82 FR 58172 - Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Final Affirmative Countervailing Duty Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 236 (December 11, 2017)
International Trade Administration
Federal Register Volume 82, Issue 236 (December 11, 2017)
| Page Range | 58172-58175 | |
| FR Document | 2017-26609 |
[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)] [Notices] [Pages 58172-58175] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26609] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-533-874] Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Final Affirmative Countervailing Duty Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) determines that countervailable subsidies are being [[Page 58173]] provided to producers and exporters of certain cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from India. The period of investigation is April 1, 2016, through March 31, 2017. DATES: Applicable December 11, 2017. FOR FURTHER INFORMATION CONTACT: Ryan Mullen or Carrie Bethea, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone 202-482-5260 or 202-482-1491, respectively. SUPPLEMENTARY INFORMATION: Background On September 25, 2017, the Department published the Preliminary Determination in the Federal Register.\1\ --------------------------------------------------------------------------- \1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Preliminary Affirmative Countervailing Duty Determination, 82 FR 44558 (September 25, 2017) and accompanying Preliminary Decision Memorandum (Preliminary Determination). --------------------------------------------------------------------------- A summary of the events that occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the accompanying Issues and Decision Memorandum.\2\ The Issues and 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 is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \2\ See Memorandum, ``Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India,'' dated concurrently with this determination and hereby adopted by this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Scope Comments In the Department's Preliminary Scope Decision Memorandum, we set aside a period of time for parties to raise issues regarding product coverage (i.e., scope) in scope case briefs or other written comments on scope issues.\3\ Certain interested parties commented on the scope of the investigation as it appeared in the Preliminary Scope Decision Memorandum. For a summary of the product coverage comments and rebuttal responses submitted to the record for this final determination, and accompanying discussion and analysis of all comments timely received, see the Final Scope Decision Memorandum.\4\ See the scope in Appendix I to this notice. --------------------------------------------------------------------------- \3\ See Memorandum, ``Scope Comments Decision Memorandum for the Preliminary Determinations,'' dated November 15, 2017 (Preliminary Scope Decision Memorandum). \4\ See Memorandum, ``Scope Comments Decision Memorandum for the Final Determinations,'' dated December 4, 2017 (Final Scope Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The products covered by this investigation are cold-drawn mechanical tubing from India. For a complete description of the scope of this investigation, see ``Scope of the Investigation,'' in Appendix I of this notice. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs filed by the parties, are discussed in the Issues and Decision Memorandum. A list of the issues parties raised and to which we responded in the Issues and Decisions Memorandum, is attached to this notice at Appendix II. Verification The Department conducted verification of the questionnaire responses submitted by the Government of India, Goodluck India Limited (Goodluck), and Tube Investments of India Limited (Tube Investments) between October 23, and October 31, 2017. Use of Adverse Facts Available If necessary information is not available on the record, or an interested party withholds information, fails to provide requested information in a timely manner, significantly impedes a proceeding by not providing information, or information provided cannot be verified, the Department will apply facts available, pursuant to section 776(a)(1) and (2) of the Tariff Act of 1930, as amended (the Act). For purposes of this final determination, the Department relied, in part, on facts available and, because certain respondents did not cooperate by not acting to the best of their ability to respond to the Department's requests for information, we drew an adverse inference, where appropriate, in selecting from among the facts otherwise available.\5\ A full discussion of our decision to rely on adverse facts available is presented in the ``Use of Facts Otherwise Available and Adverse Inferences'' section of the Issues and Decision Memorandum. --------------------------------------------------------------------------- \5\ See sections 776(a) and (b) of the Act. --------------------------------------------------------------------------- Changes Since the Preliminary Determination Based on our analysis of the comments received from parties and the minor corrections presented, as well as additional items discovered at verification, we made certain changes to the respondents' subsidy rate calculations set forth in the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum and the Final Calculation Memoranda.