82 FR 55561 - Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From Italy: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 224 (November 22, 2017)
International Trade Administration
Federal Register Volume 82, Issue 224 (November 22, 2017)
| Page Range | 55561-55564 | |
| FR Document | 2017-25289 |
[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)] [Notices] [Pages 55561-55564] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25289] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-475-838] Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From Italy: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination, and Extension of Provisional Measures AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that certain cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from Italy is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2016, through March 31, 2017. DATES: Applicable November 22, 2017. FOR FURTHER INFORMATION CONTACT: Carrie Bethea or Kabir Archuletta, 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) 482-1491 or (202) 482-2593, respectively. SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 733(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 September 12, 2017, the Department postponed the preliminary determination of this investigation until November 15, 2017.\2\ For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.\3\ A list of topics included 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 https://access.trade.gov, and 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 the electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the Federal Republic of Germany, India, Italy, the Republic of Korea, the People's Republic of China, and Switzerland: Initiation of Less-Than-Fair-Value Investigations, 82 FR 22491 (May 16, 2017) (Initiation Notice). \2\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the Federal Republic of Germany, India, Italy, the Republic of Korea, the People's Republic of China, and Switzerland: Postponement of Preliminary Determinations in the Less-Than-Fair- Value Investigations, 82 FR 42788 (September 12, 2017). \3\ See Memorandum, ``Decision Memorandum for the Preliminary Determination and Affirmative Determination of Critical Circumstances in the Less-Than-Fair-Value Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from Italy'' 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 Italy. 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, as well as additional language proposed by the petitioners.\6\ For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.\7\ The Department is preliminarily modifying the scope language as it appeared in the Initiation Notice. See the revised scope in Appendix I to this notice. --------------------------------------------------------------------------- \4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). \5\ See Initiation Notice, 82 FR at 22492. \6\ ArcelorMittal Tubular Products, Michigan Seamless Tube, LLC, PTC Alliance Corp., Plymouth Tube Co. USA, Webco Industries, Inc., and Zekelman Industries, Inc. (collectively, the petitioners). \7\ See Memorandum, ``Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the Federal Republic of Germany, India, Italy, the Republic of Korea, the People's Republic of China, and Switzerland: Scope Comments Decision Memorandum for the Preliminary Determination'' (Preliminary Scope Decision Memorandum), dated concurrently with this preliminary determination. --------------------------------------------------------------------------- Methodology The Department is conducting this investigation in accordance with section 731 of the Act. Export prices were calculated in accordance with section 772(a) of the Act. Constructed export prices were calculated in accordance with section 772(b) of the Act. Normal value (NV) was calculated in accordance with section 773 of the Act. In addition, the Department has relied on partial adverse facts available under sections 776(a) and (b) of the Act for Dalmine. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. Preliminary Affirmative Determination of Critical Circumstances, in Part In accordance with section 733(e) of the Act and 19 CFR 351.206, the Department preliminarily finds that critical circumstances exist for Dalmine S.p.A. (Dalmine), and Metalfer S.p.A. (Metalfer), but not for all other exporters. For a full description of the methodology and results of the Department's critical circumstances analysis, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination the Department shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. In this investigation, the Department calculated estimated weighted-average dumping margins for Dalmine and Metalfer 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 estimated weighted- [[Page 55562]] average dumping margins 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 weighted-average dumping margins calculated for the examined respondents; (B) a simple average of the estimated weighted-average dumping margins calculated for the examined respondents; and (C) a weighted-average of the estimated weighted-average dumping margins 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 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 was 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 weighted-average dumping margins exist: ------------------------------------------------------------------------ Estimated weighted- average Exporter/producer dumping margin (percent) ------------------------------------------------------------------------ Dalmine S.p.A........................................... 36.80 Metalfer S.p.A.......................................... 31.42 All-Others.............................................. 33.75 ------------------------------------------------------------------------ Suspension of Liquidation In accordance with section 733(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 Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all-others rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the company-specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the later of (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or (b) the date on which notice of initiation of the investigation was published. The Department preliminarily finds that critical circumstances exist for imports of subject merchandise produced or exported by Dalmine and Metalfer. In accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries of shipments of subject merchandise from the producer(s) or exporter(s) identified in this paragraph that were entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice. These suspension of liquidation instructions will remain in effect until further notice. Disclosure The Department intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication 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 The Department is setting