83_FR_1027 83 FR 1021 - Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Amended Preliminary Determination of Sales at Less Than Fair Value

83 FR 1021 - Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Amended Preliminary Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 6 (January 9, 2018)

Page Range1021-1023
FR Document2018-00187

The Department of Commerce (Commerce) is amending its Preliminary Determination of the antidumping duty investigation of certain cold-drawn mechanical tubing of carbon and alloy steel (mechanical tubing) from India. We are correcting a ministerial error with respect to certain steel grades reported by one of the mandatory respondents, Goodluck India Limited. The period of investigation (POI) is April 1, 2016, through March 31, 2017.

Federal Register, Volume 83 Issue 6 (Tuesday, January 9, 2018)
[Federal Register Volume 83, Number 6 (Tuesday, January 9, 2018)]
[Notices]
[Pages 1021-1023]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00187]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Adminstration

[A-533-873]


Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel 
From India: Amended Preliminary Determination of Sales at Less Than 
Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is amending its 
Preliminary Determination of the antidumping duty investigation of 
certain cold-drawn mechanical tubing of carbon and alloy steel 
(mechanical tubing) from India. We are correcting a ministerial error 
with respect to certain steel grades reported by one of the mandatory 
respondents, Goodluck India Limited. The period of investigation (POI) 
is April 1, 2016, through March 31, 2017.

DATES: Applicable January 9, 2018.

FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit and Omar Qureshi, 
AD/CVD Operations, Office V, Enforcement & Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC, 20230; telephone: (202) 482-
2593, or (202) 482-0987, respectively.

SUPPLEMENTAL INFORMATION: On November 22, 2017, Commerce published in 
the Federal Register the Preliminary Determination that mechanical 
tubing from India is being, or is likely to be, sold in the United 
States at less than fair value (LTFV), as provided in section 733 of 
the Tariff Act of 1930, as amended (the Act).\1\ On November 22, 2017, 
ArcelorMittal Tubular Products, Michigan Seamless Tube LLC, Plymouth 
Tube Co., USA, PTC Alliance Corp., Webco Industries, Inc. and Zekelman 
Industries, Inc. (collectively, the petitioners) filed timely 
allegations of ministerial errors contained in Commerce's Preliminary 
Determination.\2\ On November 27, 2017, Goodluck filed timely 
allegations of ministerial errors contained in Commerce's Preliminary 
Determination.\3\
---------------------------------------------------------------------------

    \1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel from India: Preliminary Affirmative Determination of Sales at 
Less Than Fair Value, in Part, Postponement of Final Determination, 
and Extension of Provisional Measures, 82 FR 55567 (November 22, 
2017) and accompanying PDM (Preliminary Determination).
    \2\ See the petitioners' November 22, 2107 submission (the 
Petitioners' Ministerial Error Comments).
    \3\ See Goodluck's November 27, 2017 submission (Goodluck's 
Ministerial Error Comments).
---------------------------------------------------------------------------

Scope of Investigation

    The product covered by this investigation is mechanical tubing from 
India. For a full description of the scope of this investigation, see 
the ``Scope of the Investigation,'' in the Appendix to this notice.

Significant Ministerial Error

    Pursuant to 19 CFR 351.224(e) and (g)(1), Commerce is amending the 
Preliminary Determination to reflect the correction of a significant 
ministerial error it made in the margin assigned to Goodluck, a 
mandatory respondent. A ministerial error is defined as an error in 
addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which the Secretary considers 
ministerial.\4\ A significant ministerial error is defined as a 
ministerial error, the correction of which, singly or in combination 
with other errors, would result in (1) a change of at least five 
absolute percentage points in, but not

[[Page 1022]]

less than 25 percent of, the weighted-average dumping margin calculated 
in the original (erroneous) preliminary determination, or (2) a 
difference between a weighted-average dumping margin of zero or de 
minimis and a weighted-average dumping margin of greater than de 
minimis or vice versa.\5\ As a result of this amended preliminary 
determination, we have applied an antidumping duty margin to Goodluck, 
as noted below in the ``Amended Preliminary Determination'' section.
---------------------------------------------------------------------------

    \4\ See section 735(e) of the Act.
    \5\ See 19 CFR 351.224(g).
---------------------------------------------------------------------------

Ministerial Error Allegations

    On November 22, 2017, the petitioners submitted a ministerial error 
allegation claiming that Commerce incorrectly reclassified certain 
grades of steel reported by Goodluck in the Preliminary 
Determination.\6\ Commerce reviewed the record and agrees that this 
constitutes a significant ministerial error within the meaning of 19 
CFR 351.224(g) and have recalculated Goodluck's dumping margin.\7\ This 
error was significant because Goodluck's margin increased from 0.00 
percent to 4.02 percent.\8\
---------------------------------------------------------------------------

