83 FR 16289 - Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From Italy: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 73 (April 16, 2018)
International Trade Administration
Federal Register Volume 83, Issue 73 (April 16, 2018)
| Page Range | 16289-16292 | |
| FR Document | 2018-07848 |
[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)] [Notices] [Pages 16289-16292] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-07848] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-475-838] Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From Italy: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that certain cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from Italy is being, or is likely to be, sold in the United States at less than fair value (LTFV), during the period of investigation (POI) is April 1, 2016, through March 31, 2017. DATES: Effective April 16, 2018. FOR FURTHER INFORMATION CONTACT: Carrie Bethea, AD/CVD Operations, [[Page 16290]] Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1491. SUPPLEMENTARY INFORMATION: Background On November 22, 2017, Commerce published in the Federal Register the preliminary affirmative determination of sales at LTFV and the preliminary affirmative determination of critical circumstances, in part, in the antidumping duty (AD) investigation of cold-drawn mechanical tubing from Italy.\1\ Commerce postponed the final LTFV determination.\2\ Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. As a result, the revised deadline for the final determination of this investigation is now April 9, 2018.\3\ Commerce invited comments from interested parties on the Preliminary Determination.\4\ The petitioners,\5\ Dalmine, S.p.A. (Dalmine), and Metalfer, S.p.A. (Metalfer) filed case and rebuttal briefs.\6\ A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by interested parties for this final determination, may be found in the Issues and Decision Memorandum.\7\ 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 http://access.trade.gov, and it is available to all parties in the Central Records Unit, room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from Italy: Preliminary Affirmative Determination of Sales at Less than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination and Extension of Provisional Measures, 82 FR 55561 (November 22, 2017) (Preliminary Determination). \2\ Id. \3\ See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ``Deadlines Affected by the Shutdown of the Federal Government'' (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. \4\ See Memorandum, ``Briefing Schedule for Final Determination,'' dated February 23, 2018. \5\ ArcelorMittal Tubular Products, Michigan Seamless Tube, LLC, PTC Alliance Corp., Plymouth Tube Co. USA, Webco Industries, Inc., and Zekelman Industries, Inc. (collectively, the petitioners). \6\ See Metalfer's Letter, ``Metalfer's Case Brief,'' dated March 2, 2018 (Metalfer's Case Brief); Petitioners' Letter, ``Case Brief of Petitioners,'' dated March 5, 2018 (Petitioners' Case Brief); Dalmine's Letter, ``Case Brief of Dalmine S.p.A. and Tenaris Global Services U.S.A. Corporation,'' dated March 5, 2018 (Dalmine's Case Brief). \7\ See Memorandum, ``Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair Value Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from Italy,'' dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is cold-drawn mechanical tubing from Italy. In the Preliminary Determination,\8\ we set a separate briefing schedule on scope issues for interested parties.\9\ Certain interested parties commented on the scope of the investigation as it appeared in the Preliminary Scope Decision Memorandum.\10\ On December 4, 2017, the petitioners withdrew a portion of their comments regarding the scope language.\11\ Commerce addressed all scope comments received in the Final Scope Decision Memorandum and made changes to the scope that appeared in the Preliminary Determination.\12\ A full description of the scope is contained at Appendix I to this notice. --------------------------------------------------------------------------- \8\ See Preliminary Determination. \9\ Id., 82 FR at 55562. The scope case briefs were due five days after the publication of the preliminary less than fair value determinations for China, Germany, India, Italy, Korea, and Switzerland in the Federal Register, and the rebuttal briefs were due three days after the due date for the scope case briefs, i.e., Monday, November 27, 2017 and Thursday, November 30, 2017. \10\ See Memorandum, ``Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the Federal Republic of Germany, India, Italy, the Republic of Korea, the People's Republic of China, and Switzerland: Scope Comments Decision Memorandum for the Preliminary Determinations,'' dated November 15, 2017 (Preliminary Scope Decision Memorandum). \11\ See the petitioners' letter, ``Certain Cold-Drawn Mechanical Tubing from Germany et al.--EN-10305-3,'' dated December 4, 2017. \12\ See Memorandum, ``Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the Federal Republic of Germany, India, Italy, the Republic of Korea, the People's Republic of China, and Switzerland: Scope Decision Memorandum for the Final Determinations: Final Scope Decision Memorandum,'' dated December 4, 2017 (Final Scope Decision Memorandum). --------------------------------------------------------------------------- Period of Investigation The POI is April 1, 2016, through March 31, 2017. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), Commerce conducted the cost and sales verifications of Dalmine in Dalmine, Italy, and Houston, Texas, between December 12, 2017, and February 13, 2018. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by the respondents. Following the Preliminary Determination, Metalfer withdrew its participation in the investigation as a mandatory respondent and did not participate in verification.\13\ --------------------------------------------------------------------------- \13\ See Metalfer's Letter, ``Metalfer's Withdrawal of Participation as Mandatory Respondent,'' dated December 8, 2017. --------------------------------------------------------------------------- Final Affirmative Determination of Critical Circumstances, in Part In the Preliminary Determination, in accordance with section 733(e)(1) of the Act and 19 CFR 351.206, Commerce found that critical circumstances existed for Dalmine and Metalfer, but not for all other producers or exporters. Commerce received no comments concerning the preliminary critical circumstances determination. For this final determination, while Commerce continues to find that, in accordance with section 735(a)(3) of the Act and 19 CFR 351.206, critical circumstances exist for Dalmine and Metalfer and do not exist for ``all other'' producers or exporters, Commerce has made changes to its analysis because, as discussed below, Commerce has determined that for both Dalmine and Metalfer, the use of adverse facts available is warranted in determining a margin for these companies. For further discussion of Commerce's critical circumstances analysis, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the issues raised is attached to this notice as Appendix II. Use of Facts Available and Adverse Facts Available For purposes of this final determination, Commerce relied on facts available with adverse inferences to assign an estimated weighted- average dumping margin to Dalmine and Metalfer, pursuant to sections 776(a)(2)(A)-(C) and 776(b) of the Act. For further information, see the Issues and Decision Memorandum. [[Page 16291]] Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to our analysis. As noted above, we are now applying adverse facts available in determining margins for the mandatory respondents. For a discussion of these and other changes, see the Issues and Decision Memorandum. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated ``all- others'' rate for exporters and producers not individually investigated shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for individually investigated exporters and producers, excluding any margins that are zero or de minimis or any margins determined entirely under section 776 of the Act. In contrast to the Preliminary Determination, we cannot apply the methodology described in section 735(c)(5)(A) of the Act to calculate the ``all-others'' rate because the margin for both individually-investigated respondents in the final determination was determined entirely under section 776 of the Act. In cases where no weighted-average dumping margins other than zero, de minimis, or those determined entirely under section 776 of the Act have been established for individually examined entities, in accordance with section 735(c)(5)(B) of the Act, Commerce averages the margins calculated by the petitioners in the petition and applies the result to ``all-other'' entities not individually examined.\14\ Consistent with our practice, we assigned as the ``all-others'' rate, the simple average of the three dumping margins provided in the petition, which is 47.87 percent. --------------------------------------------------------------------------- \14\ See Notice of Preliminary Determination of Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic of Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8, 2008), and accompanying Issues and Decision Memorandum at Comment 2 (Sodium Nitrite from Germany Final Determination). --------------------------------------------------------------------------- Final Determination Margins The weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Estimated weighted- Exporter or producer average dumping margin (percent) ------------------------------------------------------------------------ Dalmine, S.p.A.......................................... 68.95 Metalfer, S.p.A......................................... 68.95 All-Others.............................................. 47.87 ------------------------------------------------------------------------ Disclosure We will disclose the calculations performed within five days of any public announcement of this notice in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(4)(A) of the Act, for this final determination, Commerce will instruct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of cold-drawn mechanical tubing from Italy, as described in the Appendix I to this notice, produced or exported by Dalmine and Metalfer, which were entered, or withdrawn from warehouse, for consumption on or after August 24, 2017, (90 days prior to the date of publication of the Preliminary Determination), because we continue to find that critical circumstances exist with regard to imports from, produced, or exported by Dalmine and Metalfer. In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. CBP to continue to suspend liquidation of all appropriate entries of cold-drawn mechanical tubing, as described in Appendix I of this notice, produced or exported by ``all-other'' entities which were entered, or withdrawn from warehouse, for consumption on or after November 22, 2017, the date of publication of the Preliminary Determination. Furthermore, pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), Commerce will instruct CBP to require a cash deposit for such entries of merchandise equal to the estimated weighted-average dumping margin or the estimated all-others rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the respondent-specific estimated weighted-average dumping margin determined in this final determination; (2) if the exporter