different deadlines for scope-related case and rebuttal briefs, and case and rebuttal briefs addressing all other issues. Scope briefs may be submitted to the Assistant Secretary for Enforcement and Compliance no later than five days after the publication of the preliminary AD determinations for the PRC, Germany, India, Italy, Korea, and Switzerland in the Federal Register. Rebuttal scope briefs, limited to issues raised in the scope case briefs, may be submitted no later than three days after the deadline for the scope case briefs. These deadlines, which are based on publication in the Federal Register of the preliminary determinations in the AD investigations of cold-drawn mechanical tubing, apply for both the on- going CVD and AD investigations. There is only one briefing schedule for scope case and rebuttal briefs in the CVD and AD investigations. For all scope issues, parties must file separate and identical documents on the records of all of the ongoing CVD and AD cold-drawn mechanical tubing investigations. No new factual information should be included in scope case briefs or rebuttal scope briefs, and no proprietary information should be submitted in the scope case briefs and rebuttal scope briefs. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing on the revised scope, limited to issues raised in the scope case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, separate from the hearing on issues raised in case briefs, within five 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. Scope comments may only be included in the scope case brief and scope rebuttal brief. Should this investigation result in an order, interested parties may submit requests for a scope ruling after the issuance of any such order. Case briefs or other non-scope 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, unless the Secretary alters the time limit. 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 [[Page 55563]] argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a 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. --------------------------------------------------------------------------- \9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of the Department's regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On October 25, 2017, pursuant to 19 CFR 351.210(e), Dalmine and Metalfer requested that the Department postpone the final determination and that provisional measures be extended to a period not to exceed six months.\10\ On November 13, 2017, the petitioners also requested pursuant to 19 CFR 351.210(e) that the Department postpone the final determination of this investigation.\11\ In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, the Department is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, the Department will make its final determination no later than 135 days after the date of publication of this preliminary determination. --------------------------------------------------------------------------- \10\ See Letter from Dalmine ``Request for Postponement of Final Determination and Provisional Measures Period,'' dated October 25, 2017; Letter from Metalfer, ``Extension Request for Final Determination,'' dated October 25, 2017. \11\ Letter from the petitioners, ``Petitioners' Comments Regarding Extension of the Final Determination Deadline,'' dated November 13, 2017. --------------------------------------------------------------------------- International Trade Commission Notification In accordance with section 733(f) of the Act, the Department will notify the International Trade Commission (ITC) of its preliminary 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 whether these imports are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: November 15, 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, 304.8 mm or more in length, in actual outside diameters less than 331mm, 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. Other cold-finishing operations that may be used to produce subject merchandise include cold-rolling and cold- sizing the tubing. 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 10305-3, 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 [[Page 55564]] 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 this 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 this 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. Period of Investigation IV. Scope Comments V. Discussion of the Methodology A. Determination of the Comparison Method B. Results of the Differential Pricing Analysis VI. Date of Sale VII. Product Comparisons VIII. Export Price and Constructed Export Price IX. Normal Value A. Home Market Viability B. Level of Trade C. Cost of Production (COP) Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test D. Calculation of NV Based on Comparison Market Prices E. Calculation of NV Based on Constructed Value X. Partial Application of Facts Available and Use of Adverse Inference A. Application of Facts Available B. Use of Adverse Inference XI. Critical Circumstances XII. Currency Conversion XIII. Conclusion [FR Doc. 2017-25289 Filed 11-21-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices 55561
XI. Application of Facts Available and Use of For a complete description of the events Scope Decision Memorandum.7 The
Adverse Inference that followed the initiation of this Department is preliminarily modifying
A. Application of Facts Available investigation, see the Preliminary the scope language as it appeared in the
B. Use of Adverse Inference Initiation Notice. See the revised scope
Decision Memorandum.3 A list of topics
C. Selection and Corroboration of the AFA
Rate included in the Preliminary Decision in Appendix I to this notice.
XII. Currency Conversion Memorandum is included as Appendix
Methodology
XIII. Conclusion II to this notice. The Preliminary
Decision Memorandum is a public The Department is conducting this
[FR Doc. 2017–25291 Filed 11–21–17; 8:45 am]
document and is on file electronically investigation in accordance with section
BILLING CODE 3510–DS–P
via Enforcement and Compliance’s 731 of the Act. Export prices were
Antidumping and Countervailing Duty calculated in accordance with section
DEPARTMENT OF COMMERCE Centralized Electronic Service System 772(a) of the Act. Constructed export
(ACCESS). ACCESS is available to prices were calculated in accordance
International Trade Administration registered users at https:// with section 772(b) of the Act. Normal
access.trade.gov, and to all parties in the value (NV) was calculated in accordance
[A–475–838] with section 773 of the Act. In addition,
Central Records Unit, room B8024 of the
main Department of Commerce the Department has relied on partial
Certain Cold-Drawn Mechanical Tubing
building. In addition, a complete adverse facts available under sections
of Carbon and Alloy Steel From Italy:
version of the Preliminary Decision 776(a) and (b) of the Act for Dalmine.
