am]
                                                    steel and rubber gaskets (accessory drive
                                                    support//carrier/cover plate/cylinder                   BILLING CODE 3510–DS–P                                BILLING CODE 3510–DS–P

                                                    head/gear housing/oil pan/oil transfer
                                                    connection/thermostat housing); gears
                                                                                                            DEPARTMENT OF COMMERCE                                DEPARTMENT OF COMMERCE
                                                    (camshaft/flywheel ring/hydraulic
                                                    pump/idler); electronic control module                  Foreign-Trade Zones Board                             International Trade Administration
                                                    wiring harnesses; wiring harnesses;
                                                    corrosion resistor heads; fuel filter                                                                         [C–533–874]
                                                                                                            [S–147–2017]
                                                    heads; lubricating oil filter heads; intake
                                                    air heaters; silicone rubber hump hoses;                                                                      Certain Cold-Drawn Mechanical Tubing
                                                                                                            Foreign-Trade Zone 61—San Juan,                       of Carbon and Alloy Steel From India:
                                                    silicone rubber hoses; housings                         Puerto Rico; Application for Subzone;
                                                    (flywheel/gear/oil cooler/rocker lever/                                                                       Preliminary Affirmative Countervailing
                                                                                                            Plaza Warehousing & Realty                            Duty Determination
                                                    thermostat/thermostat top level                         Corporation; Caguas, Puerto Rico
                                                    assembly); levers (cam follower/rocker/                                                                       AGENCY:  Enforcement and Compliance,
                                                    rocker top level assembly); adjusting                      An application has been submitted to               International Trade Administration,
                                                    links; air manifolds; exhaust manifolds;                the Foreign-Trade Zones Board (the                    Department of Commerce.
                                                    fuel drain manifolds; ignition control                  Board) by the Puerto Rico Trade and                   SUMMARY: The Department of Commerce
                                                    modules; oil pans; steel air inlet pipes;               Export Company, grantee of FTZ 61,                    (the Department) preliminarily
                                                    exhaust outlet pipes; plates (clamping/                 requesting subzone status for the facility            determines that countervailable
                                                    cooler/cover); flanged o-ring plugs;                    of Plaza Warehousing & Realty                         subsidies are being provided to
                                                    threaded plugs; pulleys (accessory                      Corporation located in Caguas, Puerto                 producers and exporters of certain cold-
                                                    drive/alternator/crankshaft/idler);                     Rico. The application was submitted                   drawn mechanical tubing of carbon and
                                                    pumps (fuel transfer/lubricating oil/                   pursuant to the provisions of the                     alloy steel (cold-drawn mechanical
                                                    water); injector fuel support connector                 Foreign-Trade Zones Act, as amended                   tubing) from India. The period of
                                                    retainers; engine connecting rods; push                 (19 U.S.C. 81a–81u), and the regulations              investigation is April 1, 2016, through
                                                    rods; valve rotators; rubber corrosion                  of the Board (15 CFR part 400). It was                March 31, 2017.
                                                    resistor seals; rubber seals (flywheel                  formally docketed on September 20,
                                                                                                                                                                  DATES: Applied September 25, 2017.
                                                    housing/front cover/gear housing/oil                    2017.
                                                    cooler housing/oil filter head/rocker                                                                         FOR FURTHER INFORMATION CONTACT:
                                                                                                               The proposed subzone (15.5 acres) is
                                                    level housing); sensors (engine speed/                  located at Road #1, Km. 27.9, Barrio Rı́o             Ryan Mullen or Carrie Bethea, AD/CVD
                                                    humidity/position); shafts (gar accessory               Cañas, Caguas, Puerto Rico. No                       Operations, Office V, Enforcement and
                                                    drive/cam follower/idler/rocker lever);                 authorization for production activity has             Compliance, International Trade
                                                    steel injector sleeves; aluminum/steel/                 been requested at this time. The                      Administration, U.S. Department of
                                                    nylon spacers; cylinder block stiffeners;               proposed subzone would be subject to                  Commerce, 1401 Constitution Avenue
                                                    steel/aluminum/cast iron supports                       the existing activation limit of FTZ 61.              NW., Washington, DC 20230; telephone:
                                                    (accessory/air compressor/alternator/                      In accordance with the Board’s                     (202) 482–5260 or (202) 482–1491,
                                                    breather/camshaft/exhaust/recirculation                 regulations, Camille Evans of the FTZ                 respectively.