is not a respondent identified above but the producer is, then the cash deposit rate will be equal to the respondent-specific estimated weighted- average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. These instructions will stay in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2)(B) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of cold-drawn mechanical tubing from Italy no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ``Continuation of Suspension of Liquidation'' section. Notification Regarding Administrative Protective Orders This notice will serve as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/destruction or APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing this determination and notice in accordance with sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c). [[Page 16292]] Dated: April 9, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The scope of this investigation covers cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) of circular cross-section, 304.8 mm or more in length, in actual outside diameters less than 331 mm, and regardless of wall thickness, surface finish, end finish or industry specification. The subject cold-drawn mechanical tubing is a tubular product with a circular cross-sectional shape that has been cold-drawn or otherwise cold-finished after the initial tube formation in a manner that involves a change in the diameter or wall thickness of the tubing, or both. The subject cold-drawn mechanical tubing may be produced from either welded (e.g., electric resistance welded, continuous welded, etc.) or seamless (e.g., pierced, pilgered or extruded, etc.) carbon or alloy steel tubular products. It may also be heat treated after cold working. Such heat treatments may include, but are not limited to, annealing, normalizing, quenching and tempering, stress relieving or finish annealing. Typical cold-drawing methods for subject merchandise include, but are not limited to, drawing over mandrel, rod drawing, plug drawing, sink drawing and similar processes that involve reducing the outside diameter of the tubing with a die or similar device, whether or not controlling the inside diameter of the tubing with an internal support device such as a mandrel, rod, plug or similar device. Other cold-finishing operations that may be used to produce subject merchandise include cold-rolling and cold-sizing the tubing. Subject cold-drawn mechanical tubing is typically certified to meet industry specifications for cold-drawn tubing including but not limited to: (1) American Society for Testing and Materials (ASTM) or American Society of Mechanical Engineers (ASME) specifications ASTM A-512, ASTM A-513 Type 3 (ASME SA513 Type 3), ASTM A-513 Type 4 (ASME SA513 Type 4), ASTM A-513 Type 5 (ASME SA513 Type 5), ASTM A- 513 Type 6 (ASME SA513 Type 6), ASTM A-519 (cold-finished); (2) SAE International (Society of Automotive Engineers) specifications SAE J524, SAE J525, SAE J2833, SAE J2614, SAE J2467, SAE J2435, SAE J2613; (3) Aerospace Material Specification (AMS) AMS T-6736 (AMS 6736), AMS 6371, AMS 5050, AMS 5075, AMS 5062, AMS 6360, AMS 6361, AMS 6362, AMS 6371, AMS 6372, AMS 6374, AMS 6381, AMS 6415; (4) United States Military Standards (MIL) MIL-T-5066 and MIL-T- 6736; (5) foreign standards equivalent to one of the previously listed ASTM, ASME, SAE, AMS or MIL specifications including but not limited to: (a) German Institute for Standardization (DIN) specifications DIN 2391-2, DIN 2393-2, DIN 2394-2); (b) European Standards (EN) EN 10305-1, EN 10305-2, EN 10305-4, 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, nondestructive 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; Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Final Affirmative Determination of Critical Circumstances, in Part V. Changes Since the Preliminary Determination VI. Use of Facts Otherwise Available and Adverse Inferences VII. Discussion of the Issues Comment 1: Whether Applying Partial AFA to Dalmine for the Preliminary Determination was appropriate Comment 2: Whether Commerce Used Aberrational Values in the Application of Partial AFA to Dalmine for the Preliminary Determination Comment 3: Whether Commerce Had a Ministerial Error in the Program Calculating Dalmine's Margin for the Preliminary Determination Comment 4: Whether Commerce Properly Applied Its Differential Pricing Methodology in Selecting Dalmine's Cash Deposit Rate Comment 5: Whether Commerce Can Rely on Dalmine's U.S. and Home Market Sales Responses Comment 6: Whether Commerce Can Rely on Dalmine's Cost Response for the Final Determination Comment 7: Whether Commerce Should Apply Total Adverse Facts Available to Dalmine for the Final Determination Comment 8: Commerce's Selection of the Total Adverse Facts Available Rate for Metalfer VIII. Recommendation [FR Doc. 2018-07848 Filed 4-13-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices 16289
‘‘Regulations’’) 1 provides, in pertinent Richmond, with a last known address of controlled by the Denied Person if such
part, that ‘‘[t]he Director of the Office of 2731 E Eba Court, Green Valley, AZ service involves the use of any item
Exporter Services, in consultation with 85614, and when acting for or on his subject to the Regulations that has been
the Director of the Office of Export behalf, his successors, assigns, or will be exported from the United
Enforcement, may deny the export employees, agents or representatives States. For purposes of this paragraph,
privileges of any person who has been (‘‘the Denied Person’’), may not, directly servicing means installation,
convicted of a violation of the EAA or indirectly, participate in any way in maintenance, repair, modification or
[Export Administration Act], the EAR, any transaction involving any testing.
