82_FR_55791 82 FR 55567 - Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, in Part, Postponement of Final Determination, and Extension of Provisional Measures

82 FR 55567 - Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 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)

Page Range55567-55571
FR Document2017-25292

The Department of Commerce (the Department) preliminarily determines that certain cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from India 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.

Federal Register, Volume 82 Issue 224 (Wednesday, November 22, 2017) 
[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)]
[Notices]
[Pages 55567-55571]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25292]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-873]


Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel 
From India: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, 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 India 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: Susan Pulongbarit or Omar Qureshi, 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) 482-4031 or (202) 
482-5307, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended

[[Page 55568]]

(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.
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    \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 Determination in the Less-Than-Fair 
Investigations, 82 FR 42788 (September 12, 2017).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value 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).
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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, 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.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \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.
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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. For a full description of the 
methodology underlying the preliminary determination, 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 preliminarily found a zero 
rate for Goodluck. Therefore, the only rate that is not zero, de 
minimis, or based entirely on facts otherwise available is the rate 
calculated for TPI. Consequently, the rate calculated for TPI is also 
assigned for all-other producers and exporters.

Preliminary Determination

    The Department preliminarily determines that the following 
estimated weighted-average dumping margins exist: 8 9
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    \8\ See Memorandum, ``Calculations Performed for Goodluck India 
Limited for the Preliminary Determination in the Antidumping Duty 
Investigation of Cold Drawn Mechanical Tubing,'' dated concurrently 
with this notice.
    \9\ See Memorandum, ``Calculations Performed for Tube 
Investments of India Ltd. and Tube Products of India, (collectively, 
TPI) for the Preliminary Determination in the Antidumping Duty 
Investigation of Cold Drawn Mechanical Tubing,'' dated concurrently 
with this notice.

----------------------------------------------------------------------------------------------------------------
                                                                     Estimated
                                                                  weighted-average   Cash deposit rate (adjusted
               Producer                        Exporter            dumping margin     for  subsidy  offset(s))
                                                                     (percent)                (percent)
----------------------------------------------------------------------------------------------------------------
Goodluck India Limited...............  Goodluck India Limited..           \8\ 0.00  Not Applicable.
Tube Products of India, Ltd. a unit    Tube Products of India,            \9\ 7.57  4.86.
 of Tube Investments of India Limited   Ltd. a unit of Tube
 (collectively TPI).                    Investments of India
                                        Limited (collectively
                                        TPI).
All-Others...........................  ........................               7.57  4.86.
----------------------------------------------------------------------------------------------------------------

    Consistent with section 733(b)(3) of the Act, the Department 
disregards de minimis rates and preliminarily determines that these 
individually examined respondents with de minimis rates have not made 
sales of subject merchandise at LTFV.

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

[[Page 55569]]

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 except 
as explained below; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin.
    The Department normally adjusts cash deposits for estimated 
antidumping duties by the amount of export subsidies countervailed in a 
companion countervailing duty (CVD) proceeding, when CVD provisional 
measures are in effect. Accordingly, where the Department preliminarily 
made an affirmative determination for countervailable export subsidies, 
the Department offset the estimated weighted-average dumping margin by 
the appropriate CVD rate. The adjusted cash deposit rate may be found 
in the Preliminary Determination section above. Should provisional 
measures in the companion CVD investigation expire prior to the 
expiration of provisional measures in this LTFV investigation, the 
Department will direct CBP to begin collecting estimated antidumping 
duty cash deposits unadjusted for countervailed export subsidies at the 
time that the provisional CVD measures expire. These suspension of 
liquidation instructions will remain in effect until further notice.
    Because the estimated weighted-average dumping margin for Goodluck 
India Limited is zero or de minimis, entries of shipments of subject 
merchandise from this company will not be subject to suspension of 
liquidation or cash deposit requirements. In such situations, the 
Department applies the exclusion to the provisional measures to the 
producer/exporter combination that was examined in the investigation. 
Accordingly, the Department is directing CBP not to suspend liquidation 
of entries of subject merchandise produced and exported by Goodluck 
India Limited. Entries of shipments of subject merchandise from this 
company in any other producer/exporter combination, or by third parties 
that sourced subject merchandise from the excluded producer/exporter 
combination, are subject to the provisional measures at the all others 
rate.
    Should the final estimated weighted-average dumping margin be zero 
or de minimis for the producer/exporter combinations identified above, 
entries of shipments of subject merchandise from these producer/
exporter combinations will be excluded from the potential antidumping 
duty order. Such exclusions are not applicable to merchandise exported 
to the United States by these respondents in any other producer/
exporter combinations or by third parties that sourced subject 
merchandise from the excluded producer/exporter combinations.

