82_FR_55798 82 FR 55574 - Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less-Than-Fair Value and Preliminary Affirmative Determination of Critical Circumstances, in Part, and Postponement of Final Determination

82 FR 55574 - Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less-Than-Fair Value and Preliminary Affirmative Determination of Critical Circumstances, in Part, and Postponement of Final Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 224 (November 22, 2017)

Page Range55574-55578
FR Document2017-25294

The Department of Commerce (the Department) preliminarily determines that certain cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from the People's Republic of China (PRC) is being sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 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 55574-55578]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25294]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-058]


Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel 
From the People's Republic of China: Preliminary Affirmative 
Determination of Sales at Less-Than-Fair Value and Preliminary 
Affirmative Determination of Critical Circumstances, in Part, and 
Postponement of Final Determination

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 the People's Republic 
of China (PRC) is being sold in the United States at less than fair 
value (LTFV). The period of investigation (POI) is October 1, 2016, 
through March 31, 2017.

DATES: Applicable November 22, 2017.

FOR FURTHER INFORMATION CONTACT: Keith Haynes or Paul Stolz, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-5139 or (202) 482-4474, 
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.
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    \1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel from the People's Republic of China: Initiation of Less-Than-
Fair-Value Investigation, 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 ``Decision Memorandum for Preliminary Determination for 
the Antidumping Duty Investigation of Certain Cold-Drawn Mechanical 
Tubing of Carbon and Alloy Steel from the People's Republic of 
China,'' 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 the PRC. 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

[[Page 55575]]

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, 62 FR 27296, 
27323 (May 19, 1997).
    \5\ See Initiation Notice, 82 FR at 22492.
    \6\ ArcelorMittal Tubular Products, Michigan Seamless Tube, LLC, 
PTC Alliance Corp., Plymouth Tube Co. USA, Webco Industries, Inc., 
and Zekelman Industries, Inc. (collectively, the petitioners).
    \7\ See Memorandum, ``Certain Cold-Drawn Mechanical Tubing of 
Carbon and Alloy Steel from the Federal Republic of Germany, India, 
Italy, the Republic of Korea, the People's Republic of China, and 
Switzerland: Scope Comments Decision Memorandum for the Preliminary 
Determination'' (Preliminary Scope Decision Memorandum), dated 
concurrently with this preliminary determination.
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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. Because the PRC is a non-market economy 
within the meaning of section 771(18) of the Act, normal value (NV) was 
calculated in accordance with section 773(c) of the Act. For a full 
description of the methodology underlying our determinations, see the 
Preliminary Decision Memorandum.

Preliminary Affirmative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206, 
the Department preliminarily determines that critical circumstances 
exist with respect to imports of cold-drawn mechanical tubing from the 
PRC for mandatory respondent Jiangsu Hongyi Steel Pipe Co., Ltd. 
(Hongyi), the separate-rate companies,\8\ and the PRC-wide entity, but 
do not exist for mandatory respondent Zhangjiagang Huacheng Import & 
Export Co., Ltd. (Huacheng). For a full description of the methodology 
and results of the Department's critical circumstances analysis, see 
the Preliminary Decision Memorandum.
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    \8\ Anji Pengda Steel Pipe Co., Ltd., Changshu Fushilai Steel 
Pipe Co., Ltd., Changshu Special Shaped Steel Tube Co., Ltd., 
Zhejiang Dingxin Steel Tube Manufacturing Co., Ltd, Suzhou Foster 
International, Hongyi, Zhangjiagang Shengdingyuan Pipe-Making Co., 
Ltd., Wuxi Huijin International Trade Co., Ltd., and Zhejiang Minghe 
Steel.
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Use of Adverse Facts Available

    The Department preliminarily determines that Hongyi and the PRC-
wide entity, which includes certain PRC exporters and/or producers that 
did not respond to the Department's requests for information, withheld 
information requested by the Department and significantly impeded this 
proceeding by not submitting requested information. Specifically, all 
companies within the PRC-wide entity that failed to respond to the 
Department's request for quantity and value (Q&V) information failed to 
provide requested information, impeding the Department's 
investigation.\9\ Furthermore, the Department finds that the PRC-wide 
entity's lack of participation, including the failure of certain parts 
of the PRC-wide entity to submit Q&V information, constitutes 
circumstances under which it is reasonable to conclude that the PRC-
wide entity as a whole failed to cooperate to the best of its ability 
to comply with the Department's request for information.\10\ 
Additionally, the Department finds that the use of facts available with 
adverse inferences is warranted for Hongyi. For further discussion, see 
the Preliminary Decision Memorandum.
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    \9\ Id.
    \10\ See Nippon Steel Corporation v. United States, 337 F.3d 
1373, 1383 (Fed. Cir. 2003) (noting that the Department need not 
show intentional conduct existed on the part of the respondent, but 
merely that a ``failure to cooperate to the best of a respondent's 
ability'' existed (i.e., information was not provided ``under 
circumstances in which it is reasonable to conclude that less than 
full cooperation has been shown.'')).
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    Therefore, we preliminarily find that an adverse inference is 
warranted in selecting from among the facts otherwise available with 
respect to the PRC-wide entity and Hongyi in accordance with sections 
776(a) and 776(b) of the Act and 19 CFR 351.308(a). As adverse facts 
available, we have preliminarily assigned the PRC-wide entity and 
Hongyi a rate of 186.89 percent. Further, with respect to critical 
circumstances, we have preliminarily determined, based on adverse facts 
available, that the PRC-wide entity and Hongyi dumped ``massive 
imports'' over a ``relatively short period.'' For further explanation 
and analysis, see the Preliminary Decision Memorandum.