\6\ --------------------------------------------------------------------------- \6\ See Issues and Decision Memorandum; see also Memorandum, ``Final Determination Calculation for Goodluck India Limited,'' dated December 4, 2017 (Goodluck Final Calculation Memorandum) and Memorandum, ``Final Determination Calculation for Tube Investments of India Limited,'' dated December 4, 2017 (Tube Investments Final Calculation Memorandum) (collectively, Final Calculation Memoranda). --------------------------------------------------------------------------- Final Determination In accordance with section 705(c)(1)(B)(i) of the Act, we calculated a rate for each exporter/producer of the subject merchandise individually investigated, i.e., Goodluck and Tube Investments. In accordance with section 705(c)(5)(A) of the Act, for companies not individually investigated, we apply an ``all-others'' rate, which is normally calculated by weighting the subsidy rates of the individual companies selected as mandatory respondents by those companies' exports of the subject merchandise to the United States. Under section 705(c)(5)(A)(i) of the Act, the ``all-others'' rate excludes zero and de minimis rates calculated for the exporters and producers individually investigated, as well as rates based entirely on facts otherwise available. Where the rates for the individually investigated companies are all zero or de minimis, or determined entirely using facts otherwise available, section 705(c)(5)(A)(ii) of the Act instructs the Department to establish an ``all-others'' rate using ``any reasonable method.'' In this investigation, the Department calculated individual countervailable subsidy rates for Goodluck and Tube Investments 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 individual estimated subsidy rates calculated for [[Page 58174]] the examined respondents using each company's publicly-ranged values for the merchandise under consideration. The final subsidy rates are as follows: ------------------------------------------------------------------------ Company Subsidy rate ------------------------------------------------------------------------ Goodluck India Limited.................................. 8.02 Tube Investments of India Limited....................... 42.60 All-Others.............................................. 22.41 ------------------------------------------------------------------------ Disclosure We intend to disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation As a result of our Preliminary Determination and pursuant to section 703(d) of the Act, we instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of any entries of merchandise under consideration from India that were entered, or withdrawn from warehouse, for consumption on or after September 25, 2017, which is the publication date in the Federal Register of the Preliminary Determination. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty order and will require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. U.S. International Trade Commission Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information relating to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Acting Assistant Secretary for Enforcement and Compliance. Notification Regarding Administrative Protective Orders This notice serves as a reminder to parties such to an APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or, alternatively, conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation that is subject to sanction. Notification to Interested Parties This determination is published pursuant to section 705(d) and 777(i) of the Act and 19 CFR 351.210(c). Dated: December 4, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The scope of this investigation covers cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) of circular cross-section, 304.8 mm or more in length, in actual outside diameters less than 331mm, and regardless of wall thickness, surface finish, end finish or industry specification. The subject cold-drawn mechanical tubing is a tubular product with a circular cross-sectional shape that has been cold-drawn or otherwise cold- finished after the initial tube formation in a manner that involves a change in the diameter or wall thickness of the tubing, or both. The subject cold-drawn mechanical tubing may be produced from either welded (e.g., electric resistance welded, continuous welded, etc.) or seamless (e.g., pierced, pilgered or extruded, etc.) carbon or alloy steel tubular products. It may also be heat treated after cold working. Such heat treatments may include, but are not limited to, annealing, normalizing, quenching and tempering, stress relieving or finish annealing. Typical cold-drawing methods for subject merchandise include, but are not limited to, drawing over mandrel, rod drawing, plug drawing, sink drawing and similar processes that involve reducing the outside diameter of the tubing with a die or similar device, whether or not controlling the inside diameter of the tubing with an internal support device such as a mandrel, rod, plug or similar device. Other cold-finishing operations that may be used to produce subject merchandise include cold-rolling and cold- sizing the tubing. Subject cold-drawn mechanical tubing is typically certified to meet industry specifications for cold-drawn tubing including but not limited to: (1) American Society for Testing and Materials (ASTM) or American Society of Mechanical Engineers (ASME) specifications ASTM A-512, ASTM A-513 Type 3 (ASME SA513 Type 3), ASTM A-513 Type 4 (ASME SA513 Type 4), ASTM A-513 Type 5 (ASME SA513 Type 