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 nons-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. Rebuttal briefs, limited to issues raised 
in case briefs, may be submitted no later than five days after the 
deadline date for case briefs.\10\ 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.
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    \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    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,

[[Page 55570]]

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.

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 31, 2017 and November 12, 2017 Goodluck and TPI, 
pursuant to 19 CFR 351.210(e) and 19 CFR 351.210(b)(2)(ii), 
respectively requested that the Department postpone the final 
determination.\11\ On November 13, 2017, pursuant to 19 CFR 351.210(e), 
the petitioners also requested that the Department postpone the final 
determination and that provisional measures be extended to a period not 
to exceed six months.\12\ 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, in part; (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 by no later than 135 days after the date of publication 
of this preliminary determination, pursuant to section 735(a)(2) of the 
Act.
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    \11\ See Letter from Goodluck, ``Goodluck Request to Extend the 
Final Determination: Antidumping Duty Investigation on Certain Cold-
Drawn Mechanical Tubing of Carbon and Alloy Steel from India (A-533-
873),'' dated October 31, 2017; see also Letter from TPI, ``Certain 
Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: 
Request for Extension to Section ABC Supplemental Questionnaire,'' 
dated
    \12\ See Letter from the petitioners, ``Certain Cold-Drawn 
Mechanical Tubing of Carbon and Alloy Steel from China, Germany, 
India, Italy, Korea and Switzerland--Petitioners' Comments Regarding 
Extension of the Final Determination,'' dated November 13, 2017.
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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 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. 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;

[[Page 55571]]

    (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. Currency Conversion
XI. Conclusion

[FR Doc. 2017-25292 Filed 11-21-17; 8:45 am]
BILLING CODE 3510-DS-P

Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices 55567 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