Preliminary Affirmative Determination
Memorandum can be accessed directly For a full description of the
of Sales at Less Than Fair Value,
at http://enforcement.trade.gov/frn/. methodology underlying the
Preliminary Affirmative Determination
The signed and the electronic versions preliminary determination, see the
of Critical Circumstances, in Part,
of the Preliminary Decision Preliminary Decision Memorandum.
Postponement of Final Determination,
and Extension of Provisional Measures Memorandum are identical in content. Preliminary Affirmative Determination
Scope of the Investigation of Critical Circumstances, in Part
AGENCY: Enforcement and Compliance,
International Trade Administration, In accordance with section 733(e) of
The product covered by this the Act and 19 CFR 351.206, the
Department of Commerce.
investigation is cold-drawn mechanical Department preliminarily finds that
SUMMARY: The Department of Commerce tubing from Italy. For a complete
(the Department) preliminarily critical circumstances exist for Dalmine
description of the scope of this S.p.A. (Dalmine), and Metalfer S.p.A.
determines that certain cold-drawn investigation, see Appendix I.
mechanical tubing of carbon and alloy (Metalfer), but not for all other
steel (cold-drawn mechanical tubing) Scope Comments exporters. For a full description of the
from Italy is being, or is likely to be, methodology and results of the
sold in the United States at less than fair In accordance with the preamble to Department’s critical circumstances
value (LTFV). The period of the Department’s regulations,4 the analysis, see the Preliminary Decision
investigation (POI) is April 1, 2016, Initiation Notice set aside a period of Memorandum.
through March 31, 2017. time for parties to raise issues regarding
product coverage (i.e., scope).5 Certain All-Others Rate
DATES: Applicable November 22, 2017.
interested parties commented on the Sections 733(d)(1)(ii) and 735(c)(5)(A)
FOR FURTHER INFORMATION CONTACT: scope of the investigation as it appeared of the Act provide that in the
Carrie Bethea or Kabir Archuletta, AD/ in the Initiation Notice, as well as preliminary determination the
CVD Operations, Office V, Enforcement additional language proposed by the Department shall determine an
and Compliance, International Trade petitioners.6 For a summary of the estimated all-others rate for all exporters
Administration, U.S. Department of product coverage comments and and producers not individually
Commerce, 1401 Constitution Avenue rebuttal responses submitted to the examined. This rate shall be an amount
NW., Washington, DC 20230; telephone: record for this preliminary equal to the weighted average of the
(202) 482–1491 or (202) 482–2593, determination, and accompanying estimated weighted-average dumping
respectively. discussion and analysis of all comments margins established for exporters and
SUPPLEMENTARY INFORMATION: timely received, see the Preliminary producers individually investigated,
excluding any zero and de minimis
Background
of Germany, India, Italy, the Republic of Korea, the margins, and any margins determined
This preliminary determination is People’s Republic of China, and Switzerland: entirely under section 776 of the Act.
made in accordance with section 733(b) Postponement of Preliminary Determinations in the In this investigation, the Department
Less-Than-Fair-Value Investigations, 82 FR 42788
of the Tariff Act of 1930, as amended (September 12, 2017). calculated estimated weighted-average
(the Act). The Department published the 3 See Memorandum, ‘‘Decision Memorandum for dumping margins for Dalmine and
notice of initiation of this investigation the Preliminary Determination and Affirmative Metalfer that are not zero, de minimis,
on May 16, 2017.1 On September 12, Determination of Critical Circumstances in the Less- or based entirely on facts otherwise
2017, the Department postponed the Than-Fair-Value Investigation of Certain Cold-
Drawn Mechanical Tubing of Carbon and Alloy
available. The Department calculated
preliminary determination of this Steel from Italy’’ dated concurrently with, and the all-others’ rate using a weighted
asabaliauskas on DSKBBXCHB2PROD with NOTICES
investigation until November 15, 2017.2 hereby adopted by, this notice (Preliminary average of the estimated weighted-
Decision Memorandum).