                                                    cooler/front engine/fuel pump/rocker                    Staff is designated examiner to review                SUPPLEMENTARY INFORMATION:
                                                    lever/thermostat housing); temperature                  the application and make
                                                    switches; steel tubes (compressor air                                                                         Background
                                                                                                            recommendations to the Executive
                                                    inlet/injector fuel supply/lubricating oil              Secretary.                                               This preliminary determination is
                                                    suction/oil gauge/vent); turbocharger;                     Public comment is invited from                     made in accordance with section 703(b)
                                                    solenoid valves; and, aluminum exhaust                  interested parties. Submissions shall be              of the Tariff Act of 1930, as amended
                                                    gas recirculation venturi (duty rates                   addressed to the Board’s Executive                    (the Act). The Department published the
                                                    range from free to 4.7%).                               Secretary at the address below. The                   notice of initiation of this investigation
                                                       Public comment is invited from                       closing period for their receipt is                   on May 16, 2017.1 On June 19, 2017, the
                                                    interested parties. Submissions shall be                November 6, 2017. Rebuttal comments                   Department postponed the preliminary
                                                    addressed to the Board’s Executive                      in response to material submitted                     determination of this investigation and
                                                    Secretary at the address below. The                     during the foregoing period may be                    the revised deadline is now September
                                                    closing period for their receipt is                     submitted during the subsequent 15-day                18, 2017.2 For a complete description of
                                                    November 6, 2017.                                       period to November 20, 2017.                          the events that followed the initiation of
                                                       A copy of the notification will be                      A copy of the application will be                  this investigation, see the Preliminary
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    available for public inspection at the                  available for public inspection at the
                                                                                                                                                                     1 See Certain Cold-Drawn Mechanical Tubing of
                                                    Office of the Executive Secretary,                      Office of the Executive Secretary,
                                                                                                                                                                  Carbon and Alloy Steel from India and the People’s
                                                    Foreign-Trade Zones Board, Room                         Foreign-Trade Zones Board, Room                       Republic of China: Initiation of Countervailing Duty
                                                    21013, U.S. Department of Commerce,                     21013, U.S. Department of Commerce,                   Investigations, 82 FR 22486 (May 16, 2017)
                                                    1401 Constitution Avenue NW.,                           1401 Constitution Avenue NW.,                         (Initiation Notice).
                                                                                                                                                                     2 See Certain Cold-Drawn Mechanical Tubing of
                                                    Washington, DC 20230–0002, and in the                   Washington, DC 20230–0002, and in the
                                                                                                                                                                  Carbon and Alloy Steel from India and the People’s
                                                    ‘‘Reading Room’’ section of the Board’s                 ‘‘Reading Room’’ section of the Board’s               Republic of China: Postponement of Preliminary
                                                    Web site, which is accessible via                       Web site, which is accessible via                     Determination in the Countervailing Duty
                                                    www.trade.gov/ftz.                                      www.trade.gov/ftz.                                    Investigations, 82 FR 28641 (June 23, 2017).