5), ASTM A- 513 Type 6 (ASME SA513 Type 6), ASTM A-519 (cold-finished); (2) SAE International (Society of Automotive Engineers) specifications SAE J524, SAE J525, SAE J2833, SAE J2614, SAE J2467, SAE J2435, SAE J2613; (3) Aerospace Material Specification (AMS) AMS T-6736 (AMS 6736), AMS 6371, AMS 5050, AMS 5075, AMS 5062, AMS 6360, AMS 6361, AMS 6362, AMS 6371, AMS 6372, AMS 6374, AMS 6381, AMS 6415; (4) United States Military Standards (MIL) MIL-T-5066 and MIL-T- 6736; (5) foreign standards equivalent to one of the previously listed ASTM, ASME, SAE, AMS or MIL specifications including but not limited to: (a) German Institute for Standardization (DIN) specifications DIN 2391-2, DIN 2393-2, DIN 2394-2); (b) European Standards (EN) EN 10305-1, EN 10305-2, EN 10305-4, 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 these investigations when it meets the physical description set forth above. Steel products included in the scope of these investigations 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, nondestructive testing, deburring or chamfering, remains within the scope of these investigations. All products that meet the written physical description are within the scope of these investigations 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 investigations 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 these investigations: (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: [[Page 58175]]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 these investigations. The products subject to the investigations 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 investigations is dispositive. Appendix II List of Topics Discussed in the Final Decision Memo I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. Subsidies Valuation Information VII. Benchmarks and Interest Rates VIII. Use of Facts Otherwise Available and Adverse Inferences IX. Analysis of Programs X. Discussion of the Issues Comment 1: The Department's Application of AFA for the GOI's Failure to Provide Requested Information Comment 2: Whether AAP and DDB Programs are Countervailable Comment 3: The Department's Treatment of EPCGS Comment 4: The Department's Treatment of SHIS Comment 5: Whether the Benefit for MEIS is Determined at the Date of Issuance Comment 6: Whether the Deduction under 32-AC of the Income Tax Act is Countervailable Comment 7: The Department's Determination Regarding the Entry Tax Exemption for the Iron and Steel Industry in Uttar Pradesh Comment 8: The Denominator Used to Calculate Goodluck's DDB Exemption Comment 9: The Inclusion of Tube Investments' Non-Subject Merchandise in the Benefit Calculation for DDB Comment 10: The Department's Calculation Methodology for Tube Investments' EPCGS Benefits Comment 11: The Department's Application of AFA for Certain Unreported Subsidies Discovered at Tube Investments' Verification Comment 12: The Department's Calculation Methodology for the Income Tax for Research and Development Program Comment 13: The Department's Decision to Countervail Benefits for Tube Investments' Non-Subject Merchandise Comment 14: The Revised Sales and Subsidy Data Presented as Minor Corrections XI. Conclusion [FR Doc. 2017-26609 Filed 12-8-17; 8:45 am] BILLING CODE 3510-DS-P
![58172 Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices
importer certification attached hereto as • I understand that {INSERT NAME OF rolled or cold-rolled steel substrate produced
Appendix III. The importer and exporter are IMPORTING COMPANY} is required to in the People’s Republic of China (PRC);
required to maintain the exporter maintain a copy ofthis certification and • I understand that {INSERT NAME OF
certification attached hereto as Appendix IV. sufficient documentation supporting this EXPORTING COMPANY} is required to
The importer certification must be certification for the later of (1) a period of maintain a copy of the this certification and
completed, signed, and dated at the time of five years from the date of entry or (2) a sufficient documentation supporting this
the entry of the CORE product. The exporter period of three years after the conclusion of certification for the later of (1) a period of
certification must be completed, signed, and any litigation in the United States courts five years from the date of entry or (2) a
dated at the time of shipment of the relevant regarding such entries; period of three years after the conclusion of
entries. For shipments and/or entries on or • I understand that {INSERT NAME OF any litigation in the United States courts
after November 4, 2016, but before the IMPORTING COMPANY}is required to regarding such entries;
publication of this notice in the Federal provide this certification and supporting • I understand that {INSERT NAME OF
Register, for which certifications are records, upon request, to U.S. Customs and EXPORTING COMPANY} must provide this
required, importers and exporters should Border Protection (CBP) and/or the Exporter Certification to the U.S. importer at
complete the required certification within 30 Department of Commerce (the Department); the time of shipment;
days of the publication of this notice in the • I understand that {INSERT NAME OF • I understand that {INSERT NAME OF
Federal Register. The importer and IMPORTING COMPANY} is required to EXPORTING COMPANY} is required to
maintain a copy of the exporter’s certification provide a copy of this certification and
Vietnamese exporter are also required to
for the later of (1) a period of five years from supporting records, upon request, to U.S.