1 See Certain Cold-Drawn Mechanical Tubing of 4 See Antidumping Duties; Countervailing Duties, 7 See Memorandum, ‘‘Certain Cold-Drawn
Carbon and Alloy Steel from the Federal Republic 62 FR 27296, 27323 (May 19, 1997). Mechanical Tubing of Carbon and Alloy Steel from
of Germany, India, Italy, the Republic of Korea, the 5 See Initiation Notice, 82 FR at 22492.
the Federal Republic of Germany, India, Italy, the
People’s Republic of China, and Switzerland: 6 ArcelorMittal Tubular Products, Michigan Republic of Korea, the People’s Republic of China,
Initiation of Less-Than-Fair-Value Investigations, 82 Seamless Tube, LLC, PTC Alliance Corp., Plymouth and Switzerland: Scope Comments Decision
FR 22491 (May 16, 2017) (Initiation Notice). Tube Co. USA, Webco Industries, Inc., and Memorandum for the Preliminary Determination’’
2 See Certain Cold-Drawn Mechanical Tubing of Zekelman Industries, Inc. (collectively, the (Preliminary Scope Decision Memorandum), dated
Carbon and Alloy Steel from the Federal Republic petitioners). concurrently with this preliminary determination.
VerDate Sep<11>2014 18:57 Nov 21, 2017 Jkt 244001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\22NON1.SGM 22NON1](https://thefederalregister.org/doc/82_FR_55785/page/1.svg)
![55564 Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices
investigation unless specifically excluded or 1. Calculation of COP 2017, the Department postponed the
covered by the scope of an existing order. 2. Test of Comparison Market Sales Prices preliminary determination of this
Merchandise that meets the physical 3. Results of the COP Test investigation until November 15, 2017.2
description of cold-drawn mechanical tubing D. Calculation of NV Based on Comparison For a complete description of the events
above is within the scope of the investigation Market Prices
even if it is also dual or multiple certified to E. Calculation of NV Based on Constructed
that followed the initiation of this
an otherwise excluded specification listed Value investigation, see the Preliminary
below. The following products are outside of, X. Partial Application of Facts Available and Decision Memorandum.3 A list of topics
and/or specifically excluded from, the scope Use of Adverse Inference included in the Preliminary Decision
of this investigation: A. Application of Facts Available Memorandum is included as Appendix
(1) Cold-drawn stainless steel tubing, B. Use of Adverse Inference II to this notice. The Preliminary
containing 10.5 percent or more of chromium XI. Critical Circumstances Decision Memorandum is a public
by weight and not more than 1.2 percent of XII. Currency Conversion document and is on file electronically
carbon by weight; XIII. Conclusion via Enforcement and Compliance’s
(2) products certified to one or more of the [FR Doc. 2017–25289 Filed 11–21–17; 8:45 am]
ASTM, ASME or American Petroleum
Antidumping and Countervailing Duty
Institute (API) specifications listed below:
BILLING CODE 3510–DS–P Centralized Electronic Service System
• ASTM A–53; (ACCESS). ACCESS is available to
• ASTM A–106; registered users at https://
• ASTM A–179 (ASME SA 179); DEPARTMENT OF COMMERCE access.trade.gov, and to all parties in the
• ASTM A–192 (ASME SA 192); Central Records Unit, Room B8024 of
• ASTM A–209 (ASME SA 209); International Trade Administration
the main Department of Commerce
• ASTM A–210 (ASME SA 210); [A–580–892] building. In addition, a complete
• ASTM A–213 (ASME SA 213); version of the Preliminary Decision
• ASTM A–334 (ASME SA 334); Certain Cold-Drawn Mechanical Tubing
• ASTM A–423 (ASME SA 423);
Memorandum can be accessed directly
of Carbon and Alloy Steel From the at http://enforcement.trade.gov/frn/.
• ASTM A–498;
• ASTM A–496 (ASME SA 496);
Republic of Korea: Preliminary The signed and the electronic versions
• ASTM A–199; Affirmative Determination of Sales at of the Preliminary Decision
• ASTM A–500; Less Than Fair Value, Preliminary Memorandum are identical in content.