Combination Rates

    In the Initiation Notice,\11\ the Department stated that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation. Policy Bulletin 
05.1 describes this practice.\12\
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    \11\ See Initiation Notice.
    \12\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination

    The Department preliminarily determines that the following 
estimated weighted-average dumping margins exist:

 
----------------------------------------------------------------------------------------------------------------
                                                                                                   Cash deposit
                                                                                     Weighted-     adjusted for
                   Producer                                 Exporter              average margin  subsidy offset
                                                                                     (percent)       (percent)
----------------------------------------------------------------------------------------------------------------
Jiangsu Hongyi Steel Pipe Co., Ltd............  Jiangsu Hongyi Steel Pipe Co.,            186.89          186.89
                                                 Ltd.
Zhangjiagang Huacheng Import & Export Co., Ltd  Zhangjiagang Huacheng Import &             61.59           61.57
                                                 Export Co., Ltd.
Anji Pengda Steel Pipe Co., Ltd...............  Anji Pengda Steel Pipe Co., Ltd.           61.59           61.58
Changshu Fushilai Steel Pipe Co., Ltd.........  Changshu Fushilai Steel Pipe               61.59           61.58
                                                 Co., Ltd.
Changshu Special Shaped Steel Tube Co., Ltd...  Changshu Special Shaped Steel              61.59           61.58
                                                 Tube Co., Ltd.
Jiangsu Liwan Precision Tube Manufacturing      Suzhou Foster International Co.,           61.59           61.58
 Co., Ltd.                                       Ltd.
Zhangjiagang Precision Tube Manufacturing Co.,  Suzhou Foster International Co.,           61.59           61.58
 Ltd. (Zhangjiangang Tube).                      Ltd.
Wuxi Dajin High-Precision Cold-Drawn Steel      Wuxi Huijin International Trade            61.59           61.58
 Tube Co., Ltd.                                  Co., Ltd.
Zhangjiagang Shengdingyuan Pipe-Making Co.,     Zhangjiagang Shengdingyuan Pipe-           61.59           61.58
 Ltd.                                            Making Co., Ltd.
Zhejiang Minghe Steel Pipe Co., Ltd...........  Zhejiang Minghe Steel Pipe Co.,            61.59           61.58
                                                 Ltd.
Zhejiang Dingxin Steel Tube Manufacturing Co.,  Zhejiang Dingxin Steel Tube                61.59           61.58
 Ltd.                                            Manufacturing Co., Ltd.
PRC-Wide Entity...............................  ................................          186.89          186.89
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[[Page 55576]]

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 subject merchandise as described in the scope of the 
investigation section entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice in the 
Federal Register, as discussed below. 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 weighted average 
amount by which normal value exceeds U.S. price, as indicated in the 
chart above as follows: (1) For the producer/exporter combinations 
listed in the table above, the cash deposit rate is equal to the 
estimated weighted-average dumping margin listed for that combination 
in the table; (2) for all combinations of PRC producers/exporters of 
merchandise under consideration that have not established eligibility 
for their own separate rates, the cash deposit rate will be equal to 
the estimated weighted-average dumping margin established for the PRC-
wide entity; and (3) for all third-county exporters of merchandise 
under consideration not listed in the table above, the cash deposit 
rate is the cash deposit rate applicable to the PRC producer/exporter 
combination (or the PRC-wide entity) that supplied that third-country 
exporter
    Section 733(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of (a) 
the date which is 90 days before the date on which the suspension of 
liquidation was first ordered, or (b) the date on which notice of 
initiation of the investigation was published. The Department 
preliminarily finds that critical circumstances exist for imports of 
cold-drawn mechanical tubing from the PRC from the following producer/
exporter combinations: Jiangsu Hongyi Steel Pipe Co., Ltd./Jiangsu 
Hongyi Steel Pipe Co., Ltd., the separate rate respondents, and the 
PRC-wide entity. In accordance with section 733(e)(2)(A) of the Act, 
the suspension of liquidation shall apply to unliquidated entries of 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the date which is 90 days before the publication of this notice.
    To determine the cash deposit rate, the Department normally adjusts 
the estimated weighted-average dumping margin by the amount of domestic 
subsidy pass-through and export subsidies determined in a companion CVD 
proceeding when CVD provisional measures are in effect. Accordingly, 
where the Department has made a preliminary affirmative determination 
for domestic subsidy pass-through or export subsidies, the Department 
has offset the calculated estimated weighted-average dumping margin by 
the appropriate rate(s). Any such adjusted rates may be found in the 
Preliminary Determination Section's chart of estimated weighted-average 
dumping margins 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 cash 
deposits at a rate equal to the estimated weighted-average dumping 
margins calculated in this preliminary determination unadjusted for the 
passed-through domestic subsidies or for export subsidies at the time 
the CVD provisional measures expire.
    These suspension of liquidation instructions will remain in effect 
until further notice.