    \6\ See the Petitioners' Ministerial Error Comments.
    \7\ For more information, see the Memo to James Maeder, Senior 
Director performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, ``Antidumping Duty 
Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and 
Alloy Steel from India: Analysis of Ministerial Error Allegations,'' 
dated concurrently with this notice (Ministerial Error Memo).
    \8\ Id.
---------------------------------------------------------------------------

    On November 27, 2017, Goodluck also submitted a ministerial error 
allegation claiming that Commerce incorrectly reclassified certain 
grades of steel reported by Goodluck in the Preliminary 
Determination.\9\ Commerce reviewed the record and does not find that 
this constitutes a ministerial error within the meaning of 19 CFR 
351.224(g) and have made no changes to the Preliminary Determination 
based on this allegation.\10\
---------------------------------------------------------------------------

    \9\ See Goodluck's Ministerial Error Comments.
    \10\ See Ministerial Error Memo.
---------------------------------------------------------------------------

Amended Preliminary Determination

    We are amending the Preliminary Determination of sales at LTFV for 
mechanical tubing from India to reflect the correction of a significant 
ministerial error made in the margin calculation for Goodluck. In 
addition, because the preliminary ``All-Others'' rate was based on the 
estimated weighted-average dumping margin calculated for Tube Products 
of India, Ltd., we are also amending the ``All-Others'' rate. We have 
calculated a simple margin for non-selected respondents using the 
average of the estimated weighted-average dumping margins of the two 
individually selected respondents, Goodluck and TPI.\11\ As a result of 
the correction of the ministerial error, the revised weighted-average 
dumping margins are as follows:
---------------------------------------------------------------------------

    \11\ Commerce did not have updated publicly ranged U.S. sales 
value information for TPI. As a result, Commerce could not perform a 
weighted-average calculation for non-selected respondents for this 
amended preliminary determination.

----------------------------------------------------------------------------------------------------------------
                                                                                     Estimated
                                                                                     weighted-     Cash deposit
                                                                                      average     rate (adjusted
                   Producer                                 Exporter                  dumping       for subsidy
                                                                                      margin        offset(s))
                                                                                     (percent)       (percent)
----------------------------------------------------------------------------------------------------------------
Goodluck India Limited........................  Goodluck India Limited..........            4.02               0
Tube Products of India, Ltd. a unit of Tube     Tube Products of India, Ltd. a         \12\ 7.57            4.86
 Investments of India Limited (collectively      unit of Tube Investments of
 TPI).                                           India Limited (collectively
                                                 TPI).
All-Others....................................  ................................            5.80               0
----------------------------------------------------------------------------------------------------------------

Amended Cash Deposits and Suspension of Liquidation
---------------------------------------------------------------------------

    \12\ This rate has not changed from the Preliminary 
Determination.
---------------------------------------------------------------------------

    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates established in this amended 
preliminary determination, in accordance with section 733(d) and (f) of 
the Act, and 19 CFR 351.224. Because Goodluck's rate is increasing from 
the Preliminary Determination, the amended cash deposit rates will be 
effective on the date of publication of this notice in the Federal 
Register. Because the correction of the error for Goodluck results in a 
reduced cash deposit rate for companies covered by the ``all others'' 
rate, the revised rate calculated for the ``all others'' rate will be 
effective retroactively to November 22, 2017, the date of publication 
of the Preliminary Determination.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we notified the 
International Trade Commission of our amended preliminary 
determination.
    This amended preliminary determination is issued and published in 
accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 
351.224(e).

     Dated: January 3, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix

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

[[Page 1023]]