                                               VerDate Sep<11>2014   19:45 Sep 22, 2017   Jkt 241001   PO 00000   Frm 00004   Fmt 4703   Sfmt 4703   E:\FR\FM\25SEN1.SGM   25SEN1


                                                                               Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices                                                               44559

                                                    Decision Memorandum.3 A list of topics                  Facts Otherwise Available                               Preliminary Determination
                                                    discussed in the Preliminary Decision                     The Department relied, in part, on                      The Department preliminarily
                                                    Memorandum is included as Appendix                      facts otherwise available on the record                 determines that the following estimated
                                                    II to this notice. The Preliminary                      in making its determinations, pursuant                  countervailable subsidy rates exist:
                                                    Decision Memorandum is a public                         to section 776(a)(1) and 776(a)(2)(A)(B)
                                                    document and is on file electronically                  & (C) of the Act, because the                                                                               Subsidy
                                                    via Enforcement and Compliance’s                        Government of India withheld necessary                                   Company                             rate
                                                    Antidumping and Countervailing Duty                                                                                                                                   (%)
                                                                                                            information which had been requested
                                                    Centralized Electronic Service System                   by the Department, thereby significantly                Goodluck India Limited .................                8.09
                                                    (ACCESS). ACCESS is available to                        impeding the proceeding. Furthermore,                   Tube Investments of India Limited                       3.04
                                                    registered users at http://                             because the Government of India failed                  All-Others ......................................       5.99
                                                    access.trade.gov, and is available to all               to act to the best of its ability in
                                                    parties in the Central Records Unit,                    providing information requested for 11                  Suspension of Liquidation
                                                    Room B8024 of the main Department of                    subsidy programs, the Department drew                      In accordance with section
                                                    Commerce building. In addition, a                       an adverse inference where appropriate                  703(d)(1)(B) and (d)(2) of the Act, the
                                                    complete version of the Preliminary                     in selecting from among the facts                       Department will direct U.S. Customs
                                                    Decision Memorandum can be accessed                     otherwise available.7 For further                       and Border Protection (CBP) to suspend
                                                    directly at http://enforcement.trade.gov/               information, see ‘‘Use of Facts                         liquidation of entries of subject
                                                    frn/. The signed and electronic versions                Otherwise Available and Adverse                         merchandise as described in the scope
                                                    of the Preliminary Decision                             Inferences’’ in the Preliminary Decision                of the investigation section entered, or
                                                    Memorandum are identical in content.                    Memorandum.                                             withdrawn from warehouse, for
                                                    Scope of the Investigation                              All-Others Rate                                         consumption on or after the date of
                                                                                                              Sections 703(d) and 705(c)(5)(A) of                   publication of this notice in the Federal
                                                      The product covered by this                           the Act provide that in the preliminary                 Register. Further, pursuant to 19 CFR
                                                    investigation is cold-drawn mechanical                  determination, the Department shall                     351.205(d), the Department will instruct
                                                    tubing from India. For a complete                       determine an estimated all-others rate                  CBP to require a cash deposit equal to
                                                    description of the scope of this                        for companies not individually                          the rates indicated above.
                                                    investigation, see Appendix I.                          examined. This rate shall be an amount                  Disclosure
                                                    Scope Comments                                          equal to the weighted average of the                       The Department intends to disclose
                                                                                                            estimated subsidy rates established for                 its calculations and analysis performed
                                                      In accordance with the preamble to                    those companies individually                            to interested parties in this preliminary
                                                    the Department’s regulations,4 the                      examined, excluding any zero and de                     determination within five days of its
                                                    Initiation Notice set aside a period of                 minimis rates and any rates based                       public announcement, or if there is no
                                                    time for parties to raise issues regarding              entirely under section 776 of the Act.                  public announcement, within five days
                                                    product coverage, (i.e., scope).5 Certain                 In this investigation, the Department
                                                                                                                                                                    of the date of this notice in accordance
                                                    interested parties commented on the                     calculated individual estimated
                                                                                                                                                                    with 19 CFR 351.224(b).
                                                    scope of the investigation as it appeared               countervailable subsidy rates for
                                                    in the Initiation Notice. The Department                Goodluck India Limited (Goodluck) and                   Verification
                                                    intends to issue its preliminary decision               Tube Investments of India Limited                          As provided in section 782(i)(1) of the
                                                    regarding comments concerning the                       (Tube Investments) that are not zero, de                Act, the Department intends to verify
                                                    scope of the AD and CVD investigations                  minimis, or based entirely on facts                     the information relied upon in making
                                                    in the preliminary determination of the                 otherwise available. The Department                     its final determination.