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 
Petitioners. 19 CFR 351.210(e)(2) requires that requests by respondents 
for postponement of a final antidumping 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 27, 2017, and October 30, 2017, respectively, pursuant 
to 19 CFR 351.210(b) and (e), Hongyi and Huacheng requested that, 
contingent upon an affirmative preliminary determination of sales at 
LTFV for the respondents, the Department postpone the final 
determination and that provisional measures be extended to a period not 
to exceed six months.\13\
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    \13\ See Hongyi's letter, ``Hongyi's Request to Extend the Final 
Determination: Antidumping Duty Investigation of Certain Cold-Drawn 
Mechanical Tubing of Carbon and Alloy Steel from the People's 
Republic of China (A-570-058),'' dated October 27, 2017; also see 
Huacheng's letter, ``Certain Cold-Drawn Mechanical Tubing of Carbon 
and Alloy Steel from the People's Republic of China: Request to 
Extend the Final Determination,'' dated October 30, 2017.
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    In accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because (1) our preliminary determination is 
affirmative; (2) the requesting exporter accounts for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, we are postponing the final determination and 
extending the provisional measures from a four-month period to a period 
not greater than six months. Accordingly, we will make our final 
determination no later than 135 days after the date of publication of 
this preliminary determination, pursuant to section 735(a)(2) of the 
Act.\14\
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    \14\ See also 19 CFR 351.210(e).
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Disclosure

    The Department intends to disclose to interested parties the 
calculations performed in connection with this preliminary 
determination within five days of its 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).

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

[[Page 55577]]

information should be submitted in the scope case briefs and rebuttal 
scope briefs. Pursuant to 19 CFR 351.310(c), interested parties who 
wish to request a hearing on the revised scope, limited to issues 
raised in the scope case and rebuttal briefs, must submit a written 
request to the Assistant Secretary for Enforcement and Compliance, U.S. 
Department of Commerce, separate from the hearing on issues raised in 
case briefs, within five days after the date of publication of this 
notice. Requests should contain the party's name, address, and 
telephone number, the number of participants, whether any participant 
is a foreign national, and a list of the issues to be discussed. If a 
request for a hearing is made, the Department intends to hold the 
hearing at the U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230, at a time and date to be determined. Parties 
should confirm by telephone the date, time, and location of the hearing 
two days before the scheduled date.
    Scope comments may only be included in the scope case brief and 
scope rebuttal brief. Should this investigation result in an order, 
interested parties may submit requests for a scope ruling after the 
issuance of any such order.
    Case briefs or other non-scope written comments may be submitted to 
the Assistant Secretary for Enforcement and Compliance no later than 
seven days after the date on which the last verification report is 
issued in this investigation, unless the Secretary alters the time 
limit. Rebuttal briefs, limited to issues raised in case briefs, may be 
submitted no later than five days after the deadline date for case 
briefs.\15\ 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.
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    \15\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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International Trade Commission Notification

    In accordance with section 733(f) of the Act, the Department will 
notify the ITC of our preliminary affirmative determination of sales at 
LTFV. 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 date of this preliminary 
determination or 45 days after the final determination whether imports 
of the subject merchandise 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

[[Page 55578]]

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. Selection of Respondents
VI. Preliminary Affirmative Determination of Critical Circumstances, 
in Part
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Adjustment for Countervailable Export Subsidies
X. Adjustment Under Section 777A(f) of the Act
XI. Postponement of Preliminary Determination
XII. Verification
XIII. U.S. International Trade Commission Notification
XIV. Conclusion