or any order, license, or authorization commodity, software or technology Third, after notice and opportunity for
issued thereunder; any regulation, (hereinafter collectively referred to as comment as provided in Section 766.23
license or order issued under the ‘‘item’’) exported or to be exported from of the Regulations, any other person,
International Emergency Economic the United States that is subject to the firm, corporation, or business
Powers Act (50 U.S.C. 1701–1706); 18 Regulations, including, but not limited organization related to Richmond by
U.S.C. 793, 794 or 798; section 4(b) of to: ownership, control, position of
the Internal Security Act of 1950 (50 A. Applying for, obtaining, or using responsibility, affiliation, or other
U.S.C. 783(b)); or section 38 of the Arms any license, license exception, or export connection in the conduct of trade or
Export Control Act (22 U.S.C. 2778).’’ 15 control document; business may also be made subject to
CFR 766.25(a); see also Section 11(h) of B. Carrying on negotiations the provisions of this Order in order to
the Export Administration Act (‘‘EAA’’ concerning, or ordering, buying, prevent evasion of this Order.
or ‘‘the Act’’), 50 U.S.C. 4610(h). The receiving, using, selling, delivering, Fourth, in accordance with Part 756 of
denial of export privileges under this storing, disposing of, forwarding, the Regulations, Richmond may file an
provision may be for a period of up to transporting, financing, or otherwise appeal of this Order with the Under
10 years from the date of the conviction. servicing in any way, any transaction Secretary of Commerce for Industry and
15 CFR 766.25(d); see also 50 U.S.C. involving any item exported or to be Security. The appeal must be filed
4610(h). In addition, Section 750.8 of exported from the United States that is within 45 days from the date of this
the Regulations states that the Bureau of subject to the Regulations, or engaging Order and must comply with the
Industry and Security’s Office of in any other activity subject to the provisions of Part 756 of the
Exporter Services may revoke any Regulations; or Regulations.
Bureau of Industry and Security (‘‘BIS’’) C. Benefitting in any way from any Fifth, a copy of this Order shall be
licenses previously issued pursuant to transaction involving any item exported delivered to Richmond and shall be
the Act or the Regulations in which the or to be exported from the United States published in the Federal Register.
person had an interest at the time of his/ that is subject to the Regulations, or Sixth, this Order is effective
her conviction. from any other activity subject to the immediately and shall remain in effect
BIS has received notice of Richmond’s Regulations. until December 2, 2026.
conviction for violating Section 38 of Second, no person may, directly or Issued this 6th day of April 2018.
the AECA, and has provided notice and indirectly, do any of the following:
Karen H. Nies-Vogel,
an opportunity for Richmond to make a A. Export or reexport to or on behalf
written submission to BIS, as provided of the Denied Person any item subject to Director, Office of Exporter Services.
in Section 766.25 of the Regulations. the Regulations; [FR Doc. 2018–07801 Filed 4–13–18; 8:45 am]
BIS has not received a submission from B. Take any action that facilitates the BILLING CODE P
Richmond. acquisition or attempted acquisition by
Based upon my review and the Denied Person of the ownership,
consultations with BIS’s Office of possession, or control of any item DEPARTMENT OF COMMERCE
Export Enforcement, including its subject to the Regulations that has been
Director, and the facts available to BIS, or will be exported from the United International Trade Administration
I have decided to deny Richmond’s States, including financing or other [A–475–838]
export privileges under the Regulations support activities related to a
for a period of 10 years from the date of transaction whereby the Denied Person Certain Cold-Drawn Mechanical Tubing
Richmond’s conviction. I have also acquires or attempts to acquire such of Carbon and Alloy Steel From Italy:
decided to revoke all licenses issued ownership, possession or control; Final Determination of Sales at Less
pursuant to the Act or Regulations in C. Take any action to acquire from or Than Fair Value and Final Affirmative
which Richmond had an interest at the to facilitate the acquisition or attempted Determination of Critical
time of his conviction. acquisition from the Denied Person of Circumstances, in Part
Accordingly, it is hereby ordered: any item subject to the Regulations that
First, from the date of this Order until AGENCY: Enforcement and Compliance,
has been exported from the United
December 2, 2026, Earl Henry International Trade Administration,
States;
Department of Commerce.