                                                    companion AD investigation.                             calculated the all-others rate using a
                                                                                                            weighted average of the individual                      Public Comment
                                                    Methodology                                             estimated subsidy rates calculated for                     Case briefs or other written comments
                                                                                                            the examined respondents using each                     may be submitted to the Assistant
                                                      The Department is conducting this                     company’s publicly-ranged values for                    Secretary for Enforcement and
                                                    investigation in accordance with section                the merchandise under consideration.8                   Compliance no later than seven days
                                                    701 of the Act. For each of the subsidy
                                                                                                                                                                    after the date on which the last
                                                    programs found countervailable, the                       7 See  section 776(b) of the Act.                     verification report is issued in this
                                                    Department preliminarily determines                       8 With  two respondents under examination, the        investigation. Rebuttal briefs, limited to
                                                    that there is a subsidy, i.e., a financial              Department normally calculates (A) a weighted-
                                                                                                                                                                    issues raised in case briefs, may be
                                                                                                            average of the estimated subsidy rates calculated for
                                                    contribution by an ‘‘authority’’ that                   the examined respondents; (B) a simple average of       submitted no later than five days after
                                                    gives rise to a benefit to the recipient,               the estimated subsidy rates calculated for the          the deadline date for case briefs.9
                                                    and that the subsidy is specific.6                      examined respondents; and (C) a weighted-average
                                                                                                                                                                    Pursuant to 19 CFR 351.309(c)(2) and
                                                                                                            of the estimated subsidy rates calculated for the
                                                                                                            examined respondents using each company’s               (d)(2), parties who submit case briefs or
                                                      3 See Memorandum, ‘‘Decision Memorandum for
                                                                                                            publicly-ranged U.S. sale quantities for the            rebuttal briefs in this investigation are
                                                    the Preliminary Determination of the                    merchandise under consideration. The Department
                                                    Countervailing Duty Investigation of Certain Cold-                                                              encouraged to submit with each
                                                                                                            then compares (B) and (C) to (A) and selects the rate
                                                    Drawn Mechanical Tubing of Carbon and Alloy                                                                     argument: (1) A statement of the issue;
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                                                                                                            closest to (A) as the most appropriate rate for all
                                                    Steel from India,’’ dated concurrently with, and        other producers and exporters. See, e.g., Ball          (2) a brief summary of the argument;
                                                    hereby adopted by, this notice (Preliminary             Bearings and Parts Thereof from France, Germany,        and (3) a table of authorities.
                                                    Decision Memorandum).
                                                      4 See Antidumping Duties; Countervailing Duties,
                                                                                                            Italy, Japan, and the United Kingdom: Final Results        Pursuant to 19 CFR 351.310(c),
                                                                                                            of Antidumping Duty Administrative Reviews, Final       interested parties who wish to request a
                                                    Final Rule, 62 FR 27296, 27323 (May 19, 1997).          Results of Changed-Circumstances Review, and
                                                      5 See Initiation Notice.
                                                                                                            Revocation of an Order in Part, 75 FR 53661, 53663
                                                      6 See sections 771(5)(B) and (D) of the Act           (September 1, 2010). As complete publicly ranged        of the data, please see the All-Others Rate
                                                    regarding financial contribution; section 771(5)(E)     sales data were available, the Department based the     Calculation Memorandum.
                                                    of the Act regarding benefit; and section 771(5A) of    all-others rate on the publicly ranged sales data of       9 See 19 CFR 351.309; see also 19 CFR 351.303

                                                    the Act regarding specificity.                          the mandatory respondents. For a complete analysis      (for general filing requirements).



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                                                    44560                     Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Notices

                                                    hearing, limited to issues raised in the                tempering, stress relieving or finish                 investigation unless specifically excluded or
                                                    case and rebuttal briefs, must submit a                 annealing. Typical cold-drawing methods for           covered by the scope of an existing order.