maintain sufficient documentation
the date of entry or (2) a period of three years Customs and Border Protection (CBP) and/or
supporting their certifications. The importer
after the conclusion of any litigation in the Department of Commerce (the
will not be required to submit the
United States courts regarding such entries; Department);
certifications or supporting documentation to
• I understand that {INSERT NAME OF • I understand that the claims made
CBP as part of the entry process. However,
IMPORTING COMPANY} is required to herein, and the substantiating documentation
the importer and the exporter will be maintain and provide a copy of the exporter’s are subject to verification by CBP and/or the
required to present the certifications and certification and supporting records, upon Department;
supporting documentation, to the request, to CBP and/or the Department; • I understand that failure to maintain the
Department and/or U.S. Customs and Border • I understand that the claims made required certification and/or failure to
Protection (CBP), as applicable, upon request herein, and the substantiating substantiate the claims made herein will
by the respective agency. Additionally, the documentation, are subject to verification by result in:
claims made in the certifications and any CBP and/or the Department; Æ suspension of all unliquidated entries
supporting documentation are subject to • I understand that failure to maintain the (and entries for which liquidation has not
verification by the Department and/or CBP. required certification and/or failure to become final) for which these requirements
The importer and exporter are required to substantiate the claims made herein will were not met and
maintain the certifications and supporting result in: Æ the requirement that the importer post
documentation for the later of (1) a period of Æ suspension of liquidation of all applicable antidumping duty (AD) and
five years from the date of entry or (2) a unliquidated entries (and entries for which countervailing duty (CVD) cash deposits
period of three years after the conclusion of liquidation has not become final) for which equal to the rates as determined by the
any litigation in United States courts these requirements were not met and Department;
regarding such entries. If it is determined that Æ the requirement that the importer post • This certification was completed at or
the certification and/or documentation applicable antidumping duty (AD) and prior to the time of shipment.
requirements in a certification have not been countervailing duty (CVD) cash deposits • I am aware that U.S. law (including, but
met, the Department intends to instruct CBP equal to the rates as determined by the not limited to, 18 U.S.C. 1001) imposes
to suspend, under the PRC CORE orders (A– Department; criminal sanctions on individuals who
570–026, C–570–027), all unliquidated • I understand that agents of the importer, knowingly and willfully make material false
entries for which these requirements were such as brokers, are not permitted to make statements to the U.S. government;
not met and require the importer to post this certification;
Signature llllllllllllllll
applicable antidumping duty (AD) and • This certification was completed at the
countervailing duty (CVD) cash deposits time of entry; lllllllllllllllllllll
equal to the rates as determined by the • I am aware that U.S. law (including, but NAME OF COMPANY OFFICIAL
Department of Commerce. Entries suspended not limited to, 18 U.S.C. 1001) imposes lllllllllllllllllllll
under A–570–026 and C–570–027 will be criminal sanctions on individuals who TITLE
liquidated pursuant to applicable knowingly and willfully make material false lllllllllllllllllllll
administrative reviews of the PRC orders or statements to the U.S. government. DATE
through the automatic liquidation process. Signature llllllllllllllll
[FR Doc. 2017–26606 Filed 12–8–17; 8:45 am]
Appendix III lllllllllllllllllllll
BILLING CODE 3510–DS–P
NAME OF COMPANY OFFICIAL
Importer Certification
lllllllllllllllllllll
I hereby certify that: TITLE
• My name is {INSERT COMPANY DEPARTMENT OF COMMERCE
lllllllllllllllllllll
OFFICIAL’S NAME HERE} and I am an DATE
official of {INSERT NAME OF IMPORTING International Trade Administration
COMPANY}; Appendix IV [C–533–874]
• I have direct personal knowledge of the
facts regarding the importation of the Exporter Certification
Certain Cold-Drawn Mechanical Tubing
corrosion-resistant steel products produced I hereby certify that: of Carbon and Alloy Steel From India:
in Vietnam that entered under entry • My name is {INSERT COMPANY Final Affirmative Countervailing Duty
number(s) {INSERT ENTRY NUMBER(S)} OFFICIAL’S NAME HERE} and I am an
Determination
daltland on DSKBBV9HB2PROD with NOTICES
and are covered by this certification; official of {INSERT NAME OF EXPORTING
• I have personal knowledge of the facts COMPANY}; AGENCY: Enforcement and Compliance,
regarding the production of the imported • I have direct personal knowledge of the International Trade Administration,
products covered by this certification; facts regarding the production and
• These corrosion-resistant steel products exportation of the corrosion-resistant steel
Department of Commerce.