SA513 Type 3), ASTM A-513 Type 4 (ASME SA513 Type 4), ASTM A-513 
Type 5 (ASME SA513 Type 5), ASTM A-513 Type 6 (ASME SA513 Type 6), 
ASTM A-519 (cold-finished);
    (2) SAE International (Society of Automotive Engineers) 
specifications SAE J524, SAE J525, SAE J2833, SAE J2614, SAE J2467, 
SAE J2435, SAE J2613;
    (3) Aerospace Material Specification (AMS) AMS T-6736 (AMS 
6736), AMS 6371, AMS 5050, AMS 5075, AMS 5062, AMS 6360, AMS 6361, 
AMS 6362, AMS 6371, AMS 6372, AMS 6374, AMS 6381, AMS 6415;
    (4) United States Military Standards (MIL) MIL-T-5066 and MIL-T-
6736;
    (5) foreign standards equivalent to one of the previously listed 
ASTM, ASME, SAE, AMS or MIL specifications including but not limited 
to:
    (a) German Institute for Standardization (DIN) specifications 
DIN 2391-2, DIN 2393-2, DIN 2394-2);
    (b) European Standards (EN) EN 10305-1, EN 10305-2, EN 10305-3, 
EN 10305-4, EN 10305-6 and European national variations on those 
standards (e.g., British Standard (BS EN), Irish Standard (IS EN) 
and German Standard (DIN EN) variations, etc.);
    (c) Japanese Industrial Standard (JIS) JIS G 3441 and JIS G 
3445; and
    (6) proprietary standards that are based on one of the above-
listed standards.
    The subject cold-drawn mechanical tubing may also be dual or 
multiple certified to more than one standard. Pipe that is multiple 
certified as cold-drawn mechanical tubing and to other 
specifications not covered by this scope, is also covered by the 
scope of this investigation when it meets the physical description 
set forth above.
    Steel products included in the scope of this investigation are 
products in which: (1) Iron predominates, by weight, over each of 
the other contained elements; and (2) the carbon content is 2 
percent or less by weight.
    For purposes of this scope, the place of cold-drawing determines 
the country of origin of the subject merchandise. Subject 
merchandise that is subject to minor working in a third country that 
occurs after drawing in one of the subject countries including, but 
not limited to, heat treatment, cutting to length, straightening, 
nondestruction testing, deburring or chamfering, remains within the 
scope of this investigation.
    All products that meet the written physical description are 
within the scope of this investigation unless specifically excluded 
or covered by the scope of an existing order. Merchandise that meets 
the physical description of cold-drawn mechanical tubing above is 
within the scope of the investigation even if it is also dual or 
multiple certified to an otherwise excluded specification listed 
below. The following products are outside of, and/or specifically 
excluded from, the scope of this investigation:
    (1) Cold-drawn stainless steel tubing, containing 10.5 percent 
or more of chromium by weight and not more than 1.2 percent of 
carbon by weight;
    (2) products certified to one or more of the ASTM, ASME or 
American Petroleum Institute (API) specifications listed below:
     ASTM A-53;
     ASTM A-106;
     ASTM A-179 (ASME SA 179);
     ASTM A-192 (ASME SA 192);
     ASTM A-209 (ASME SA 209);
     ASTM A-210 (ASME SA 210);
     ASTM A-213 (ASME SA 213);
     ASTM A-334 (ASME SA 334);
     ASTM A-423 (ASME SA 423);
     ASTM A-498;
     ASTM A-496 (ASME SA 496);
     ASTM A-199;
     ASTM A-500;
     ASTM A-556;
     ASTM A-565;
     API 5L; and
     API 5CT
    except that any cold-drawn tubing product certified to one of 
the above excluded specifications will not be excluded from the 
scope if it is also dual- or multiple-certified to any other 
specification that otherwise would fall within the scope of this 
investigation.
    The products subject to the investigation are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item numbers: 7304.31.3000, 7304.31.6050, 
7304.51.1000, 7304.51.5005, 7304.51.5060, 7306.30.5015, 
7306.30.5020, 7306.50.5030. Subject merchandise may also enter under 
numbers 7306.30.1000 and 7306.50.1000. The HTSUS subheadings above 
are provided for convenience and customs purposes only. The written 
description of the scope of the investigation is dispositive.

[FR Doc. 2018-00187 Filed 1-8-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Notices                                                   1021

