82 FR 55564 - Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From the Republic of Korea: 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 | 55564-55567 | |
| FR Document | 2017-25290 |
[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)] [Notices] [Pages 55564-55567] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25290] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-892] Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From the Republic of Korea: 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 (mechanical tubing) from the Republic of Korea (Korea) 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: Annathea Cook or Javier Barrientos, 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) 482-0250 or (202) 482-2243, 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 Determinaion of Critical Circumstances, in Part, in the Less-Than-Fair-Value Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the Republic of Korea'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is mechanical tubing from Korea. 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. 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 [[Page 55565]] Scope Decision Memorandum.\6\ 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 22491. \6\ 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 Determinations'' (Preliminary Scope Decision Memorandum), dated November 15, 2017. --------------------------------------------------------------------------- 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. Normal value (NV) was calculated in accordance with section 773 of the Act. Furthermore, pursuant to section 776(a) and (b) of the Act, the Department has preliminarily relied upon facts otherwise available, with adverse inferences for Sang Shin Ind. Co., Ltd. (Sang Shin). For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. Preliminary Affirmative Determination of Critical Circumstances In accordance with section 733(e) of the Act and 19 CFR 351.206, we preliminarily find that critical circumstances do not exist for Yulchon Co., Ltd. (Yulchon) and for the companies subject to the ``all others'' rate. Additionally, because Sang Shin did not respond to the Department's questionnaire, we have determined pursuant to sections 776(a) and (b) of the Act, that critical circumstances exist for Sang Shin as adverse facts available (AFA). For a full description of the methodology and results of our critical circumstances analysis, see the Preliminary Decision Memorandum. Adverse Facts Available Sang Shin was selected as a mandatory respondent, but failed to respond to the Department's questionnaire. Accordingly, we preliminarily determine to base Sang Shin's dumping margin on AFA, in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. As AFA, we applied the highest dumping margin calculated for Korean exports of subject merchandise contained in the petition,\7\ 48.00 percent. For further discussion, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \7\ 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). --------------------------------------------------------------------------- All-Others Rate Sections 733(d)(1)(A)(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. The Department calculated an individual estimated weighted-average dumping margin for Yulchon, the only individually examined exporter/ producer in this investigation. Because the only individually calculated dumping margin is not zero, de minimis, or based entirely on facts otherwise available, the estimated weighted-average dumping margin calculated for Yulchon is the margin assigned to all-other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. Preliminary Determination The Department preliminarily determines that the following estimated weighted-average dumping margins exist: ------------------------------------------------------------------------ Estimated weighted- Exporter/producer average dumping margin (percent) ------------------------------------------------------------------------ Sang Shin Ind. Co., Ltd................................. 48.00 Yulchon Co., Ltd........................................ 5.10 All-Others.............................................. 5.10 ------------------------------------------------------------------------ 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 Sang Shin. 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 or exporter 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 [[Page 55566]] 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.\8\ 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. 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. --------------------------------------------------------------------------- \8\ 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 November 13, 2017, pursuant to 19 CFR 351.210(e), ArcelorMittal Tubular Products, Michigan Seamless Tube, LLC, Plymouth Tube Co. USA, PTC Alliance Corp., Webco Industries, Inc., and Zekelman Industries, Inc., (the petitioners) and Yulchon requested that the Department postpone the final determination and that provisional measures be extended to a period not to exceed six months.9 10 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 exporter accounts 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. --------------------------------------------------------------------------- \9\ See Letter from ArcelorMittal Tubular Products, Michigan Seamless Tube, LLC, Plymouth Tube Co. USA, PTC Alliance Corp., Webco Industries, Inc., and Zekelman Industries, Inc., ``Re: Certain Cold- Drawn Mechanical Tubing of Carbon and Alloy Steel from China. Germany, India, Italy, Korea and Switzerland--Petitioners' Comments Resarding Extension the Final Determination Deadline,'' dated November 13, 2017. \10\ See Letter fromYulchon Co., Ltd., ``Re: Cold-Drawn Mechanical Tubing from Korea,'' dated November 14, 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 [[Page 55567]] 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 this 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 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. Particular Market Situation VI. Discussion of the Methodology A. Determination of the Comparison Method B. Results of the Differential Pricing Analysis VII. Date of Sale VIII. Product Comparisons IX. Export Price X. Normal Value A. Home Market Viability B. Affiliated-Party Transactions and Arm's-Length Test C. Level of Trade D. 