produced in Vietnam do not contain hot- products identified below; SUMMARY: The Department of Commerce
rolled or cold-rolled steel substrate produced • These corrosion-resistant steel products (Department) determines that
in the People’s Republic of China (PRC); produced in Vietnam do not contain hot- countervailable subsidies are being
VerDate Sep<11>2014 17:54 Dec 08, 2017 Jkt 244001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\11DEN1.SGM 11DEN1](https://thefederalregister.org/doc/82_FR_58408/page/1.svg)
![Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices 58175
• ASTM A–53; Comment 10: The Department’s events that occurred since the
• ASTM A–106; Calculation Methodology for Tube Department published the Preliminary
• ASTM A–179 (ASME SA 179); Investments’ EPCGS Benefits Determination, as well as a full
• ASTM A–192 (ASME SA 192); Comment 11: The Department’s discussion of the issues raised by parties
• ASTM A–209 (ASME SA 209); Application of AFA for Certain
• ASTM A–210 (ASME SA 210); Unreported Subsidies Discovered at
for this final determination, may be
• ASTM A–213 (ASME SA 213); Tube Investments’ Verification found in the Issues and Decision
• ASTM A–334 (ASME SA 334); Comment 12: The Department’s Memorandum.2 The Issues and Decision
• ASTM A–423 (ASME SA 423); Calculation Methodology for the Income Memorandum is a public document and
• ASTM A–498; Tax for Research and Development is on file electronically via Enforcement
• ASTM A–496 (ASME SA 496); Program and Compliance’s Antidumping and
• ASTM A–199; Comment 13: The Department’s Decision to Countervailing Duty Centralized
• ASTM A–500; Countervail Benefits for Tube Electronic Service System (ACCESS).
• ASTM A–556; Investments’ Non-Subject Merchandise ACCESS is available to registered users
• ASTM A–565; Comment 14: The Revised Sales and at http://access.trade.gov, and is
• API 5L; and Subsidy Data Presented as Minor
• API 5CT Corrections
available to all parties in the Central
XI. Conclusion Records Unit, Room B8024 of the main
except that any cold-drawn tubing product
Department of Commerce building. In
certified to one of the above excluded [FR Doc. 2017–26609 Filed 12–8–17; 8:45 am]
specifications will not be excluded from the addition, a complete version of the
BILLING CODE 3510–DS–P
scope if it is also dual- or multiple-certified Issues and Decision Memorandum can
to any other specification that otherwise be accessed directly at http://
would fall within the scope of these enforcement.trade.gov/frn/. The signed
DEPARTMENT OF COMMERCE
investigations. Issues and Decision Memorandum and
The products subject to the investigations the electronic version are identical in
International Trade Administration
are currently classified in the Harmonized content.
Tariff Schedule of the United States (HTSUS) [C–570–059]
under item numbers: 7304.31.3000, Scope of the Investigation
7304.31.6050, 7304.51.1000, 7304.51.5005, Countervailing Duty Investigation of The product covered by this
7304.51.5060, 7306.30.5015, 7306.30.5020, Cold-Drawn Mechanical Tubing of investigation is cold-drawn mechanical
7306.50.5030. Subject merchandise may also
Carbon and Alloy Steel From the tubing from the PRC. For a complete
enter under numbers 7306.30.1000 and
7306.50.1000. The HTSUS subheadings People’s Republic of China: Final description of the scope of this
above are provided for convenience and Affirmative Determination, and Final investigation, see Appendix I of this
customs purposes only. The written Affirmative Determination of Critical notice.
description of the scope of the investigations Circumstances, in Part Scope Comments
is dispositive.