                                                assessment of antidumping duties on                     Notification to Interested Parties                     International Trade Administration,
                                                entries of merchandise covered by the                     We are issuing and publishing these                  U.S. Department of Commerce, 14th
                                                final results of this review and for future             results in accordance with sections                    Street and Constitution Avenue NW,
                                                deposits of estimated antidumping                       751(a)(1) and 777(i)(1) of the Act and 19              Washington, DC, 20230; telephone:
                                                duties, where applicable.                               CFR 351.213 and 351.221(b)(4).                         (202) 482–2593, or (202) 482–0987,
                                                                                                                                                               respectively.
                                                Cash Deposit Requirements                                 Dated: January 2, 2018.
                                                                                                                                                               SUPPLEMENTAL INFORMATION: On
                                                   Commerce will instruct CBP to                        P. Lee Smith,
                                                                                                                                                               November 22, 2017, Commerce
                                                require a cash deposit for antidumping                  Deputy Assistant Secretary for Policy and              published in the Federal Register the
                                                duties equal to the weighted-average                    Negotiations.
                                                                                                                                                               Preliminary Determination that
                                                amount by which the NV exceeds U.S.                     Appendix                                               mechanical tubing from India is being,
                                                price. The following cash deposit                                                                              or is likely to be, sold in the United
                                                                                                        List of Topics Discussed in the Preliminary
                                                requirements will be effective for                                                                             States at less than fair value (LTFV), as
                                                                                                        Decision Memorandum
                                                shipments of the subject merchandise                                                                           provided in section 733 of the Tariff Act
                                                from China entered, or withdrawn from                   1. Summary                                             of 1930, as amended (the Act).1 On
                                                                                                        2. Background
                                                warehouse, for consumption on or after                                                                         November 22, 2017, ArcelorMittal
                                                                                                        3. Scope of the Order
                                                the publication date of this notice, as                 4. Preliminary Determination of No                     Tubular Products, Michigan Seamless
                                                provided by section 751(a)(2)(C) of the                       Shipments                                        Tube LLC, Plymouth Tube Co., USA,
                                                Act: (1) For the exporters listed above,                5. Selection of Respondents                            PTC Alliance Corp., Webco Industries,
                                                the cash deposit rate will be equal to the              6. Single Entity Treatment                             Inc. and Zekelman Industries, Inc.
                                                weighted-average dumping margin                         7. Discussion of the Methodology                       (collectively, the petitioners) filed
                                                established in the final results of this                   a. Non-Market Economy Country                       timely allegations of ministerial errors
                                                review (except, if the rate is de minimis                  b. Separate Rates                                   contained in Commerce’s Preliminary
                                                (i.e., less than 0.5 percent), then the cash               c. Application of Partial Facts Available           Determination.2 On November 27, 2017,
                                                                                                              (FA) and Adverse Facts Available (AFA)           Goodluck filed timely allegations of
                                                deposit rate will be zero for that
                                                                                                           d. Surrogate Country Selection
                                                exporter); (2) for previously investigated                 e. Date of Sale
                                                                                                                                                               ministerial errors contained in
                                                or reviewed PRC and non-PRC exporters                      f. Fair Value Comparisons                           Commerce’s Preliminary
                                                not listed above that have separate rates,                 g. U.S. Price                                       Determination.3
                                                the cash deposit rate will continue to be                  h. Normal Value                                     Scope of Investigation
                                                the exporter-specific rate published for                   i. Adjustments for Countervailable
                                                the most recently completed segment of                        Subsidies                                          The product covered by this
                                                this proceeding; (3) for all PRC exporters                 j. Export Subsidy Adjustment                        investigation is mechanical tubing from
                                                of subject merchandise which have not                      k. Currency Conversion                              India. For a full description of the scope
                                                                                                        8. Recommendation                                      of this investigation, see the ‘‘Scope of
                                                been found to be entitled to a separate
                                                rate, the cash deposit rate will be the                 [FR Doc. 2018–00184 Filed 1–8–18; 8:45 am]             the Investigation,’’ in the Appendix to
                                                rate for the China-wide entity (i.e.,                   BILLING CODE 3510–DS–P                                 this notice.
                                                238.95 percent 20) and (4) for all non-                                                                        Significant Ministerial Error
                                                PRC exporters of subject merchandise
                                                                                                        DEPARTMENT OF COMMERCE                                    Pursuant to 19 CFR 351.224(e) and
                                                that have not received their own rate,
                                                                                                                                                               (g)(1), Commerce is amending the
                                                the cash deposit rate will be the rate                                                                         Preliminary Determination to reflect the
                                                                                                        International Trade Adminstration
                                                applicable to China exporter that                                                                              correction of a significant ministerial
                                                supplied that non-PRC exporter. These                   [A–533–873]                                            error it made in the margin assigned to
                                                deposit requirements, when imposed,                                                                            Goodluck, a mandatory respondent. A
                                                shall remain in effect until further                    Certain Cold-Drawn Mechanical Tubing
                                                                                                                                                               ministerial error is defined as an error
                                                notice.                                                 of Carbon and Alloy Steel From India:
                                                                                                                                                               in addition, subtraction, or other
                                                                                                        Amended Preliminary Determination of
                                                Notification to Importers                                                                                      arithmetic function, clerical error
                                                                                                        Sales at Less Than Fair Value
                                                                                                                                                               resulting from inaccurate copying,
                                                   This notice also serves as a                         AGENCY:  Enforcement and Compliance,                   duplication, or the like, and any other
                                                preliminary reminder to importers of                    International Trade Administration,                    similar type of unintentional error
                                                their responsibility under 19 CFR                       Department of Commerce.                                which the Secretary considers
                                                351.402(f)(2) to file a certificate                                                                            ministerial.4 A significant ministerial
                                                                                                        SUMMARY: The Department of Commerce
                                                regarding the reimbursement of                                                                                 error is defined as a ministerial error,
                                                                                                        (Commerce) is amending its Preliminary
                                                antidumping duties and/or                                                                                      the correction of which, singly or in
                                                                                                        Determination of the antidumping duty
                                                countervailing duties prior to                                                                                 combination with other errors, would
                                                                                                        investigation of certain cold-drawn
                                                liquidation of the relevant entries                                                                            result in (1) a change of at least five
                                                                                                        mechanical tubing of carbon and alloy
                                                during this POR. Failure to comply with                                                                        absolute percentage points in, but not
                                                                                                        steel (mechanical tubing) from India.
                                                this requirement could result in
                                                                                                        We are correcting a ministerial error
                                                Commerce’s presumption that                                                                                      1 See Certain Cold-Drawn Mechanical Tubing of
                                                                                                        with respect to certain steel grades
                                                reimbursement of antidumping duties                                                                            Carbon and Alloy Steel from India: Preliminary
                                                                                                        reported by one of the mandatory                       Affirmative Determination of Sales at Less Than
                                                and/or countervailing duties has
                                                                                                        respondents, Goodluck India Limited.                   Fair Value, in Part, Postponement of Final
sradovich on DSK3GMQ082PROD with NOTICES