[FR Doc. 2017-25294 Filed 11-21-17; 8:45 am]
BILLING CODE 3510-DS-P

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

Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices 55575 product coverage comments and wide entity, but do not exist for available with adverse inferences is rebuttal responses submitted to the mandatory respondent Zhangjiagang warranted for Hongyi. For further record for this preliminary Huacheng Import & Export Co., Ltd. discussion, see the Preliminary Decision determination, and accompanying (Huacheng). For a full description of the Memorandum. discussion and analysis of all comments methodology and results of the Therefore, we preliminarily find that timely received, see the Preliminary Department’s critical circumstances an adverse inference is warranted in Scope Decision Memorandum.7 The analysis, see the Preliminary Decision selecting from among the facts Department is preliminarily modifying Memorandum. otherwise available with respect to the the scope language as it appeared in the PRC-wide entity and Hongyi in Initiation Notice. See the revised scope Use of Adverse Facts Available accordance with sections 776(a) and in Appendix I to this notice. The Department preliminarily 776(b) of the Act and 19 CFR 351.308(a). Methodology determines that Hongyi and the PRC- As adverse facts available, we have wide entity, which includes certain PRC preliminarily assigned the PRC-wide The Department is conducting this exporters and/or producers that did not entity and Hongyi a rate of 186.89 investigation in accordance with section respond to the Department’s requests for percent. Further, with respect to critical 731 of the Act. Export prices were information, withheld information circumstances, we have preliminarily calculated in accordance with section requested by the Department and determined, based on adverse facts 772(a) of the Act. Because the PRC is a significantly impeded this proceeding available, that the PRC-wide entity and non-market economy within the by not submitting requested Hongyi dumped ‘‘massive imports’’ over meaning of section 771(18) of the Act, information. Specifically, all companies a ‘‘relatively short period.’’ For further normal value (NV) was calculated in within the PRC-wide entity that failed to explanation and analysis, see the accordance with section 773(c) of the Act. For a full description of the respond to the Department’s request for Preliminary Decision Memorandum. methodology underlying our quantity and value (Q&V) information Combination Rates determinations, see the Preliminary failed to provide requested information, Decision Memorandum. impeding the Department’s In the Initiation Notice,11 the investigation.9 Furthermore, the Department stated that it would Preliminary Affirmative Determination Department finds that the PRC-wide calculate producer/exporter of Critical Circumstances entity’s lack of participation, including combination rates for the respondents In accordance with section 733(e) of the failure of certain parts of the PRC- that are eligible for a separate rate in the Act and 19 CFR 351.206, the wide entity to submit Q&V information, this investigation. Policy Bulletin 05.1 Department preliminarily determines constitutes circumstances under which describes this practice.12 that critical circumstances exist with it is reasonable to conclude that the Preliminary Determination respect to imports of cold-drawn PRC-wide entity as a whole failed to mechanical tubing from the PRC for cooperate to the best of its ability to The Department preliminarily mandatory respondent Jiangsu Hongyi comply with the Department’s request determines that the following estimated Steel Pipe Co., Ltd. (Hongyi), the for information.10 Additionally, the weighted-average dumping margins separate-rate companies,8 and the PRC- Department finds that the use of facts exist: Weighted- Cash deposit average adjusted for Producer Exporter margin subsidy offset (percent) (percent) Jiangsu Hongyi Steel Pipe Co., Ltd ............................. Jiangsu Hongyi Steel Pipe Co., Ltd ............................. 186.89 186.89 Zhangjiagang Huacheng Import & Export Co., Ltd ...... Zhangjiagang Huacheng Import & Export Co., Ltd ...... 61.59 61.57 Anji Pengda Steel Pipe Co., Ltd .................................. Anji Pengda Steel Pipe Co., Ltd .................................. 61.59 61.58 Changshu Fushilai Steel Pipe Co., Ltd ........................ Changshu Fushilai Steel Pipe Co., Ltd ........................ 61.59 61.58 Changshu Special Shaped Steel Tube Co., Ltd .......... Changshu Special Shaped Steel Tube Co., Ltd .......... 61.59 61.58 Jiangsu Liwan Precision Tube Manufacturing Co., Ltd Suzhou Foster International Co., Ltd ........................... 61.59 61.58 Zhangjiagang Precision Tube Manufacturing Co., Ltd. Suzhou Foster International Co., Ltd ........................... 61.59 61.58 (Zhangjiangang Tube). Wuxi Dajin High-Precision Cold-Drawn Steel Tube Wuxi Huijin International Trade Co., Ltd ...................... 61.59 61.58 Co., Ltd. Zhangjiagang Shengdingyuan Pipe-Making Co., Ltd ... Zhangjiagang Shengdingyuan Pipe-Making Co., Ltd ... 61.59 61.58 Zhejiang Minghe Steel Pipe Co., Ltd ........................... Zhejiang Minghe Steel Pipe Co., Ltd ........................... 61.59 61.58 Zhejiang Dingxin Steel Tube Manufacturing Co., Ltd .. Zhejiang Dingxin Steel Tube Manufacturing Co., Ltd .. 61.59 61.58 PRC-Wide Entity ........................................................... ....................................................................................... 186.89 186.89 Zekelman Industries, Inc. (collectively, the Shaped Steel Tube Co., Ltd., Zhejiang Dingxin Steel not provided ‘‘under circumstances in which it is petitioners). Tube Manufacturing Co., Ltd, Suzhou Foster reasonable to conclude that less than full asabaliauskas on DSKBBXCHB2PROD with NOTICES 7 See Memorandum, ‘‘Certain Cold-Drawn International, Hongyi, Zhangjiagang Shengdingyuan cooperation has been shown.’’)). Mechanical Tubing of Carbon and Alloy Steel from Pipe-Making Co., Ltd., Wuxi Huijin International 11 See Initiation Notice. the Federal Republic of Germany, India, Italy, the Trade Co., Ltd., and Zhejiang Minghe Steel. 12 See Enforcement and Compliance’s Policy Republic of Korea, the People’s Republic of China, 9 Id. Bulletin No. 05.1, regarding, ‘‘Separate-Rates and Switzerland: Scope Comments Decision 10 See Nippon Steel Corporation v. United States, Practice and Application of Combination Rates in Memorandum for the Preliminary Determination’’ 337 F.3d 1373, 1383 (Fed. Cir. 2003) (noting that the Antidumping Investigations involving Non-Market (Preliminary Scope Decision Memorandum), dated Department need not show intentional conduct Economy Countries,’’ (April 5, 2005) (Policy concurrently with this preliminary determination. existed on the part of the respondent, but merely Bulletin 05.1), available on the Department’s Web 8 Anji Pengda Steel Pipe Co., Ltd., Changshu that a ‘‘failure to cooperate to the best of a site at http://enforcement.trade.gov/policy/bull05– Fushilai Steel Pipe Co., Ltd., Changshu Special respondent’s ability’’ existed (i.e., information was 1.pdf. VerDate Sep<11>2014 18:57 Nov 21, 2017 Jkt 244001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\22NON1.SGM 22NON1

