82 FR 55571 - Cold-Drawn Mechanical Tubing From Switzerland: Preliminary Affirmative Determination of Sales at Less Than Fair Value and 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 | 55571-55574 | |
| FR Document | 2017-25293 |
[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)] [Notices] [Pages 55571-55574] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25293] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-441-801] Cold-Drawn Mechanical Tubing From Switzerland: Preliminary Affirmative Determination of Sales at Less Than Fair Value and 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 Switzerland 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: Laurel LaCivita, AD/CVD Operations, Office III or Amanda Brings, 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) 482-4243 or (202) 482-3927, 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 in the Less-Than-Fair-Value Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from Switzerland'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is cold-drawn mechanical tubing from Switzerland. 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 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, Final Rule, 62 FR 27296, 27323 (May 19, 1997). \5\ See Initiation Notice. \6\ See Memorandum, ``Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel (Cold-Drawn Mechanical Tubing) from Full Country Name: Scope Comments Decision Memorandum for the Preliminary Determination'' (Preliminary Scope Decision Memorandum), dated concurrently with this preliminary determination. --------------------------------------------------------------------------- Methodology The Department is conducting this investigation in accordance with section 731 of the Act. Export prices were calculated in accordance with section 772(a) of the Act. Constructed export prices were calculated in accordance with section 772(b) of the Act. Normal value (NV) was calculated in accordance [[Page 55572]] with section 773 of the Act. In addition, the Department has relied on partial facts available under section 776(a)(1) of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum.\7\ --------------------------------------------------------------------------- \7\ See the Preliminary Decision Memorandum. --------------------------------------------------------------------------- All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination the Department shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. In this investigation, the Department calculated estimated weighted-average dumping margins for Benteler Rothrist and Mubea that are not zero, de minimis, or based entirely on facts otherwise available. The Department calculated the all-others rate using a weighted average of the estimated weighted-average dumping margins calculated for the examined respondents using each company's publicly- ranged values for the merchandise under consideration.\8\ --------------------------------------------------------------------------- \8\ With two respondents under examination, the Department normally calculates (A) a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents; (B) a simple average of the estimated weighted-average dumping margins calculated for the examined respondents; and (C) a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents using each company's publicly-ranged U.S. sale quantities for the merchandise under consideration. The Department then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). As complete publicly ranged sales data was available, the Department based the all-others rate on the publicly ranged sales data of the mandatory respondents. For a complete analysis of the data, please see the All-Others' Rate Calculation Memorandum. --------------------------------------------------------------------------- Preliminary Determination The Department preliminarily determines that the following estimated weighted-average dumping margins exist: ------------------------------------------------------------------------ Estimated weighted- Exporter/producer average dumping margin (percent) ------------------------------------------------------------------------ Benteler Rothrist AG (Benteler Rothrist)................ 34.15 Mubea Pr[auml]zisionsstahlrohr AG (MPST)................ 68.59 All-Others.............................................. 36.17 ------------------------------------------------------------------------ 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. Disclosure The Department intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, the Department intends to verify the information relied upon in making its final determination. Public Comment The Department is setting different deadlines for scope-related case and rebuttal briefs, and case and rebuttal briefs addressing all other issues. Scope briefs may be submitted to the Assistant Secretary for Enforcement and Compliance no later than five days after the publication of the preliminary AD determinations for the PRC, Germany, India, Italy, Korea, and Switzerland in the Federal Register. Rebuttal scope briefs, limited to issues raised in the scope case briefs, may be submitted no later than three days after the deadline for the scope case briefs. These deadlines, which are based on publication in the Federal Register of the preliminary determinations in the AD investigations of cold-drawn mechanical tubing, apply for both the on- going CVD and AD investigations. There is only one briefing schedule for scope case and rebuttal briefs in the CVD and AD investigations. For all scope issues, parties must file separate and identical documents on the records of all of the ongoing CVD and AD cold-drawn mechanical tubing investigations. No new factual information should be included in scope case briefs or rebuttal scope briefs, and no proprietary information should be submitted in the scope case briefs and rebuttal scope briefs. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing on the revised scope, limited to issues raised in the scope case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, separate from the hearing on issues raised in case briefs, within five days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Scope comments may only be included in the scope case brief and scope rebuttal brief. Should this investigation result in an order, interested parties may submit requests for a scope ruling after the issuance of any such order. Case briefs or other non-scope written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation, unless the Secretary alters the time limit. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after [[Page 55573]] the deadline date for case briefs.\9\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. --------------------------------------------------------------------------- \9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of the Department's regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On October 24, 2017, pursuant to 19 CFR 351.210(e), Benteler Rothrist requested the Department to postpone the final determination and that provisional measures be extended to a period not to exceed six months.\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; (3) the petitioners support Benteler Rothrist's extension request; \11\ and (4) no compelling reasons for denial exist, the Department is postponing the final determination and extending the provisional measures from a four- month period to a period not greater than six months. Accordingly, the Department will make its final determination no later than 135 days after the date of publication of this preliminary determination. --------------------------------------------------------------------------- \10\ See Benteler Rothrist's letter, ``Antidumping Duty Investigation of Cold-Drawn Mechanical Tubing from Switzerland: Request for Postponement of Final Determination and Provisional Measures Period,'' dated October 24, 2017 (Benteler Rothrist's Extension Request). \11\ See the petitioners' letter, ``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 Deadline,'' dated November 13, 2017 (Petitioners' Extension Request). --------------------------------------------------------------------------- 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 [[Page 55574]] 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. 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. 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 E. Calculation of NV Based on Comparison Market Prices X. Applications of Facts Available XI. Currency Conversion XII. Conclusion [FR Doc. 2017-25293 Filed 11-21-17; 8:45 am] BILLING CODE 3510-DS-P
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(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](https://thefederalregister.org/doc/82_FR_55795/page/1.svg)
![55574 Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices
origin of the subject merchandise. Subject B. Results of the Differential Pricing on May 16, 2017.1 On September 12,
merchandise that is subject to minor working Analysis 2017, the Department postponed the
in a third country that occurs after drawing VI. Date of Sale preliminary determination of this
in one of the subject countries including, but VII. Product Comparisons investigation until November 15, 2017.2
not limited to, heat treatment, cutting to VIII. Export Price and Constructed Export
length, straightening, nondestruction testing, Price
For a complete description of the events
deburring or chamfering, remains within the IX. Normal Value that followed the initiation of this
scope of this investigation. A. Home Market Viability investigation, see the Preliminary
All products that meet the written physical B. Affiliated-Party Transactions and Arm’s- Decision Memorandum.3 A list of topics
description are within the scope of this Length Test included in the Preliminary Decision
investigation unless specifically excluded or C. Level of Trade Memorandum is included as Appendix
covered by the scope of an existing order. D. Cost of Production (COP) Analysis II to this notice. The Preliminary
Merchandise that meets the physical 1. Calculation of COP Decision Memorandum is a public
description of cold-drawn mechanical tubing 2. Test of Comparison Market Sales Prices
above is within the scope of the investigation document and is on file electronically
3. Results of the COP Test
even if it is also dual or multiple certified to E. Calculation of NV Based on Comparison
via Enforcement and Compliance’s
an otherwise excluded specification listed Market Prices Antidumping and Countervailing Duty
below. The following products are outside of, X. Applications of Facts Available Centralized Electronic Service System
and/or specifically excluded from, the scope XI. Currency Conversion (ACCESS). ACCESS is available to
of this investigation: XII. Conclusion registered users at https://
(1) Cold-drawn stainless steel tubing, [FR Doc. 2017–25293 Filed 11–21–17; 8:45 am] access.trade.gov, and to all parties in the
containing 10.5 percent or more of chromium Central Records Unit, Room B8024 of
BILLING CODE 3510–DS–P
by weight and not more than 1.2 percent of the main Department of Commerce
carbon by weight;
building. In addition, a complete
(2) products certified to one or more of the
ASTM, ASME or American Petroleum DEPARTMENT OF COMMERCE version of the Preliminary Decision
Institute (API) specifications listed below: Memorandum can be accessed directly
• ASTM A–53; International Trade Administration at http://enforcement.trade.gov/frn/.
• ASTM A–106; The signed and the electronic versions
• ASTM A–179 (ASME SA 179); [A–570–058] of the Preliminary Decision
• ASTM A–192 (ASME SA 192); Memorandum are identical in content.
• ASTM A–209 (ASME SA 209); Certain Cold-Drawn Mechanical Tubing
• ASTM A–210 (ASME SA 210); of Carbon and Alloy Steel From the Scope of the Investigation
• ASTM A–213 (ASME SA 213); People’s Republic of China: The product covered by this
• ASTM A–334 (ASME SA 334); Preliminary Affirmative Determination investigation is cold-drawn mechanical
• ASTM A–423 (ASME SA 423); of Sales at Less-Than-Fair Value and tubing from the PRC. For a complete
• ASTM A–498; Preliminary Affirmative Determination
• ASTM A–496 (ASME SA 496);
description of the scope of this
of Critical Circumstances, in Part, and investigation, see Appendix I.