55568 Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices (the Act). The Department published the description of the scope of this underlying the preliminary notice of initiation of this investigation investigation, see Appendix I. determination, see the Preliminary on May 16, 2017.1 On September 12, Decision Memorandum. Scope Comments 2017, the Department postponed the In accordance with the preamble to All-Others Rate preliminary determination of this investigation until November 15, 2017. the Department’s regulations,4 the Sections 733(d)(1)(ii) and 735(c)(5)(A) 2 For a complete description of the Initiation Notice set aside a period of of the Act provide that in the events that followed the initiation of time for parties to raise issues regarding preliminary determination the this investigation, see the Preliminary product coverage (i.e., scope).5 Certain Department shall determine an Decision Memorandum.3 A list of topics interested parties commented on the estimated all-others rate for all exporters included in the Preliminary Decision scope of the investigation as it appeared and producers not individually Memorandum is included as Appendix in the Initiation Notice, as well as examined. This rate shall be an amount II to this notice. The Preliminary additional language proposed by the equal to the weighted average of the Decision Memorandum is a public petitioners.6 For a summary of the estimated weighted-average dumping document and is on file electronically product coverage comments and margins established for exporters and via Enforcement and Compliance’s rebuttal responses submitted to the producers individually investigated, Antidumping and Countervailing Duty record for this preliminary excluding any zero and de minimis Centralized Electronic Service System determination, and accompanying margins, and any margins determined (ACCESS). ACCESS is available to discussion and analysis of all comments entirely under section 776 of the Act. registered users at https:// timely received, see the Preliminary access.trade.gov, and to all parties in the Scope Decision Memorandum.7 The In this investigation, the Department Central Records Unit, room B8024 of the Department is preliminarily modifying preliminarily found a zero rate for main Department of Commerce the scope language as it appeared in the Goodluck. Therefore, the only rate that building. In addition, a complete Initiation Notice. See the revised scope is not zero, de minimis, or based version of the Preliminary Decision in Appendix I to this notice. entirely on facts otherwise available is Memorandum can be accessed directly the rate calculated for TPI. Methodology Consequently, the rate calculated for at http://enforcement.trade.gov/frn/. The signed and the electronic versions The Department is conducting this TPI is also assigned for all-other of the Preliminary Decision investigation in accordance with section producers and exporters. Memorandum are identical in content. 731 of the Act. Export prices were Preliminary Determination calculated in accordance with section Scope of the Investigation 772(a) of the Act. Normal value (NV) The Department preliminarily The product covered by this was calculated in accordance with determines that the following estimated investigation is cold-drawn mechanical section 773 of the Act. For a full weighted-average dumping margins tubing from India. For a complete description of the methodology exist: 8 9 Cash deposit Estimated rate weighted-average (adjusted for Producer Exporter dumping margin subsidy (percent) offset(s)) (percent) Goodluck India Limited ............................................ Goodluck India Limited ............................................ 8 0.00 Not Applicable. Tube Products of India, Ltd. a unit of Tube Invest- Tube Products of India, Ltd. a unit of Tube Invest- 9 7.57 4.86. ments of India Limited (collectively TPI). ments of India Limited (collectively TPI). All-Others ................................................................. .................................................................................. 7.57 4.86. Consistent with section 733(b)(3) of Suspension of Liquidation Appendix I, entered, or withdrawn from the Act, the Department disregards de warehouse, for consumption on or after minimis rates and preliminarily In accordance with section 733(d)(2) the date of publication of this notice in determines that these individually of the Act, the Department will direct the Federal Register. Further, pursuant examined respondents with de minimis U.S. Customs and Border Protection to section 733(d)(1)(B) of the Act and 19 rates have not made sales of subject (CBP) to suspend liquidation of entries CFR 351.205(d), the Department will merchandise at LTFV. of subject merchandise, as described in instruct CBP to require a cash deposit 1 See Certain Cold-Drawn Mechanical Tubing of Mechanical Tubing of Carbon and Alloy Steel from and Switzerland: Scope Comments Decision Carbon and Alloy Steel from the Federal Republic India,’’ dated concurrently with, and hereby Memorandum for the Preliminary Determination’’ of Germany, India, Italy, the Republic of Korea, the adopted by, this notice (Preliminary Decision (Preliminary Scope Decision Memorandum), dated People’s Republic of China, and Switzerland: Memorandum). concurrently with this preliminary determination. Initiation of Less-Than-Fair-Value Investigations, 82 4 See Antidumping Duties; Countervailing Duties, 8 See Memorandum, ‘‘Calculations Performed for asabaliauskas on DSKBBXCHB2PROD with NOTICES FR 22491 (May 16, 2017) (Initiation Notice). Final Rule, 62 FR 27296, 27323 (May 19, 1997). Goodluck India Limited for the Preliminary 2 See Certain Cold-Drawn Mechanical tubing of 5 See Initiation Notice. Determination in the Antidumping Duty Carbon and Alloy Steel from the Federal Republic 6 ArcelorMittal Tubular Products, Michigan Investigation of Cold Drawn Mechanical Tubing,’’ of Germany, India, Italy, the Republic of Korea, the Seamless Tube, LLC, PTC Alliance Corp., Plymouth dated concurrently with this notice. People’s Republic of China, and Switzerland: Tube Co. USA, Webco Industries, Inc., and 9 See Memorandum, ‘‘Calculations Performed for Postponement of Preliminary Determination in the Zekelman Industries, Inc. (collectively, the Tube Investments of India Ltd. and Tube Products Less-Than-Fair Investigations, 82 FR 42788 petitioners). of India, (collectively, TPI) for the Preliminary (September 12, 2017). 7 See Memorandum, ‘‘Certain Cold-Drawn Determination in the Antidumping Duty 3 See Memorandum, ‘‘Decision Memorandum for Mechanical Tubing of Carbon and Alloy Steel from Investigation of Cold Drawn Mechanical Tubing,’’ the Preliminary Determination in the Less-Than- the Federal Republic of Germany, India, Italy, the dated concurrently with this notice. Fair-Value Investigation of Certain Cold-Drawn Republic of Korea, the People’s Republic of China, VerDate Sep<11>2014 18:57 Nov 21, 2017 Jkt 244001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\22NON1.SGM 22NON1

Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices 55569 equal to the estimated weighted-average subject to the provisional measures at Pursuant to 19 CFR 351.310(c), dumping margin or the estimated all- the all others rate. interested parties who wish to request a others rate, as follows: (1) The cash Should the final estimated weighted- hearing on the revised scope, limited to deposit rate for the respondents listed average dumping margin be zero or de issues raised in the scope case and above will be equal to the company- minimis for the producer/exporter rebuttal briefs, must submit a written specific estimated weighted-average combinations identified above, entries request to the Assistant Secretary for dumping margins determined in this of shipments of subject merchandise Enforcement and Compliance, U.S. preliminary determination; (2) if the from these producer/exporter Department of Commerce, separate from exporter is not a respondent identified combinations will be excluded from the the hearing on issues raised in case above, but the producer is, then the cash potential antidumping duty order. Such briefs, within five days after the date of deposit rate will be equal to the exclusions are not applicable to publication of this notice. Requests company-specific estimated weighted- merchandise exported to the United should contain the party’s name, average dumping margin established for States by these respondents in any other address, and telephone number, the that producer of the subject producer/exporter combinations or by number of participants, whether any merchandise except as explained below; third parties that sourced subject participant is a foreign national, and a and (3) the cash deposit rate for all other merchandise from the excluded list of the issues to be discussed. If a producers and exporters will be equal to producer/exporter combinations. request for a hearing is made, the the all-others estimated weighted- Department intends to hold the hearing Disclosure average dumping margin. at the U.S. Department of Commerce, The Department normally adjusts The Department intends to disclose 1401 Constitution Avenue NW., cash deposits for estimated antidumping its calculations and analysis performed Washington, DC 20230, at a time and duties by the amount of export subsidies to interested parties in this preliminary date to be determined. Parties should countervailed in a companion determination within five days of any confirm by telephone the date, time, and countervailing duty (CVD) proceeding, public announcement or, if there is no location of the hearing two days before when CVD provisional measures are in public announcement, within five days the scheduled date. effect. Accordingly, where the of the date of publication of this notice Scope comments may only be Department preliminarily made an in accordance with 19 CFR 351.224(b). included in the scope case brief and affirmative determination for scope rebuttal brief. Should this Verification countervailable export subsidies, the investigation result in an order, Department offset the estimated As provided in section 782(i)(1) of the interested parties may submit requests weighted-average dumping margin by Act, the Department intends to verify for a scope ruling after the issuance of the appropriate CVD rate. The adjusted the information relied upon in making any such order. cash deposit rate may be found in the its final determination. Case briefs or other nons-scope Preliminary Determination section Public Comment written comments may be submitted to above. Should provisional measures in the Assistant Secretary for Enforcement the companion CVD investigation expire The Department is setting different and Compliance no later than seven prior to the expiration of provisional deadlines for scope-related case and days after the date on which the last measures in this LTFV investigation, the rebuttal briefs, and case and rebuttal verification report is issued in this Department will direct CBP to begin briefs addressing all other issues. investigation. Rebuttal briefs, limited to collecting estimated antidumping duty Scope briefs may be submitted to the issues raised in case briefs, may be cash deposits unadjusted for Assistant Secretary for Enforcement and submitted no later than five days after countervailed export subsidies at the Compliance no later than five days after the deadline date for case briefs.10 time that the provisional CVD measures the publication of the preliminary AD Pursuant to 19 CFR 351.309(c)(2) and expire. These suspension of liquidation determinations for the PRC, Germany, (d)(2), parties who submit case briefs or instructions will remain in effect until India, Italy, Korea, and Switzerland in rebuttal briefs in this investigation are further notice. the Federal Register. Rebuttal scope encouraged to submit with each Because the estimated weighted- briefs, limited to issues raised in the argument: (1) A statement of the issue; average dumping margin for Goodluck scope case briefs, may be submitted no (2) a brief summary of the argument; India Limited is zero or de minimis, later than three days after the deadline and (3) a table of authorities. entries of shipments of subject for the scope case briefs. These Pursuant to 19 CFR 351.310(c), merchandise from this company will deadlines, which are based on interested parties who wish to request a not be subject to suspension of publication in the Federal Register of hearing, limited to issues raised in the liquidation or cash deposit the preliminary determinations in the case and rebuttal briefs, must submit a requirements. In such situations, the AD investigations of cold-drawn written request to the Assistant Department applies the exclusion to the mechanical tubing, apply for both the Secretary for Enforcement and provisional measures to the producer/ on-going CVD and AD investigations. Compliance, U.S. Department of exporter combination that was There is only one briefing schedule for Commerce, within 30 days after the date examined in the investigation. scope case and rebuttal briefs in the of publication of this notice. Requests Accordingly, the Department is CVD and AD investigations. For all should contain the party’s name, directing CBP not to suspend scope issues, parties must file separate address, and telephone number, the asabaliauskas on DSKBBXCHB2PROD with NOTICES liquidation of entries of subject and identical documents on the records number of participants, whether any merchandise produced and exported by of all of the ongoing CVD and AD cold- participant is a foreign national, and a Goodluck India Limited. Entries of drawn mechanical tubing investigations. list of the issues to be discussed. If a shipments of subject merchandise from No new factual information should be request for a hearing is made, the this company in any other producer/ included in scope case briefs or rebuttal Department intends to hold the hearing exporter combination, or by third scope briefs, and no proprietary at the U.S. Department of Commerce, parties that sourced subject information should be submitted in the merchandise from the excluded scope case briefs and rebuttal scope 10 See 19 CFR 351.309; see also 19 CFR 351.303 producer/exporter combination, are briefs. (for general filing requirements). VerDate Sep<11>2014 18:57 Nov 21, 2017 Jkt 244001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\22NON1.SGM 22NON1