                                                occurred, and the subsequent                                                                                   Determination, and Extension of Provisional
                                                                                                        The period of investigation (POI) is
                                                assessment of double antidumping                                                                               Measures, 82 FR 55567 (November 22, 2017) and
                                                                                                        April 1, 2016, through March 31, 2017.                 accompanying PDM (Preliminary Determination).
                                                duties and/or an increase in the amount
                                                of antidumping duties by the amount of                  DATES: Applicable January 9, 2018.                       2 See the petitioners’ November 22, 2107

                                                                                                                                                               submission (the Petitioners’ Ministerial Error
                                                the countervailing duties.                              FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               Comments).
                                                                                                        Susan Pulongbarit and Omar Qureshi,                      3 See Goodluck’s November 27, 2017 submission
                                                 20 See AR3 Final, 82 FR at 29035, unchanged in         AD/CVD Operations, Office V,                           (Goodluck’s Ministerial Error Comments).
                                                Amended AR3 Final.                                      Enforcement & Compliance,                                4 See section 735(e) of the Act.




                                           VerDate Sep<11>2014   15:58 Jan 08, 2018   Jkt 244001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\09JAN1.SGM   09JAN1


                                                1022                                     Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Notices

                                                less than 25 percent of, the weighted-                                   reviewed the record and agrees that this                                      Amended Preliminary Determination
                                                average dumping margin calculated in                                     constitutes a significant ministerial error                                     We are amending the Preliminary
                                                the original (erroneous) preliminary                                     within the meaning of 19 CFR                                                  Determination of sales at LTFV for
                                                determination, or (2) a difference                                       351.224(g) and have recalculated                                              mechanical tubing from India to reflect
                                                between a weighted-average dumping                                       Goodluck’s dumping margin.7 This error                                        the correction of a significant
                                                margin of zero or de minimis and a                                       was significant because Goodluck’s                                            ministerial error made in the margin
                                                weighted-average dumping margin of                                       margin increased from 0.00 percent to                                         calculation for Goodluck. In addition,
                                                greater than de minimis or vice versa.5                                  4.02 percent.8                                                                because the preliminary ‘‘All-Others’’
                                                As a result of this amended preliminary                                                                                                                rate was based on the estimated
                                                                                                                            On November 27, 2017, Goodluck also
                                                determination, we have applied an                                                                                                                      weighted-average dumping margin
                                                                                                                         submitted a ministerial error allegation
                                                antidumping duty margin to Goodluck,                                                                                                                   calculated for Tube Products of India,
                                                as noted below in the ‘‘Amended                                          claiming that Commerce incorrectly
                                                                                                                         reclassified certain grades of steel                                          Ltd., we are also amending the ‘‘All-
                                                Preliminary Determination’’ section.                                                                                                                   Others’’ rate. We have calculated a
                                                                                                                         reported by Goodluck in the Preliminary
                                                Ministerial Error Allegations                                            Determination.9 Commerce reviewed                                             simple margin for non-selected
                                                                                                                         the record and does not find that this                                        respondents using the average of the
                                                   On November 22, 2017, the                                                                                                                           estimated weighted-average dumping
                                                                                                                         constitutes a ministerial error within the
                                                petitioners submitted a ministerial error                                                                                                              margins of the two individually selected
                                                                                                                         meaning of 19 CFR 351.224(g) and have
                                                allegation claiming that Commerce                                                                                                                      respondents, Goodluck and TPI.11 As a
                                                incorrectly reclassified certain grades of                               made no changes to the Preliminary                                            result of the correction of the ministerial
                                                steel reported by Goodluck in the                                        Determination based on this                                                   error, the revised weighted-average
                                                Preliminary Determination.6 Commerce                                     allegation.10                                                                 dumping margins are as follows:

                                                                                                                                                                                                                              Estimated      Cash deposit
                                                                                                                                                                                                                              weighted-      rate (adjusted
                                                                                                                                                                                                                               average
                                                                                 Producer                                                                               Exporter                                                               for subsidy
                                                                                                                                                                                                                              dumping           offset(s))
                                                                                                                                                                                                                               margin           (percent)
                                                                                                                                                                                                                              (percent)