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 XI. Use of Facts Otherwise Available and Adverse Inferences A. Application of Facts Available B. Use of Adverse Inference XII. Critical Circumstances XIII. Currency Conversion XIV. Conclusion [FR Doc. 2017-25290 Filed 11-21-17; 8:45 am] BILLING CODE 3510-DS-P
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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_55788/page/1.svg)
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produced from either welded (e.g., electric origin of the subject merchandise. Subject B. Results of the Differential Pricing
resistance welded, continuous welded, etc.) merchandise that is subject to minor working Analysis
or seamless (e.g., pierced, pilgered or in a third country that occurs after drawing VII. Date of Sale
extruded, etc.) carbon or alloy steel tubular in one of the subject countries including, but VIII. Product Comparisons
products. It may also be heat treated after not limited to, heat treatment, cutting to IX. Export Price
cold working. Such heat treatments may length, straightening, nondestruction testing, X. Normal Value
include, but are not limited to, annealing, deburring or chamfering, remains within the A. Home Market Viability
normalizing, quenching and tempering, stress scope of this investigation. B. Affiliated-Party Transactions and Arm’s-
relieving or finish annealing. Typical cold- All products that meet the written physical Length Test
drawing methods for subject merchandise description are within the scope of this C. Level of Trade
include, but are not limited to, drawing over investigation unless specifically excluded or D. Cost of Production (COP) Analysis
mandrel, rod drawing, plug drawing, sink covered by the scope of an existing order. 1. Calculation of COP
drawing and similar processes that involve Merchandise that meets the physical 2. Test of Comparison Market Sales Prices
reducing the outside diameter of the tubing description of cold-drawn mechanical tubing 3. Results of the COP Test
with a die or similar device, whether or not above is within the scope of the investigation D. Calculation of NV Based on Comparison
controlling the inside diameter of the tubing even if it is also dual or multiple certified to Market Prices
with an internal support device such as a an otherwise excluded specification listed E. Calculation of NV Based on Constructed
mandrel, rod, plug or similar device. Other below. The following products are outside of, Value
cold-finishing operations that may be used to and/or specifically excluded from, the scope XI. Use of Facts Otherwise Available and
produce subject merchandise include cold- of this investigation: Adverse Inferences
rolling and cold-sizing the tubing. (1) Cold-drawn stainless steel tubing, A. Application of Facts Available
Subject cold-drawn mechanical tubing is containing 10.5 percent or more of chromium B. Use of Adverse Inference
typically certified to meet industry by weight and not more than 1.2 percent of XII. Critical Circumstances
specifications for cold-drawn tubing carbon by weight; XIII. Currency Conversion
including but not limited to: (2) products certified to one or more of the XIV. Conclusion
(1) American Society for Testing and ASTM, ASME or American Petroleum
[FR Doc. 2017–25290 Filed 11–21–17; 8:45 am]
Materials (ASTM) or American Society of Institute (API) specifications listed below:
Mechanical Engineers (ASME) specifications • ASTM A–53; BILLING CODE 3510–DS–P
ASTM A–512, ASTM A–513 Type 3 (ASME • ASTM A–106;
SA513 Type 3), ASTM A–513 Type 4 (ASME • ASTM A–179 (ASME SA 179);
SA513 Type 4), ASTM A–513 Type 5 (ASME • ASTM A–192 (ASME SA 192); DEPARTMENT OF COMMERCE
SA513 Type 5), ASTM A–513 Type 6 (ASME • ASTM A–209 (ASME SA 209);
SA513 Type 6), ASTM A–519 (cold-finished); • ASTM A–210 (ASME SA 210); International Trade Administration
(2) SAE International (Society of • ASTM A–213 (ASME SA 213);
• ASTM A–334 (ASME SA 334); [A–533–873]
Automotive Engineers) specifications SAE
J524, SAE J525, SAE J2833, SAE J2614, SAE • ASTM A–423 (ASME SA 423);
• ASTM A–498; Certain Cold-Drawn Mechanical Tubing
J2467, SAE J2435, SAE J2613; of Carbon and Alloy Steel From India:
(3) Aerospace Material Specification (AMS) • ASTM A–496 (ASME SA 496);
AMS T–6736 (AMS 6736), AMS 6371, AMS • ASTM A–199; Preliminary Affirmative Determination
5050, AMS 5075, AMS 5062, AMS 6360, • ASTM A–500; of Sales at Less Than Fair Value, in
AMS 6361, AMS 6362, AMS 6371, AMS • ASTM A–556; Part, Postponement of Final
6372, AMS 6374, AMS 6381, AMS 6415; • ASTM A–565; Determination, and Extension of
(4) United States Military Standards (MIL) • API 5L; and Provisional Measures
• API 5CT
MIL–T–5066 and MIL–T–6736;
(5) foreign standards equivalent to one of except that any cold-drawn tubing product AGENCY: Enforcement and Compliance,
the previously listed ASTM, ASME, SAE, certified to one of the above excluded International Trade Administration,
AMS or MIL specifications including but not specifications will not be excluded from the Department of Commerce.