55570 Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices 1401 Constitution Avenue NW., 135 days after the date of publication of specifications for cold-drawn tubing Washington, DC 20230, at a time and this preliminary determination, including but not limited to: date to be determined. Parties should pursuant to section 735(a)(2) of the Act. (1) American Society for Testing and Materials (ASTM) or American Society of confirm by telephone the date, time, and Mechanical Engineers (ASME) specifications International Trade Commission location of the hearing two days before ASTM A–512, ASTM A–513 Type 3 (ASME the scheduled date. Notification SA513 Type 3), ASTM A–513 Type 4 (ASME In accordance with section 733(f) of SA513 Type 4), ASTM A–513 Type 5 (ASME Postponement of Final Determination the Act, the Department will notify the SA513 Type 5), ASTM A–513 Type 6 (ASME and Extension of Provisional Measures International Trade Commission (ITC) of SA513 Type 6), ASTM A–519 (cold-finished); Section 735(a)(2) of the Act provides its preliminary determination. If the (2) SAE International (Society of that a final determination may be final determination is affirmative, the Automotive Engineers) specifications SAE postponed until not later than 135 days ITC will determine before the later of J524, SAE J525, SAE J2833, SAE J2614, SAE after the date of the publication of the J2467, SAE J2435, SAE J2613; 120 days after the date of this (3) Aerospace Material Specification (AMS) preliminary determination if, in the preliminary determination or 45 days AMS T–6736 (AMS 6736), AMS 6371, AMS event of an affirmative preliminary after the final determination whether 5050, AMS 5075, AMS 5062, AMS 6360, determination, a request for such these imports are materially injuring, or AMS 6361, AMS 6362, AMS 6371, AMS postponement is made by exporters who threaten material injury to, the U.S. 6372, AMS 6374, AMS 6381, AMS 6415; account for a significant proportion of industry. (4) United States Military Standards (MIL) exports of the subject merchandise, or in MIL–T–5066 and MIL–T–6736; the event of a negative preliminary Notification to Interested Parties (5) foreign standards equivalent to one of determination, a request for such the previously listed ASTM, ASME, SAE, This determination is issued and AMS or MIL specifications including but not postponement is made by the petitioner. published in accordance with sections limited to: Section 351.210(e)(2) of the 733(f) and 777(i)(1) of the Act and 19 (a) German Institute for Standardization Department’s regulations requires that a CFR 351.205(c). (DIN) specifications DIN 2391–2, DIN 2393– request by exporters for postponement Dated: November 15, 2017. 2, DIN 2394–2); of the final determination be (b) European Standards (EN) EN 10305–1, Gary Taverman, EN 10305–2, EN 10305–3, EN 10305–4, EN accompanied by a request for extension of provisional measures from a four- Deputy Assistant Secretary for Antidumping 10305–6 and European national variations on and Countervailing Duty Operations those standards (e.g., British Standard (BS month period to a period not more than performing the non-exclusive functions and EN), Irish Standard (IS EN) and German six months in duration. duties of the Assistant Secretary for Standard (DIN EN) variations, etc.); On October 31, 2017 and November Enforcement and Compliance. (c) Japanese Industrial Standard (JIS) JIS G 12, 2017 Goodluck and TPI, pursuant to 3441 and JIS G 3445; and 19 CFR 351.210(e) and 19 CFR Appendix I (6) proprietary standards that are based on 351.210(b)(2)(ii), respectively requested Scope of the Investigation one of the above-listed standards. that the Department postpone the final The subject cold-drawn mechanical tubing The scope of this investigation covers cold- may also be dual or multiple certified to determination.11 On November 13, drawn mechanical tubing of carbon and alloy 2017, pursuant to 19 CFR 351.210(e), more than one standard. Pipe that is multiple steel (cold-drawn mechanical tubing) of certified as cold-drawn mechanical tubing the petitioners also requested that the circular cross-section, 304.8 mm or more in and to other specifications not covered by Department postpone the final length, in actual outside diameters