                                                Goodluck India Limited .................................................            Goodluck India Limited .................................................                         4.02                 0
                                                Tube Products of India, Ltd. a unit of Tube Invest-                                 Tube Products of India, Ltd. a unit of Tube Invest-                                            12 7.57             4.86
                                                   ments of India Limited (collectively TPI).                                          ments of India Limited (collectively TPI).
                                                All-Others ......................................................................   .......................................................................................          5.80                 0



                                                Amended Cash Deposits and                                                Trade Commission of our amended                                               cold-drawn mechanical tubing may be
                                                Suspension of Liquidation                                                preliminary determination.                                                    produced from either welded (e.g., electric
                                                                                                                           This amended preliminary                                                    resistance welded, continuous welded, etc.)
                                                  The collection of cash deposits and                                                                                                                  or seamless (e.g., pierced, pilgered or
                                                suspension of liquidation will be                                        determination is issued and published
                                                                                                                         in accordance with sections 733(f) and                                        extruded, etc.) carbon or alloy steel tubular
                                                revised according to the rates                                                                                                                         products. It may also be heat treated after
                                                established in this amended preliminary                                  777(i)(1) of the Act and 19 CFR                                               cold working. Such heat treatments may
                                                determination, in accordance with                                        351.224(e).                                                                   include, but are not limited to, annealing,
                                                section 733(d) and (f) of the Act, and 19                                  Dated: January 3, 2018.                                                     normalizing, quenching and tempering, stress
                                                CFR 351.224. Because Goodluck’s rate is                                  P. Lee Smith,                                                                 relieving or finish annealing. Typical cold-
                                                increasing from the Preliminary                                                                                                                        drawing methods for subject merchandise
                                                                                                                         Deputy Assistant Secretary for Policy and
                                                                                                                                                                                                       include, but are not limited to, drawing over
                                                Determination, the amended cash                                          Negotiations.
                                                                                                                                                                                                       mandrel, rod drawing, plug drawing, sink
                                                deposit rates will be effective on the                                                                                                                 drawing and similar processes that involve
                                                                                                                         Appendix
                                                date of publication of this notice in the                                                                                                              reducing the outside diameter of the tubing
                                                Federal Register. Because the correction                                 Scope of the Investigation                                                    with a die or similar device, whether or not
                                                of the error for Goodluck results in a                                     The scope of this investigation covers cold-                                controlling the inside diameter of the tubing
                                                reduced cash deposit rate for companies                                  drawn mechanical tubing of carbon and alloy                                   with an internal support device such as a
                                                covered by the ‘‘all others’’ rate, the                                  steel (cold-drawn mechanical tubing) of                                       mandrel, rod, plug or similar device. Other
                                                revised rate calculated for the ‘‘all                                    circular cross-section, 304.8 mm or more in                                   cold-finishing operations that may be used to
                                                others’’ rate will be effective                                          length, in actual outside diameters less than                                 produce subject merchandise include cold-
                                                                                                                         331mm, and regardless of wall thickness,                                      rolling and cold-sizing the tubing.
                                                retroactively to November 22, 2017, the
                                                                                                                         surface finish, end finish or industry                                          Subject cold-drawn mechanical tubing is
                                                date of publication of the Preliminary                                   specification. The subject cold-drawn                                         typically certified to meet industry
                                                Determination.                                                           mechanical tubing is a tubular product with                                   specifications for cold-drawn tubing
                                                International Trade Commission                                           a circular cross-sectional shape that has been                                including but not limited to:
                                                Notification                                                             cold-drawn or otherwise cold-finished after                                     (1) American Society for Testing and
                                                                                                                         the initial tube formation in a manner that                                   Materials (ASTM) or American Society of
                                                  In accordance with section 733(f) of                                   involves a change in the diameter or wall                                     Mechanical Engineers (ASME) specifications
                                                the Act, we notified the International                                   thickness of the tubing, or both. The subject                                 ASTM A–512, ASTM A–513 Type 3 (ASME
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                                                  5 See 19 CFR 351.224(g).                                               Mechanical Tubing of Carbon and Alloy Steel from                                11 Commerce did not have updated publicly

                                                  6 See the Petitioners’ Ministerial Error Comments.                     India: Analysis of Ministerial Error Allegations,’’                           ranged U.S. sales value information for TPI. As a
                                                  7 For more information, see the Memo to James                          dated concurrently with this notice (Ministerial                              result, Commerce could not perform a weighted-
                                                Maeder, Senior Director performing the duties of                         Error Memo).                                                                  average calculation for non-selected respondents for
                                                                                                                           8 Id.                                                                       this amended preliminary determination.
                                                Deputy Assistant Secretary for Antidumping and
                                                                                                                           9 See Goodluck’s Ministerial Error Comments.                                  12 This rate has not changed from the Preliminary
                                                Countervailing Duty Operations, ‘‘Antidumping
                                                Duty Investigation of Certain Cold-Drawn                                   10 See Ministerial Error Memo.                                              Determination.