                                                    written request to the Assistant                        subject merchandise include, but are not              Merchandise that meets the physical
                                                                                                            limited to, drawing over mandrel, rod                 description of cold-drawn mechanical tubing
                                                    Secretary for Enforcement and
                                                                                                            drawing, plug drawing, sink drawing and               above is within the scope of the investigation
                                                    Compliance, U.S. Department of                          similar processes that involve reducing the           even if it is also dual or multiple certified to
                                                    Commerce within 30 days after the date                  outside diameter of the tubing with a die or          an otherwise excluded specification listed
                                                    of publication of this notice. Requests                 similar device, whether or not controlling the        below. The following products are outside of,
                                                    should contain the party’s name,                        inside diameter of the tubing with an internal        and/or specifically excluded from, the scope
                                                    address, and telephone number, the                      support device such as a mandrel, rod, plug           of the investigation:
                                                    number of participants, whether any                     or similar device.                                       (1) cold-drawn stainless steel tubing,
                                                    participant is a foreign national, and a                   Subject cold-drawn mechanical tubing is            containing 10.5 percent or more of chromium
                                                                                                            typically certified to meet industry                  by weight and not more than 1.2 percent of
                                                    list of the issues to be discussed. If a
                                                                                                            specifications for cold-drawn tubing                  carbon by weight;
                                                    request for a hearing is made, the                      including but not limited to:
                                                    Department intends to hold the hearing                                                                           (2) products certified to one or more of the
                                                                                                               (1) American Society for Testing and               ASTM, ASME or American Petroleum
                                                    at the U.S. Department of Commerce,                     Materials (ASTM) or American Society of               Institute (API) specifications listed below:
                                                    1401 Constitution Avenue NW.,                           Mechanical Engineers (ASME) specifications               • ASTM A–53;
                                                    Washington, DC 20230, at a time and                     ASTM A–512, ASTM A–513 Type 3 (ASME                      • ASTM A–106;
                                                    date to be determined. Parties should                   SA513 Type 3), ASTM A–513 Type 4 (ASME                   • ASTM A–179 (ASME SA 179);
                                                    confirm by telephone the date, time, and                SA513 Type 4), ASTM A–513 Type 5 (ASME                   • ASTM A–192 (ASME SA 192);
                                                                                                            SA513 Type 5), ASTM A–513 Type 6 (ASME
                                                    location of the hearing two days before                                                                          • ASTM A–209 (ASME SA 209);
                                                                                                            SA513 Type 6), ASTM A–519 (cold-finished);
                                                    the scheduled date.                                                                                              • ASTM A–210 (ASME SA 210);
                                                                                                               (2) SAE International (Society of
                                                                                                                                                                     • ASTM A–213 (ASME SA 213);
                                                    International Trade Commission                          Automotive Engineers) specifications SAE
                                                                                                                                                                     • ASTM A–334 (ASME SA 334);
                                                    Notification                                            J524, SAE J525, SAE J2833, SAE J2614, SAE
                                                                                                                                                                     • ASTM A–423 (ASME SA 423);
                                                                                                            J2467, SAE J2435, SAE J2613;
                                                       In accordance with section 703(f) of                                                                          • ASTM A–498;
                                                                                                               (3) Aerospace Material Specification (AMS)
                                                    the Act, the Department will notify the                                                                          • ASTM A–496 (ASME SA 496);
                                                                                                            AMS T–6736 (AMS 6736), AMS 6371, AMS
                                                                                                                                                                     • ASTM A–199;
                                                    International Trade Commission (ITC) of                 5050, AMS 5075, AMS 5062, AMS 6360,
                                                                                                                                                                     • ASTM A–500;
                                                    its determination. If the final                         AMS 6361, AMS 6362, AMS 6371, AMS
                                                                                                                                                                     • ASTM A–556;
                                                    determination is affirmative, the ITC                   6372, AMS 6374, AMS 6381, AMS 6415;
                                                                                                                                                                     • ASTM A–565;
                                                    will determine before the later of 120                     (4) United States Military Standards (MIL)
                                                                                                            MIL–T–5066 and MIL–T–6736;                               • API 5L; and
                                                    days after the date of this preliminary
                                                                                                               (5) foreign standards equivalent to one of            • API 5CT
                                                    determination or 45 days after the final                the previously listed ASTM, ASME, SAE,                except that any cold-drawn tubing product
                                                    determination.                                          AMS or MIL specifications including but not           certified to one of the above excluded
                                                                                                            limited to:                                           specifications will not be excluded from the
                                                    Notification to Interested Parties
                                                                                                               (a) German Institute for Standardization           scope if it is also dual- or multiple-certified
                                                      This determination is issued and                      (DIN) specifications DIN 2391–2, DIN 2393–            to any other specification that otherwise
                                                    published pursuant to sections 703(f)                   2, DIN 2394–2);                                       would fall within the scope of the
                                                    and 777(i) of the Act and 19 CFR                           (b) European Standards (EN) EN 10305–1,            investigation.