less than this scope, is also covered by the scope of determination and that provisional 331 mm, and regardless of wall thickness, this investigation when it meets the physical measures be extended to a period not to surface finish, end finish or industry description set forth above. exceed six months.12 In accordance with specification. The subject cold-drawn Steel products included in the scope of this section 735(a)(2)(A) of the Act and 19 mechanical tubing is a tubular product with investigation are products in which: (1) Iron CFR 351.210(b)(2)(ii), because: (1) The a circular cross-sectional shape that has been predominates, by weight, over each of the cold-drawn or otherwise cold-finished after other contained elements; and (2) the carbon preliminary determination is the initial tube formation in a manner that content is 2 percent or less by weight. affirmative, in part; (2) the requesting involves a change in the diameter or wall exporter accounts for a significant For purposes of this scope, the place of thickness of the tubing, or both. The subject cold-drawing determines the country of proportion of exports of the subject cold-drawn mechanical tubing may be origin of the subject merchandise. Subject merchandise; and (3) no compelling produced from either welded (e.g., electric merchandise that is subject to minor working reasons for denial exist, the Department resistance welded, continuous welded, etc.) in a third country that occurs after drawing is postponing the final determination or seamless (e.g., pierced, pilgered or in one of the subject countries including, but and extending the provisional measures extruded, etc.) carbon or alloy steel tubular not limited to, heat treatment, cutting to from a four-month period to a period products. It may also be heat treated after length, straightening, nondestruction testing, not greater than six months. cold working. Such heat treatments may deburring or chamfering, remains within the include, but are not limited to, annealing, scope of this investigation. Accordingly, the Department will make normalizing, quenching and tempering, stress All products that meet the written physical its final determination by no later than relieving or finish annealing. Typical cold- description are within the scope of this drawing methods for subject merchandise investigation unless specifically excluded or 11 See Letter from Goodluck, ‘‘Goodluck Request include, but are not limited to, drawing over covered by the scope of an existing order. to Extend the Final Determination: Antidumping mandrel, rod drawing, plug drawing, sink Merchandise that meets the physical Duty Investigation on Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from drawing and similar processes that involve description of cold-drawn mechanical tubing asabaliauskas on DSKBBXCHB2PROD with NOTICES India (A–533–873),’’ dated October 31, 2017; see reducing the outside diameter of the tubing above is within the scope of the investigation also Letter from TPI, ‘‘Certain Cold-Drawn with a die or similar device, whether or not even if it is also dual or multiple certified to Mechanical Tubing of Carbon and Alloy Steel from controlling the inside diameter of the tubing an otherwise excluded specification listed India: Request for Extension to Section ABC with an internal support device such as a below. The following products are outside of, Supplemental Questionnaire,’’ dated mandrel, rod, plug or similar device. Other and/or specifically excluded from, the scope 12 See Letter from the petitioners, ‘‘Certain Cold- cold-finishing operations that may be used to of this investigation: Drawn Mechanical Tubing of Carbon and Alloy Steel from China, Germany, India, Italy, Korea and produce subject merchandise include cold- (1) Cold-drawn stainless steel tubing, Switzerland—Petitioners’ Comments Regarding rolling and cold-sizing the tubing. containing 10.5 percent or more of chromium Extension of the Final Determination,’’ dated Subject cold-drawn mechanical tubing is by weight and not more than 1.2 percent of November 13, 2017. typically certified to meet industry carbon by weight; VerDate Sep<11>2014 18:57 Nov 21, 2017 Jkt 244001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\22NON1.SGM 22NON1

Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices 55571 (2) products certified to one or more of the DEPARTMENT OF COMMERCE included in the Preliminary Decision ASTM, ASME or American Petroleum Memorandum is included as Appendix Institute (API) specifications listed below: International Trade Administration II to this notice. The Preliminary • ASTM A–53; Decision Memorandum is a public [A–441–801] • ASTM A–106; document and is on file electronically • ASTM A–179 (ASME SA 179); Cold-Drawn Mechanical Tubing From via Enforcement and Compliance’s • ASTM A–192 (ASME SA 192); Antidumping and Countervailing Duty Switzerland: Preliminary Affirmative • ASTM A–209 (ASME SA 209); Centralized Electronic Service System • ASTM A–210 (ASME SA 210); Determination of Sales at Less Than Fair Value and Postponement of Final (ACCESS). ACCESS is available to • ASTM A–213 (ASME SA 213); Determination, and Extension of registered users at https:// • ASTM A–334 (ASME SA 334); • ASTM A–423 (ASME SA 423); Provisional Measures access.trade.gov, and to all parties in the • ASTM A–498; Central Records Unit, room B8024 of the AGENCY: Enforcement and Compliance, main Department of Commerce • ASTM A–496 (ASME SA 496); • ASTM A–199; International Trade Administration, building. In addition, a complete • ASTM A–500; Department of Commerce. version of the Preliminary Decision • ASTM A–556; SUMMARY: The Department of Commerce Memorandum can be accessed directly • ASTM A–565; (the Department) preliminarily at http://enforcement.trade.gov/frn/. • API 5L; and determines that certain cold-drawn The signed and the electronic versions • API 5CT mechanical tubing of carbon and alloy of the Preliminary Decision except that any cold-drawn tubing product steel (cold-drawn mechanical tubing) Memorandum are identical in content. certified to one of the above excluded from Switzerland is being, or is likely to Scope of the Investigation specifications will not be excluded from the be, sold in the United States at less than scope if it is also dual- or multiple-certified fair value (LTFV). The period of The product covered by this to any other specification that otherwise investigation (POI) is April 1, 2016, investigation is cold-drawn mechanical would fall within the scope of this through March 31, 2017. tubing from Switzerland. For a complete investigation. description of the scope of this The products subject to the investigation DATES: Applicable November 22, 2017. investigation, see Appendix I. are currently classified in the Harmonized FOR FURTHER INFORMATION CONTACT: Tariff Schedule of the United States (HTSUS) Laurel LaCivita, AD/CVD Operations, Scope Comments under item numbers: 7304.31.3000, Office III or Amanda Brings, AD/CVD In accordance with the preamble to 7304.31.6050, 7304.51.1000, 7304.51.5005, Operations, Office V, Enforcement and the Department’s regulations,4 the 7304.51.5060, 7306.30.5015, 7306.30.5020, Compliance, International Trade Initiation Notice set aside a period of 7306.50.5030. Subject merchandise may also Administration, U.S. Department of time for parties to raise issues regarding enter under numbers 7306.30.1000 and Commerce, 1401 Constitution Avenue product coverage (i.e., scope).5 Certain 7306.50.1000. The HTSUS subheadings NW., Washington, DC 20230; telephone: above are provided for convenience and interested parties commented on the (202) 482–4243 or (202) 482–3927, scope of the investigation as it appeared customs purposes only. The written description of the scope of the investigation respectively. in the Initiation Notice. For a summary is dispositive. SUPPLEMENTARY INFORMATION: of the product coverage comments and rebuttal responses submitted to the Appendix II Background record