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                                                                               Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Notices                                                     1023

                                                SA513 Type 3), ASTM A–513 Type 4 (ASME                     • ASTM A–179 (ASME SA 179);                         FOR FURTHER INFORMATION CONTACT:
                                                SA513 Type 4), ASTM A–513 Type 5 (ASME                     • ASTM A–192 (ASME SA 192);                         David Goldberger or Ross Belliveau,
                                                SA513 Type 5), ASTM A–513 Type 6 (ASME                     • ASTM A–209 (ASME SA 209);                         AD/CVD Operations, Office II,
                                                SA513 Type 6), ASTM A–519 (cold-finished);                 • ASTM A–210 (ASME SA 210);
                                                                                                                                                               Enforcement and Compliance,
                                                   (2) SAE International (Society of                       • ASTM A–213 (ASME SA 213);
                                                Automotive Engineers) specifications SAE                   • ASTM A–334 (ASME SA 334);                         International Trade Administration,
                                                J524, SAE J525, SAE J2833, SAE J2614, SAE                  • ASTM A–423 (ASME SA 423);                         U.S. Department of Commerce, 1401
                                                J2467, SAE J2435, SAE J2613;                               • ASTM A–498;                                       Constitution Avenue NW, Washington,
                                                   (3) Aerospace Material Specification (AMS)              • ASTM A–496 (ASME SA 496);                         DC 20230; telephone: (202) 482–4136 or
                                                AMS T–6736 (AMS 6736), AMS 6371, AMS                       • ASTM A–199;                                       (202) 482–4952, respectively.
                                                5050, AMS 5075, AMS 5062, AMS 6360,                        • ASTM A–500;
                                                AMS 6361, AMS 6362, AMS 6371, AMS                          • ASTM A–556;                                       Scope of the Order
                                                6372, AMS 6374, AMS 6381, AMS 6415;                        • ASTM A–565;
                                                   (4) United States Military Standards (MIL)              • API 5L; and                                          The merchandise subject to the order
                                                MIL–T–5066 and MIL–T–6736;                                 • API 5CT                                           is welded line pipe.1 The product is
                                                   (5) foreign standards equivalent to one of              except that any cold-drawn tubing product           currently classified under the following
                                                the previously listed ASTM, ASME, SAE,                  certified to one of the above excluded                 Harmonized Tariff Schedule of the
                                                AMS or MIL specifications including but not             specifications will not be excluded from the           United States (HTSUS) item numbers:
                                                limited to:                                             scope if it is also dual- or multiple-certified
                                                   (a) German Institute for Standardization                                                                    7305.11.1030, 7305.11.1060,
                                                                                                        to any other specification that otherwise
                                                (DIN) specifications DIN 2391–2, DIN 2393–                                                                     7305.11.5000, 7305.12.1030,
                                                                                                        would fall within the scope of this
                                                2, DIN 2394–2);                                         investigation.                                         7305.12.1060, 7305.12.5000,
                                                   (b) European Standards (EN) EN 10305–1,                 The products subject to the investigation           7305.19.1030, 7305.19.5000,
                                                EN 10305–2, EN 10305–3, EN 10305–4, EN                  are currently classified in the Harmonized             7306.19.1010, 7306.19.1050,
                                                10305–6 and European national variations on             Tariff Schedule of the United States (HTSUS)           7306.19.5110, and 7306.19.5150.
                                                those standards (e.g., British Standard (BS             under item numbers: 7304.31.3000,                      Although the HTSUS numbers are
                                                EN), Irish Standard (IS EN) and German                  7304.31.6050, 7304.51.1000, 7304.51.5005,              provided for convenience and for
                                                Standard (DIN EN) variations, etc.);                    7304.51.5060, 7306.30.5015, 7306.30.5020,
                                                   (c) Japanese Industrial Standard (JIS) JIS G                                                                customs purposes, the written product
                                                                                                        7306.50.5030. Subject merchandise may also
                                                3441 and JIS G 3445; and                                                                                       description remains dispositive.
                                                                                                        enter under numbers 7306.30.1000 and
                                                   (6) proprietary standards that are based on          7306.50.1000. The HTSUS subheadings                    Methodology
                                                one of the above-listed standards.                      above are provided for convenience and
                                                   The subject cold-drawn mechanical tubing             customs purposes only. The written                        Commerce is conducting this review
                                                may also be dual or multiple certified to               description of the scope of the investigation          in accordance with section 751(a) of the
                                                more than one standard. Pipe that is multiple           is dispositive.
                                                certified as cold-drawn mechanical tubing                                                                      Tariff Act of 1930, as amended (the Act).
                                                and to other specifications not covered by              [FR Doc. 2018–00187 Filed 1–8–18; 8:45 am]             Export price and constructed export
                                                this scope, is also covered by the scope of             BILLING CODE 3510–DS–P                                 price are calculated in accordance with
                                                this investigation when it meets the physical                                                                  section 772 of the Act. NV is calculated
                                                description set forth above.                                                                                   in accordance with section 773 of the