55576 Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices Suspension of Liquidation margin by the amount of domestic In accordance with section In accordance with section 733(d)(2) subsidy pass-through and export 735(a)(2)(A) of the Act and 19 CFR of the Act, the Department will direct subsidies determined in a companion 351.210(b)(2)(ii), because (1) our U.S. Customs and Border Protection CVD proceeding when CVD provisional preliminary determination is (CBP) to suspend liquidation of subject measures are in effect. Accordingly, affirmative; (2) the requesting exporter merchandise as described in the scope where the Department has made a accounts for a significant proportion of of the investigation section entered, or preliminary affirmative determination exports of the subject merchandise; and withdrawn from warehouse, for for domestic subsidy pass-through or (3) no compelling reasons for denial consumption on or after the date of export subsidies, the Department has exist, we are postponing the final publication of this notice in the Federal offset the calculated estimated determination and extending the Register, as discussed below. Further, weighted-average dumping margin by provisional measures from a four-month pursuant to section 733(d)(1)(B) of the the appropriate rate(s). Any such period to a period not greater than six Act and 19 CFR 351.205(d), the adjusted rates may be found in the months. Accordingly, we will make our Department will instruct CBP to require Preliminary Determination Section’s final determination no later than 135 a cash deposit equal to the weighted chart of estimated weighted-average days after the date of publication of this average amount by which normal value dumping margins above. preliminary determination, pursuant to exceeds U.S. price, as indicated in the Should provisional measures in the section 735(a)(2) of the Act.14 chart above as follows: (1) For the companion CVD investigation expire Disclosure producer/exporter combinations listed prior to the expiration of provisional measures in this LTFV investigation, the The Department intends to disclose to in the table above, the cash deposit rate Department will direct CBP to begin interested parties the calculations is equal to the estimated weighted- collecting cash deposits at a rate equal performed in connection with this average dumping margin listed for that to the estimated weighted-average preliminary determination within five combination in the table; (2) for all dumping margins calculated in this days of its public announcement or, if combinations of PRC producers/ preliminary determination unadjusted there is no public announcement, exporters of merchandise under for the passed-through domestic within five days of the date of consideration that have not established subsidies or for export subsidies at the publication of this notice in accordance eligibility for their own separate rates, time the CVD provisional measures with 19 CFR 351.224(b). the cash deposit rate will be equal to the estimated weighted-average dumping expire. Public Comment margin established for the PRC-wide These suspension of liquidation instructions will remain in effect until The Department is setting different entity; and (3) for all third-county deadlines for scope-related case and exporters of merchandise under further notice. rebuttal briefs, and case and rebuttal consideration not listed in the table Postponement of Final Determination briefs addressing all other issues. above, the cash deposit rate is the cash and Extension of Provisional Measures Scope briefs may be submitted to the deposit rate applicable to the PRC Section 735(a)(2) of the Act provides Assistant Secretary for Enforcement and producer/exporter combination (or the that a final determination may be Compliance no later than five days after PRC-wide entity) that supplied that postponed until not later than 135 days the publication of the preliminary AD third-country exporter after the date of the publication of the determinations for the PRC, Germany, Section 733(e)(2) of the Act provides India, Italy, Korea, and Switzerland in preliminary determination if, in the that, given an affirmative determination the Federal Register. Rebuttal scope event of an affirmative preliminary of critical circumstances, any briefs, limited to issues raised in the determination, a request for such suspension of liquidation shall apply to scope case briefs, may be submitted no postponement is made by exporters who unliquidated entries of merchandise later than three days after the deadline account for a significant proportion of entered, or withdrawn from warehouse, for the scope case briefs. These exports of the subject merchandise, or in for consumption on or after the later of deadlines, which are based on the event of a negative preliminary (a) the date which is 90 days before the publication in the Federal Register of determination, a request for such date on which the suspension of the preliminary determinations in the postponement is made by Petitioners. 19 liquidation was first ordered, or (b) the AD investigations of cold-drawn CFR 351.210(e)(2) requires that requests date on which notice of initiation of the mechanical tubing, apply for both the by respondents for postponement of a investigation was published. The on-going CVD and AD investigations. final antidumping determination be Department preliminarily finds that There is only one briefing schedule for accompanied by a request for extension critical circumstances exist for imports scope case and rebuttal briefs in the of provisional measures from a four- of cold-drawn mechanical tubing from CVD and AD investigations. For all month period to a period not more than the PRC from the following producer/ scope issues, parties must file separate six months in duration. exporter combinations: Jiangsu Hongyi On October 27, 2017, and October 30, and identical documents on the records Steel Pipe Co., Ltd./Jiangsu Hongyi Steel 2017, respectively, pursuant to 19 CFR of all of the ongoing CVD and AD cold- Pipe Co., Ltd., the separate rate 351.210(b) and (e), Hongyi and drawn mechanical tubing investigations. respondents, and the PRC-wide entity. Huacheng requested that, contingent No new factual information should be In accordance with section 733(e)(2)(A) upon an affirmative preliminary included in scope case briefs or rebuttal asabaliauskas on DSKBBXCHB2PROD with NOTICES of the Act, the suspension of liquidation determination of sales at LTFV for the scope briefs, and no proprietary shall apply to unliquidated entries of respondents, the Department postpone merchandise entered, or withdrawn the final determination and that Tubing of Carbon and Alloy Steel from the People’s from warehouse, for consumption on or provisional measures be extended to a Republic of China (A–570–058),’’ dated October 27, after the date which is 90 days before 2017; also see Huacheng’s letter, ‘‘Certain Cold- period not to exceed six months.13 Drawn Mechanical Tubing of Carbon and Alloy the publication of this notice. Steel from the People’s Republic of China: Request To determine the cash deposit rate, 13 See Hongyi’s letter, ‘‘Hongyi’s Request to to Extend the Final Determination,’’ dated October the Department normally adjusts the Extend the Final Determination: Antidumping Duty 30, 2017. estimated weighted-average dumping Investigation of Certain Cold-Drawn Mechanical 14 See also 19 CFR 351.210(e). VerDate Sep<11>2014 18:57 Nov 21, 2017 Jkt 244001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\22NON1.SGM 22NON1

Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices 55577 information should be submitted in the Department intends to hold the hearing with an internal support device such as a scope case briefs and rebuttal scope at the U.S. Department of Commerce, mandrel, rod, plug or similar device. Other briefs. Pursuant to 19 CFR 351.310(c), 1401 Constitution Avenue NW., cold-finishing operations that may be used to produce subject merchandise include cold- interested parties who wish to request a Washington, DC 20230, at a time and rolling and cold-sizing the tubing. hearing on the revised scope, limited to date to be determined. Parties should Subject cold-drawn mechanical tubing is issues raised in the scope case and confirm by telephone the date, time, and typically certified to meet industry rebuttal briefs, must submit a written location of the hearing two days before specifications for cold-drawn tubing request to the Assistant Secretary for the scheduled date. including but not limited to: Enforcement and Compliance, U.S. (1) American Society for Testing and Department of Commerce, separate from International Trade Commission Materials (ASTM) or American Society of the hearing on issues raised in case Notification Mechanical Engineers (ASME) specifications briefs, within five days after the date of In accordance with section 733(f) of ASTM A–512, ASTM A–513 Type 3 (ASME the Act, the Department will notify the SA513 Type 3), ASTM A–513 Type 4 (ASME publication of this notice. Requests SA513 Type 4), ASTM A–513 Type 5 (ASME should contain the party’s name, ITC of our preliminary affirmative SA513 Type 5), ASTM A–513 Type 6 (ASME address, and telephone number, the determination of sales at LTFV. If the SA513 Type 6), ASTM A–519 (cold-finished); number of participants, whether any final determination is affirmative, the (2) SAE International (Society of participant is a foreign national, and a ITC will determine before the later of Automotive Engineers) specifications SAE list of the issues to be discussed. If a 120 days after the date of this J524, SAE J525, SAE J2833, SAE J2614, SAE request for a hearing is made, the preliminary determination or 45 days J2467, SAE J2435, SAE J2613; Department intends to hold the hearing after the date of this preliminary (3) Aerospace Material Specification (AMS) at the U.S. Department of Commerce, determination or 45 days after the final AMS T–6736 (AMS 6736), AMS 6371, AMS 5050, AMS 5075, AMS 5062, AMS 6360, 1401 Constitution Avenue NW., determination whether imports of the AMS 6361, AMS 6362, AMS 6371, AMS Washington, DC 20230, at a time and subject merchandise are materially 6372, AMS 6374, AMS 6381, AMS 6415; date to be determined. Parties should injuring, or threaten material injury to, (4) United States Military Standards (MIL) confirm by telephone the date, time, and the U.S. industry. MIL–T–5066 and MIL–T–6736; location of the hearing two days before (5) foreign standards equivalent to one of Notification to Interested Parties the scheduled date. the previously listed ASTM, ASME, SAE, Scope comments may only be This determination is issued and AMS or MIL specifications including but not included in the scope case brief and published in accordance with sections limited to: scope rebuttal brief. Should this 733(f) and 777(i)(1) of the Act and 19 (a) German Institute for Standardization investigation result in an order, CFR 351.205(c). (DIN) specifications DIN 2391–2, DIN 2393– interested parties may submit requests 2, DIN 2394–2); Dated: November 15, 2017. (b) European Standards (EN) EN 10305–1, for a scope ruling after the issuance of Gary Taverman, EN 10305–2, EN 10305–3, EN 10305–4, EN any such order. Deputy Assistant Secretary for Antidumping 10305–6 and European national variations on Case briefs or other non-scope written and Countervailing Duty Operations, those standards (e.g., British Standard (BS comments may be submitted to the performing the non-exclusive functions and EN), Irish Standard (IS EN) and German Assistant Secretary for Enforcement and duties of the Assistant Secretary for Standard (DIN EN) variations, etc.); Compliance no later than seven days Enforcement