limited to: scope if it is also dual- or multiple-certified SUMMARY: The Department of Commerce
(a) German Institute for Standardization to any other specification that otherwise
(the Department) preliminarily
(DIN) specifications DIN 2391–2, DIN 2393– would fall within the scope of this
investigation. determines that certain cold-drawn
2, DIN 2394–2); mechanical tubing of carbon and alloy
(b) European Standards (EN) EN 10305–1, The products subject to the investigation
are currently classified in the Harmonized steel (cold-drawn mechanical tubing)
EN 10305–2, EN 10305–3, EN 10305–4, EN
10305–6 and European national variations on Tariff Schedule of the United States (HTSUS) from India is being, or is likely to be,
those standards (e.g., British Standard (BS under item numbers: 7304.31.3000, sold in the United States at less than fair
EN), Irish Standard (IS EN) and German 7304.31.6050, 7304.51.1000, 7304.51.5005, value (LTFV). The period of
Standard (DIN EN) variations, etc.); 7304.51.5060, 7306.30.5015, 7306.30.5020, investigation (POI) is April 1, 2016,
(c) Japanese Industrial Standard (JIS) JIS G 7306.50.5030. Subject merchandise may also through March 31, 2017.
3441 and JIS G 3445; and enter under numbers 7306.30.1000 and
7306.50.1000. The HTSUS subheadings DATES: Applicable November 22, 2017.
(6) proprietary standards that are based on
above are provided for convenience and FOR FURTHER INFORMATION CONTACT:
one of the above-listed standards.
The subject cold-drawn mechanical tubing customs purposes only. The written Susan Pulongbarit or Omar Qureshi,
description of the scope of the investigation AD/CVD Operations, Office V,
may also be dual or multiple certified to
is dispositive. Enforcement and Compliance,
more than one standard. Pipe that is multiple
certified as cold-drawn mechanical tubing Appendix II International Trade Administration,
and to other specifications not covered by U.S. Department of Commerce, 1401
this scope, is also covered by the scope of List of Topics Discussed in the Preliminary
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Constitution Avenue NW., Washington,
this investigation when it meets the physical Decision Memorandum
DC 20230; telephone: (202) 482–4031 or
description set forth above. I. Summary (202) 482–5307, respectively.
Steel products included in the scope of this II. Background
investigation are products in which: (1) Iron III. Period of Investigation SUPPLEMENTARY INFORMATION:
predominates, by weight, over each of the IV. Scope Comments Background
other contained elements; and (2) the carbon V. Particular Market Situation
content is 2 percent or less by weight. VI. Discussion of the Methodology This preliminary determination is
For purposes of this scope, the place of A. Determination of the Comparison made in accordance with section 733(b)
cold-drawing determines the country of Method of the Tariff Act of 1930, as amended
VerDate Sep<11>2014 18:57 Nov 21, 2017 Jkt 244001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\22NON1.SGM 22NON1](https://thefederalregister.org/doc/82_FR_55788/page/4.svg)
Document Created: 2017-11-22 00:48:48
Document Modified: 2017-11-22 00:48:48
| 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 | Annathea Cook or Javier Barrientos, 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) 482-0250 or (202) 482-2243, respectively. | |
| FR Citation | 82 FR 55564 |
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