• ASTM A–556; Affirmative Determination of Critical
• ASTM A–565; Circumstances, in Part, Postponement Scope of the Investigation
• API 5L; and of Final Determination, and Extension
• API 5CT The product covered by this
of Provisional Measures
investigation is mechanical tubing from
except that any cold-drawn tubing product
certified to one of the above excluded AGENCY: Enforcement and Compliance, Korea. For a complete description of the
specifications will not be excluded from the International Trade Administration, scope of this investigation, see
scope if it is also dual- or multiple-certified Department of Commerce. Appendix I.
to any other specification that otherwise SUMMARY: The Department of Commerce
would fall within the scope of this
Scope Comments
(the Department) preliminarily
investigation. determines that certain cold-drawn In accordance with the preamble to
The products subject to the investigation
mechanical tubing of carbon and alloy the Department’s regulations,4 the
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS) steel (mechanical tubing) from the Initiation Notice set aside a period of
under item numbers: 7304.31.3000, Republic of Korea (Korea) is being, or is time for parties to raise issues regarding
7304.31.6050, 7304.51.1000, 7304.51.5005, likely to be, sold in the United States at product coverage (i.e., scope).5 Certain
7304.51.5060, 7306.30.5015, 7306.30.5020, less than fair value (LTFV). The period interested parties commented on the
7306.50.5030. Subject merchandise may also of investigation (POI) is April 1, 2016, scope of the investigation as it appeared
enter under numbers 7306.30.1000 and through March 31, 2017. in the Initiation Notice. For a summary
7306.50.1000. The HTSUS subheadings DATES: Applicable November 22, 2017. of the product coverage comments and
above are provided for convenience and rebuttal responses submitted to the
customs purposes only. The written FOR FURTHER INFORMATION CONTACT:
description of the scope of the investigation Annathea Cook or Javier Barrientos, AD/ record for this preliminary
is dispositive. CVD Operations, Office V, Enforcement determination, and accompanying
and Compliance, International Trade discussion and analysis of all comments
Appendix II Administration, U.S. Department of timely received, see the Preliminary
List of Topics Discussed in the Preliminary Commerce, 1401 Constitution Avenue
Decision Memorandum NW., Washington, DC 20230; telephone: Initiation of Less-Than-Fair-Value Investigations, 82
(202) 482–0250 or (202) 482–2243, FR 22491 (May 16, 2017) (Initiation Notice).
I. Summary 2 See Certain Cold-Drawn Mechanical Tubing of
II. Background respectively. Carbon and Alloy Steel from the Federal Republic
III. Period of Investigation of Germany, India, Italy, the Republic of Korea, the
SUPPLEMENTARY INFORMATION:
IV. Scope Comments People’s Republic of China, and Switzerland:
V. Discussion of the Methodology Background Postponement of Preliminary Determinations in the
A. Determination of the Comparison Less-Than-Fair-Value Investigations, 82 FR 42788
Method This preliminary determination is (September 12, 2017).
made in accordance with section 733(b) 3 See Memorandum, ‘‘Decision Memorandum for
asabaliauskas on DSKBBXCHB2PROD with NOTICES
B. Results of the Differential Pricing
Analysis of the Tariff Act of 1930, as amended the Preliminary Determination and Affirmative
VI. Date of Sale (the Act). The Department published the Determinaion of Critical Circumstances, in Part, in
the Less-Than-Fair-Value Investigation of Certain
VII. Product Comparisons notice of initiation of this investigation Cold-Drawn Mechanical Tubing of Carbon and
VIII. Export Price and Constructed Export on May 16, 2017.1 On September 12, Alloy Steel from the Republic of Korea’’ dated
Price concurrently with, and hereby adopted by, this
IX. Normal Value 1 See Certain Cold-Drawn Mechanical Tubing of notice (Preliminary Decision Memorandum).
A. Home Market Viability Carbon and Alloy Steel from the Federal Republic 4 See Antidumping Duties; Countervailing Duties,
B. Level of Trade of Germany, India, Italy, the Republic of Korea, the 62 FR 27296, 27323 (May 19, 1997).
C. Cost of Production (COP) Analysis People’s Republic of China, and Switzerland: 5 See Initiation Notice, 82 FR at 22491.
VerDate Sep<11>2014 18:57 Nov 21, 2017 Jkt 244001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\22NON1.SGM 22NON1](https://thefederalregister.org/doc/82_FR_55785/page/4.svg)
Document Created: 2017-11-22 00:48:46
Document Modified: 2017-11-22 00:48:46
| 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 | Applicable November 22, 2017. | |
| Contact | Carrie Bethea or Kabir Archuletta, 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) 482-1491 or (202) 482-2593, respectively. | |
| FR Citation | 82 FR 55561 |
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