                                                    351.205(c).                                             EN 10305–2, EN 10305–4, EN 10305–6 and                   The products subject to the investigation
                                                                                                            European national variations on those                 are currently classified in the Harmonized
                                                      Dated: September 18, 2017.                                                                                  Tariff Schedule of the United States (HTSUS)
                                                                                                            standards (e.g. British Standard (BS EN), Irish
                                                    Gary Taverman,                                          Standard (IS EN) and German Standard (DIN             under item numbers: 7304.31.3000,
                                                    Deputy Assistant Secretary for Antidumping              EN) variations, etc.);                                7304.31.6050, 7304.51.1000, 7304.51.5005,
                                                    and Countervailing Duty Operations                         (c) Japanese Industrial Standard (JIS) JIS G       7304.51.5060, 7306.30.5015, 7306.30.5020,
                                                    performing the non-exclusive functions and              3441 and JIS G 3445; and                              7306.50.5030. Subject merchandise may also
                                                    duties of the Assistant Secretary for                      (6) proprietary standards that are based on        enter under numbers 7306.30.1000 and
                                                    Enforcement and Compliance.                             one of the above-listed standards.                    7306.50.1000. The HTSUS subheadings
                                                                                                               The subject cold-drawn mechanical tubing           above are provided for convenience and
                                                    Appendix I                                              may also be dual or multiple certified to             customs purposes only. The written
                                                    Scope of the Investigation                              more than one standard. Pipe that is multiple         description of the scope of the investigation
                                                                                                            certified as cold-drawn mechanical tubing             is dispositive.
                                                       The scope of this investigation covers cold-
                                                    drawn mechanical tubing of carbon and alloy             and to other specifications not covered by
                                                                                                            this scope, is also covered by the scope of           Appendix II
                                                    steel (cold-drawn mechanical tubing) of
                                                    circular cross-section, in actual outside               this investigation when it meets the physical         List of Topics Discussed in the Preliminary
                                                    diameters less than 331 mm, and regardless              description set forth above.                          Decision Memorandum
                                                    of wall thickness, surface finish, end finish              Steel products included in the scope of this
                                                                                                                                                                  I. Summary
                                                    or industry specification. The subject cold-            investigation are products in which: (1) Iron
                                                                                                                                                                  II. Background
                                                    drawn mechanical tubing is a tubular                    predominates, by weight, over each of the
                                                                                                                                                                  III. Scope Comments
                                                    product with a circular cross-sectional shape           other contained elements; and (2) the carbon
                                                                                                                                                                  IV. Scope of the Investigation
                                                    that has been cold-drawn or otherwise cold-             content is 2 percent or less by weight.
                                                                                                                                                                  V. Injury Test
                                                    finished after the initial tube formation in a             For purposes of this scope, the place of
                                                                                                                                                                  VI. Subsidies Valuation
                                                    manner that involves a change in the                    cold-drawing determines the country of
                                                                                                                                                                  VII. Benchmarks and Interest Rates
                                                                                                            origin of the subject merchandise. Subject
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                                                    diameter or wall thickness of the tubing, or                                                                  VIII. Use of Facts Otherwise Available
                                                    both. The subject cold-drawn mechanical                 merchandise that is subject to minor working
                                                                                                                                                                  IX. Analysis of Programs
                                                    tubing may be produced from either welded               in a third country that occurs after drawing
                                                                                                                                                                  X. Calculation of the All-Others Rate
                                                    (e.g., electric resistance welded, continuous           in one of the subject countries including, but
                                                                                                                                                                  XI. ITC Notification
                                                    welded, etc.) or seamless (e.g., pierced,               not limited to, heat treatment, cutting to
                                                                                                                                                                  XII. Disclosure and Public Comment
                                                    pilgered or extruded, etc.) carbon or alloy             length, straightening, nondestruction testing,
                                                                                                                                                                  XIII. Verification
                                                    steel tubular products. It may also be heat             deburring or chamfering, remains within the
                                                                                                                                                                  XIV. Conclusion
                                                    treated after cold working. Such heat                   scope of the investigation.
                                                    treatments may include, but are not limited                All products that meet the written physical        [FR Doc. 2017–20412 Filed 9–22–17; 8:45 am]
                                                    to, annealing, normalizing, quenching and               description are within the scope of this              BILLING CODE 3510–DS–P




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Document Created: 2018-10-24 14:41:49
Document Modified: 2018-10-24 14:41:49
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
DatesApplied September 25, 2017.
ContactRyan Mullen or Carrie Bethea, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5260 or (202) 482-1491, respectively.
FR Citation82 FR 44558 

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