• ASTM A–199; Postponement of Final Determination
• ASTM A–500; Scope Comments
• ASTM A–556; AGENCY: Enforcement and Compliance,
• ASTM A–565; In accordance with the preamble to
International Trade Administration,
• API 5L; and the Department’s regulations,4 the
Department of Commerce.
• API 5CT Initiation Notice set aside a period of
SUMMARY: The Department of Commerce time for parties to raise issues regarding
except that any cold-drawn tubing product
certified to one of the above excluded (the Department) preliminarily product coverage (i.e., scope).5 Certain
specifications will not be excluded from the determines that certain cold-drawn interested parties commented on the
scope if it is also dual- or multiple-certified mechanical tubing of carbon and alloy scope of the investigation as it appeared
to any other specification that otherwise steel (cold-drawn mechanical tubing) in the Initiation Notice, as well as
would fall within the scope of this from the People’s Republic of China additional language proposed by the
investigation. (PRC) is being sold in the United States
The products subject to the investigation petitioners.6 For a summary of the
at less than fair value (LTFV). The
are currently classified in the Harmonized
period of investigation (POI) is October 1 See Certain Cold-Drawn Mechanical Tubing of
Tariff Schedule of the United States (HTSUS)
under item numbers: 7304.31.3000, 1, 2016, through March 31, 2017. Carbon and Alloy Steel from the People’s Republic
of China: Initiation of Less-Than-Fair-Value
7304.31.6050, 7304.51.1000, 7304.51.5005, DATES: Applicable November 22, 2017.
Investigation, 82 FR 22491 (May 16, 2017)
7304.51.5060, 7306.30.5015, 7306.30.5020, FOR FURTHER INFORMATION CONTACT: (Initiation Notice).
7306.50.5030. Subject merchandise may also Keith Haynes or Paul Stolz, AD/CVD 2 See Certain Cold-Drawn Mechanical Tubing of
enter under numbers 7306.30.1000 and Carbon and Alloy Steel from the Federal Republic
Operations, Office III, Enforcement and
7306.50.1000. The HTSUS subheadings of Germany, India, Italy, the Republic of Korea, the
above are provided for convenience and Compliance, International Trade People’s Republic of China, and Switzerland:
customs purposes only. The written Administration, U.S. Department of Postponement of Preliminary Determinations in the
description of the scope of the investigation Commerce, 1401 Constitution Avenue Less-Than-Fair-Value Investigations, 82 FR 42788
NW., Washington, DC 20230; telephone: (September 12, 2017).
is dispositive. 3 See ‘‘Decision Memorandum for Preliminary
(202) 482–5139 or (202) 482–4474, Determination for the Antidumping Duty
Appendix II respectively. Investigation of Certain Cold-Drawn Mechanical
asabaliauskas on DSKBBXCHB2PROD with NOTICES
List of Topics Discussed in the Preliminary Tubing of Carbon and Alloy Steel from the People’s
SUPPLEMENTARY INFORMATION:
Decision Memorandum Republic of China,’’ dated concurrently with, and
Background hereby adopted by, this notice (Preliminary
I. Summary Decision Memorandum).
II. Background This preliminary determination is 4 See Antidumping Duties; Countervailing Duties,
III. Period of Investigation 62 FR 27296, 27323 (May 19, 1997).
made in accordance with section 733(b)
IV. Scope Comments 5 See Initiation Notice, 82 FR at 22492.
V. Discussion of the Methodology of the Tariff Act of 1930, as amended 6 ArcelorMittal Tubular Products, Michigan
A. Determination of the Comparison (the Act). The Department published the Seamless Tube, LLC, PTC Alliance Corp., Plymouth
Method notice of initiation of this investigation Tube Co. USA, Webco Industries, Inc., and
VerDate Sep<11>2014 18:57 Nov 21, 2017 Jkt 244001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\22NON1.SGM 22NON1](https://thefederalregister.org/doc/82_FR_55795/page/4.svg)
Document Created: 2017-11-22 00:48:57
Document Modified: 2017-11-22 00:48:57
| 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 | Laurel LaCivita, AD/CVD Operations, Office III or Amanda Brings, 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) 482-4243 or (202) 482-3927, respectively. | |
| FR Citation | 82 FR 55571 |
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