AGENCY: Enforcement and Compliance, In the Department’s Preliminary
Appendix II International Trade Administration, Scope Decision Memorandum, we set
List of Topics Discussed in the Final Department of Commerce. aside a period of time for parties to raise
Decision Memo SUMMARY: The Department of Commerce issues regarding product coverage (i.e.,
I. Summary (the Department) determines that scope) in scope case briefs or other
II. Background countervailable subsidies are being written comments on scope issues.3
III. Period of Investigation provided to producers and exporters of Certain interested parties commented on
IV. Scope Comments certain cold-drawn mechanical tubing of the scope of the investigation as it
V. Scope of the Investigation carbon and alloy steel (cold-drawn appeared in the Preliminary Scope
VI. Subsidies Valuation Information mechanical tubing) from the People’s Decision Memorandum. For a summary
VII. Benchmarks and Interest Rates of the product coverage comments and
VIII. Use of Facts Otherwise Available and
Republic of China (PRC), as provided in
section 705 of the Tariff Act of 1930 (the rebuttal responses submitted to the
Adverse Inferences
IX. Analysis of Programs Act). The period of investigation is record for this final determination, and
X. Discussion of the Issues January 1, 2016, through December 31, accompanying discussion and analysis
Comment 1: The Department’s Application 2016. For more information on the of all comments timely received, see the
of AFA for the GOI’s Failure to Provide estimated subsidy rates, see the ‘‘Final Final Scope Decision
Requested Information Determination’’ section of this notice. Memorandum.4 See the scope in
Comment 2: Whether AAP and DDB Appendix I to this notice.
DATES: Applicable December 11, 2017.
Programs are Countervailable
Comment 3: The Department’s Treatment FOR FURTHER INFORMATION CONTACT: Duty Determination, 82 FR 44562 (September 25,
of EPCGS Shanah Lee at (202) 482–6386 or Alex 2017) (Preliminary Determination).
Comment 4: The Department’s Treatment Rosen at (202) 482–7814, AD/CVD 2 See Memorandum, ‘‘Issues and Decision
of SHIS Operations, Office III, Enforcement and Memorandum for the Final Determination in the
Comment 5: Whether the Benefit for MEIS Countervailing Duty Investigation of Cold-Drawn
Compliance, International Trade Mechanical Tubing of Carbon and Alloy Steel from
is Determined at the Date of Issuance Administration, U.S. Department of the People’s Republic of China,’’ dated concurrently
Comment 6: Whether the Deduction under with, and hereby adopted by, this notice (Issues and
32–AC of the Income Tax Act is
Commerce, 1401 Constitution Avenue
Decision Memorandum).
Countervailable NW., Washington, DC 20230. 3 Seeemorandum, ‘‘Certain Cold-Drawn
Comment 7: The Department’s Background Mechanical Tubing of Carbon and Alloy Steel from
daltland on DSKBBV9HB2PROD with NOTICES
Determination Regarding the Entry Tax the Federal Republic of Germany, India, Italy, the
Exemption for the Iron and Steel The Department published the Republic of Korea, the People’s Republic of China,
Industry in Uttar Pradesh Preliminary Determination on and Switzerland: Scope Comments Decision
Memorandum for the Preliminary Determinations’’
Comment 8: The Denominator Used to September 25, 2017.1 A summary of dated November 15, 2017 (Preliminary Scope
Calculate Goodluck’s DDB Exemption Decision Memorandum).
Comment 9: The Inclusion of Tube 1 See Certain Cold-Drawn Mechanical Tubing of 4 See Memorandum, ‘‘Certain Cold-Drawn
Investments’ Non-Subject Merchandise Carbon and Alloy Steel from the People’s Republic Mechanical Tubing of Carbon and Alloy Steel from
in the Benefit Calculation for DDB of China: Preliminary Affirmative Countervailing Continued
VerDate Sep<11>2014 17:54 Dec 08, 2017 Jkt 244001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\11DEN1.SGM 11DEN1](https://thefederalregister.org/doc/82_FR_58408/page/4.svg)
Document Created: 2017-12-09 01:49:54
Document Modified: 2017-12-09 01:49:54
| 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 December 11, 2017. | |
| Contact | Ryan Mullen or Carrie Bethea, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone 202-482-5260 or 202-482-1491, respectively. | |
| FR Citation | 82 FR 58172 |
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