for this preliminary List of Topics Discussed in the Preliminary This preliminary determination is determination, and accompanying Decision Memorandum made in accordance with section 733(b) discussion and analysis of all comments I. Summary of the Tariff Act of 1930, as amended timely received, see the Preliminary II. Background (the Act). The Department published the Scope Decision Memorandum.6 The III. Period of Investigation notice of initiation of this investigation Department is preliminarily modifying IV. Scope Comments on May 16, 2017.1 On September 12, the scope language as it appeared in the V. Discussion of the Methodology 2017, the Department postponed the Initiation Notice. See the revised scope A. Determination of the Comparison preliminary determination of this in Appendix I to this notice. Method investigation until November 15, 2017.2 B. Results of the Differential Pricing Methodology For a complete description of the events Analysis that followed the initiation of this The Department is conducting this VI. Date of Sale investigation in accordance with section investigation, see the Preliminary VII. Product Comparisons 731 of the Act. Export prices were VIII. Export Price and Constructed Export Decision Memorandum.3 A list of topics calculated in accordance with section Price 1 See Certain Cold-Drawn Mechanical Tubing of 772(a) of the Act. Constructed export IX. Normal Value prices were calculated in accordance Carbon and Alloy Steel from the Federal Republic A. Home Market Viability of Germany, India, Italy, the Republic of Korea, the with section 772(b) of the Act. Normal B. Level of Trade People’s Republic of China, and Switzerland: C. Cost of Production (COP) Analysis Initiation of Less-Than-Fair-Value Investigations, 82 value (NV) was calculated in accordance 1. Calculation of COP FR 22491 (May 16, 2017) (Initiation Notice). 2. Test of Comparison Market Sales Prices 2 See Certain Cold-Drawn Mechanical Tubing of adopted by, this notice (Preliminary Decision Memorandum). asabaliauskas on DSKBBXCHB2PROD with NOTICES 3. Results of the COP Test Carbon and Alloy Steel from the Federal Republic 4 See Antidumping Duties; Countervailing Duties, of Germany, India, Italy, the Republic of Korea, the D. Calculation of NV Based on Comparison Final Rule, 62 FR 27296, 27323 (May 19, 1997). People’s Republic of China, and Switzerland: Market Prices Postponement of Preliminary Determinations in the 5 See Initiation Notice. E. Calculation of NV Based on Constructed Less-Than-Fair-Value Investigations, 82 FR 42788 6 See Memorandum, ‘‘Certain Cold-Drawn Value (September 12, 2017). Mechanical Tubing of Carbon and Alloy Steel X. Currency Conversion 3 See Memorandum, ‘‘Decision Memorandum for (Cold-Drawn Mechanical Tubing) from Full Country XI. Conclusion the Preliminary Determination in the Less-Than- Name: Scope Comments Decision Memorandum for Fair-Value Investigation of Certain Cold-Drawn the Preliminary Determination’’ (Preliminary Scope [FR Doc. 2017–25292 Filed 11–21–17; 8:45 am] Mechanical Tubing of Carbon and Alloy Steel from Decision Memorandum), dated concurrently with BILLING CODE 3510–DS–P Switzerland’’ dated concurrently with, and hereby this preliminary determination. VerDate Sep<11>2014 18:57 Nov 21, 2017 Jkt 244001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\22NON1.SGM 22NON1


Document Created: 2017-11-22 00:49:05
Document Modified: 2017-11-22 00:49:05
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
DatesApplicable November 22, 2017.
ContactSusan Pulongbarit or Omar Qureshi, 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) 482-4031 or (202) 482-5307, respectively.
FR Citation82 FR 55567 
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