and Compliance. (c) Japanese Industrial Standard (JIS) JIS G after the date on which the last 3441 and JIS G 3445; and verification report is issued in this Appendix I (6) proprietary standards that are based on investigation, unless the Secretary alters Scope of the Investigation one of the above-listed standards. the time limit. Rebuttal briefs, limited to The subject cold-drawn mechanical tubing The scope of this investigation covers cold- issues raised in case briefs, may be may also be dual or multiple certified to drawn mechanical tubing of carbon and alloy more than one standard. Pipe that is multiple submitted no later than five days after steel (cold-drawn mechanical tubing) of certified as cold-drawn mechanical tubing the deadline date for case briefs.15 circular cross-section, 304.8 mm or more in and to other specifications not covered by Pursuant to 19 CFR 351.309(c)(2) and length, in actual outside diameters less than 331 mm, and regardless of wall thickness, this scope, is also covered by the scope of (d)(2), parties who submit case briefs or this investigation when it meets the physical surface finish, end finish or industry rebuttal briefs in this investigation are specification. The subject cold-drawn description set forth above. encouraged to submit with each mechanical tubing is a tubular product with Steel products included in the scope of this argument: (1) A statement of the issue; a circular cross-sectional shape that has been investigation are products in which: (1) Iron (2) a brief summary of the argument; cold-drawn or otherwise cold-finished after predominates, by weight, over each of the and (3) a table of authorities. Pursuant the initial tube formation in a manner that other contained elements; and (2) the carbon involves a change in the diameter or wall content is 2 percent or less by weight. to 19 CFR 351.310(c), interested parties For purposes of this scope, the place of who wish to request a hearing, limited thickness of the tubing, or both. The subject cold-drawn mechanical tubing may be cold-drawing determines the country of to issues raised in the case and rebuttal produced from either welded (e.g., electric origin of the subject merchandise. Subject briefs, must submit a written request to resistance welded, continuous welded, etc.) merchandise that is subject to minor working the Assistant Secretary for Enforcement or seamless (e.g., pierced, pilgered or in a third country that occurs after drawing and Compliance, U.S. Department of extruded, etc.) carbon or alloy steel tubular in one of the subject countries including, but Commerce, within 30 days after the date products. It may also be heat treated after not limited to, heat treatment, cutting to of publication of this notice. Requests cold working. Such heat treatments may length, straightening, nondestruction testing, deburring or chamfering, remains within the asabaliauskas on DSKBBXCHB2PROD with NOTICES should contain the party’s name, include, but are not limited to, annealing, normalizing, quenching and tempering, stress scope of this investigation. address, and telephone number, the All products that meet the written physical relieving or finish annealing. Typical cold- number of participants, whether any drawing methods for subject merchandise description are within the scope of this participant is a foreign national, and a include, but are not limited to, drawing over investigation unless specifically excluded or list of the issues to be discussed. If a mandrel, rod drawing, plug drawing, sink covered by the scope of an existing order. request for a hearing is made, the drawing and similar processes that involve Merchandise that meets the physical reducing the outside diameter of the tubing description of cold-drawn mechanical tubing 15 See 19 CFR 351.309; see also 19 CFR 351.303 with a die or similar device, whether or not above is within the scope of the investigation (for general filing requirements). controlling the inside diameter of the tubing even if it is also dual or multiple certified to VerDate Sep<11>2014 18:57 Nov 21, 2017 Jkt 244001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\22NON1.SGM 22NON1