                                                   Steel products included in the scope of this         DEPARTMENT OF COMMERCE                                 Act.
                                                investigation are products in which: (1) Iron
                                                predominates, by weight, over each of the               International Trade Administration                        For a full description of the
                                                other contained elements; and (2) the carbon                                                                   methodology underlying our
                                                content is 2 percent or less by weight.                 [A–580–876]                                            conclusions, see the Preliminary
                                                   For purposes of this scope, the place of                                                                    Decision Memorandum. The
                                                cold-drawing determines the country of                  Welded Line Pipe From Korea:                           Preliminary Decision Memorandum is a
                                                origin of the subject merchandise. Subject              Preliminary Results of Antidumping                     public document and is on file
                                                merchandise that is subject to minor working            Duty Administrative Review; 2015–                      electronically via Enforcement and
                                                in a third country that occurs after drawing
                                                                                                        2016                                                   Compliance’s Antidumping and
                                                in one of the subject countries including, but
                                                not limited to, heat treatment, cutting to                                                                     Countervailing Duty Centralized
                                                                                                        AGENCY:  Enforcement and Compliance,
                                                length, straightening, nondestruction testing,                                                                 Electronic Service System (ACCESS).
                                                                                                        International Trade Administration,
                                                deburring or chamfering, remains within the                                                                    ACCESS is available to registered users
                                                                                                        Department of Commerce.
                                                scope of this investigation.                                                                                   at http://access.trade.gov, and to all
                                                   All products that meet the written physical          SUMMARY: The Department of Commerce                    parties in the Central Records Unit,
                                                description are within the scope of this                (Commerce) is conducting an                            room B8024 of the main Department of
                                                investigation unless specifically excluded or           administrative review of the                           Commerce building. In addition, a
                                                covered by the scope of an existing order.              antidumping duty order on welded line                  complete version of the Preliminary
                                                Merchandise that meets the physical                     pipe (WLP) from Korea. The period of
                                                description of cold-drawn mechanical tubing                                                                    Decision Memorandum can be accessed
                                                                                                        review (POR) is May 22, 2015, through                  directly at http://enforcement.trade.gov/
                                                above is within the scope of the investigation
                                                                                                        November 30, 2016. This administrative                 frn/. The signed and electronic versions
                                                even if it is also dual or multiple certified to
                                                an otherwise excluded specification listed              review covers 24 producers and/or                      of the Preliminary Decision
                                                below. The following products are outside of,           exporters of the subject merchandise.                  Memorandum are identical in content.
                                                and/or specifically excluded from, the scope            Commerce selected two mandatory                        A list of the topics discussed in the
                                                of this investigation:                                  respondents for individual examination:                Preliminary Decision Memorandum is
                                                   (1) Cold-drawn stainless steel tubing,               Hyundai Steel Company (Hyundai
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                                                                                                                                                               attached as the Appendix to this notice.
                                                containing 10.5 percent or more of chromium             Steel) and SeAH Steel Company (SeAH).
                                                by weight and not more than 1.2 percent of              We preliminarily determine that sales of                 1 For a complete description of the Scope of the
                                                carbon by weight;                                       subject merchandise have been made                     Order, see Memorandum, ‘‘Decision Memorandum
                                                   (2) products certified to one or more of the
                                                                                                        below normal value (NV) during the                     for the Preliminary Results of the 2015–2016
                                                ASTM, ASME or American Petroleum                                                                               Administrative Review of the Antidumping Duty
                                                Institute (API) specifications listed below:            POR. Interested parties are invited to
                                                                                                                                                               Order on Welded Line Pipe from Korea,’’ dated
                                                   • ASTM A–53;                                         comment on these preliminary results.                  concurrently with, and hereby adopted by, this
                                                   • ASTM A–106;                                        DATES: Applicable January 9, 2018.                     notice (Preliminary Decision Memorandum).



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Document Created: 2018-01-09 02:18:37
Document Modified: 2018-01-09 02:18:37
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 January 9, 2018.
ContactSusan Pulongbarit and Omar Qureshi, AD/CVD Operations, Office V, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC, 20230; telephone: (202) 482- 2593, or (202) 482-0987, respectively.
FR Citation83 FR 1021 

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