55578 Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices an otherwise excluded specification listed DEPARTMENT OF COMMERCE lens barrel mount; lens barrel mount T- below. The following products are outside of, base; lens barrel; lens barrel spacer; and/or specifically excluded from, the scope Foreign-Trade Zones Board laser crystal cover; laser base; desiccant of this investigation: guard; shutter mount; aperture base (1) Cold-drawn stainless steel tubing, [B–071–2017] small; aperture disc; aperture base wide; containing 10.5 percent or more of chromium by weight and not more than 1.2 percent of Foreign-Trade Zone (FTZ) 52— wire adapter; windows mount; Q switch carbon by weight; Jamaica, New York; Notification of mount; heat sink; housing body; (2) products certified to one or more of the Proposed Production Activity; housing main cover; housing end cover; ASTM, ASME or American Petroleum Advanced Optowave Corporation; housing box umbilical adapter; housing Institute (API) specifications listed below: (Diode Pumped Solid State Laser leg double slit; housing leg single slit; • ASTM A–53; Systems/Manufacturing); housing diode cooling plate; housing • ASTM A–106; Ronkonkoma, New York duel fan cooling plate) (duty rate ranges • ASTM A–179 (ASME SA 179); from duty-free to 5.5%). • ASTM A–192 (ASME SA 192); Suffolk County, grantee of FTZ 52, Public comment is invited from • ASTM A–209 (ASME SA 209); submitted a notification of proposed interested parties. Submissions shall be • ASTM A–210 (ASME SA 210); production activity to the FTZ Board on addressed to the Board’s Executive • ASTM A–213 (ASME SA 213); behalf of Advanced Optowave Secretary at the address below. The • ASTM A–334 (ASME SA 334); Corporation (Advanced Optowave), closing period for their receipt is • ASTM A–423 (ASME SA 423); located in Ronkonkoma, New York. The January 2, 2018. • ASTM A–498; notification conforming to the • ASTM A–496 (ASME SA 496); requirements of the regulations of the A copy of the notification will be • ASTM A–199; FTZ Board (15 CFR 400.22) was available for public inspection at the • ASTM A–500; received on November 8, 2017. Office of the Executive Secretary, • ASTM A–556; The Advanced Optowave facility is Foreign-Trade Zones Board, Room • ASTM A–565; located within FTZ 52, Site 5. The 21013, U.S. Department of Commerce, • API 5L; and facility will be used for the production 1401 Constitution Avenue NW., • API 5CT Washington, DC 20230–0002, and in the of diode pumped solid state laser except that any cold-drawn tubing product systems (including the controller and ‘‘Reading Room’’ section of the Board’s certified to one of the above excluded laser). Pursuant to 15 CFR 400.14(b), Web site, which is accessible via specifications will not be excluded from the www.trade.gov/ftz. FTZ activity would be limited to the scope if it is also dual- or multiple-certified For further information, contact to any other specification that otherwise specific foreign-status materials and components and specific finished Juanita Chen at juanita.chen@trade.gov would fall within the scope of this investigation. products described in the submitted or (202) 482–1378. The products subject to the investigation notification (as described below) and Dated: November 17, 2017. are currently classified in the Harmonized subsequently authorized by the FTZ Andrew McGilvray, Tariff Schedule of the United States (HTSUS) Board. Executive Secretary. under item numbers: 7304.31.3000, Production under FTZ procedures [FR Doc. 2017–25281 Filed 11–21–17; 8:45 am] 7304.31.6050, 7304.51.1000, 7304.51.5005, could exempt Advanced Optowave from 7304.51.5060, 7306.30.5015, 7306.30.5020, BILLING CODE 3510–DS–P customs duty payments on the foreign- 7306.50.5030. Subject merchandise may also status components used in export enter under numbers 7306.30.1000 and production. On its domestic sales, for 7306.50.1000. The HTSUS subheadings DEPARTMENT OF COMMERCE the foreign-status materials/components above are provided for convenience and customs purposes only. The written noted below, Advanced Optowave National Oceanic and Atmospheric description of the scope of the investigation would be able to choose the duty rates Administration is dispositive. during customs entry procedures that apply to diode pumped solid state laser Marine Mammals and Endangered Appendix II systems (including the controller) (duty- Species List of Topics Discussed in the Preliminary free). Advanced Optowave would be Decision Memorandum able to avoid duty on foreign-status AGENCY: National Marine Fisheries components which become scrap/waste. Service (NMFS), National Oceanic and I. Summary Customs duties also could possibly be Atmospheric Administration (NOAA), II. Background III. Period of Investigation deferred or reduced on foreign-status Commerce. IV. Scope Comments production equipment. ACTION: Notice; issuance of permits and V. Selection of Respondents The components and materials permit amendments. VI. Preliminary Affirmative Determination of sourced from abroad include: Optics Critical Circumstances, in Part (laser crystal—neodymium-doped SUMMARY: Notice is hereby given that VII. Discussion of the Methodology yttrium orthovanadate (ND:YV04); permits or permit amendments have VIII. Currency Conversion been issued to the following entities lithium triborate crystal; laser mirror; IX. Adjustment for Countervailable Export under the Marine Mammal Protection Subsidies window optics; optical lens; optical fiber); laser diode; radio frequency Act (MMPA) and the Endangered X. Adjustment Under Section 777A(f) of the Species Act (ESA), as applicable. asabaliauskas on DSKBBXCHB2PROD with NOTICES Act driver; thermistor; thermal electric XI. Postponement of Preliminary cooler; printed circuit board ADDRESSES: The permits and related Determination (populated); computer power supply documents are available for review XII. Verification unit; aluminum mechanical parts upon written request or by appointment XIII. U.S. International Trade Commission (second harmonic generation (SHG) top in the Permits and Conservation Notification cover; SHG bottom cover; third Division, Office of Protected Resources, XIV. Conclusion harmonic generation (THG) top cover; NMFS, 1315 East-West Highway, Room [FR Doc. 2017–25294 Filed 11–21–17; 8:45 am] THG bottom cover; SHG base; THG base; 13705, Silver Spring, MD 20910; phone BILLING CODE 3510–DS–P harmonic base; clamp; mirror mount; (301) 427–8401; fax (301) 713–0376. VerDate Sep<11>2014 18:57 Nov 21, 2017 Jkt 244001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\22NON1.SGM 22NON1


Document Created: 2017-11-22 00:49:09
Document Modified: 2017-11-22 00:49:09
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.
ContactKeith Haynes or Paul Stolz, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5139 or (202) 482-4474, respectively.
FR Citation82 FR 55574 
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