D. Obtain from the Denied Person in
1 The Regulations are currently codified in the
the United States any item subject to the SUMMARY: The Department of Commerce
Code of Federal Regulations at 15 CFR parts 730–
Regulations with knowledge or reason (Commerce) determines that certain
774 (2017). The Regulations issued pursuant to the cold-drawn mechanical tubing of carbon
Export Administration Act (50 U.S.C. 4601–4623 to know that the item will be, or is
(Supp. III 2015) (available at http:// intended to be, exported from the and alloy steel (cold-drawn mechanical
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since United States; or tubing) from Italy is being, or is likely
srobinson on DSK3G9T082PROD with NOTICES
August 21, 2001, the Act has been in lapse and the E. Engage in any transaction to service to be, sold in the United States at less
President, through Executive Order 13222 of August than fair value (LTFV), during the
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which any item subject to the Regulations that
has been extended by successive Presidential has been or will be exported from the period of investigation (POI) is April 1,
Notices, the most recent being that of August 15, United States and which is owned, 2016, through March 31, 2017.
2017 (82 FR 39005 (Aug. 16, 2017)), has continued DATES: Effective April 16, 2018.
the Regulations in effect under the International
possessed or controlled by the Denied
Emergency Economic Powers Act (50 U.S.C. 1701, Person, or service any item, of whatever FOR FURTHER INFORMATION CONTACT:
et seq. (2012)). origin, that is owned, possessed or Carrie Bethea, AD/CVD Operations,
VerDate Sep<11>2014 19:42 Apr 13, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\16APN1.SGM 16APN1](https://thefederalregister.org/doc/83_FR_16362/page/1.svg)
![16292 Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices
Dated: April 9, 2018. (b) European Standards (EN) EN 10305–1, VI. Use of Facts Otherwise Available and
Gary Taverman, EN 10305–2, EN 10305–4, EN 10305–6 and Adverse Inferences
Deputy Assistant Secretary for Antidumping European national variations on those VII. Discussion of the Issues
standards (e.g., British Standard (BS EN), Comment 1: Whether Applying Partial
and Countervailing Duty Operations,
Irish Standard (IS EN) and German Standard AFA to Dalmine for the Preliminary
performing the non-exclusive functions and
(DIN EN) variations, etc.); Determination was appropriate
duties of the Assistant Secretary for
(c) Japanese Industrial Standard (JIS) JIS G Comment 2: Whether Commerce Used
Enforcement and Compliance.
3441 and JIS G 3445; and Aberrational Values in the Application
Appendix I (6) proprietary standards that are based on of Partial AFA to Dalmine for the
one of the above-listed standards. Preliminary Determination
Scope of the Investigation The subject cold-drawn mechanical tubing Comment 3: Whether Commerce Had a
The scope of this investigation covers cold- may also be dual or multiple certified to Ministerial Error in the Program
drawn mechanical tubing of carbon and alloy more than one standard. Pipe that is multiple Calculating Dalmine’s Margin for the
steel (cold-drawn mechanical tubing) of certified as cold-drawn mechanical tubing Preliminary Determination
circular cross-section, 304.8 mm or more in and to other specifications not covered by Comment 4: Whether Commerce Properly
length, in actual outside diameters less than this scope, is also covered by the scope of Applied Its Differential Pricing
331 mm, and regardless of wall thickness, this investigation when it meets the physical Methodology in Selecting Dalmine’s
surface finish, end finish or industry description set forth above. Cash Deposit Rate
specification. The subject cold-drawn Steel products included in the scope of this Comment 5: Whether Commerce Can Rely
mechanical tubing is a tubular product with investigation are products in which: (1) Iron on Dalmine’s U.S. and Home Market
a circular cross-sectional shape that has been predominates, by weight, over each of the Sales Responses
cold-drawn or otherwise cold-finished after other contained elements; and (2) the carbon Comment 6: Whether Commerce Can Rely
the initial tube formation in a manner that content is 2 percent or less by weight. on Dalmine’s Cost Response for the Final
involves a change in the diameter or wall For purposes of this scope, the place of Determination
thickness of the tubing, or both. The subject cold-drawing determines the country of Comment 7: Whether Commerce Should
cold-drawn mechanical tubing may be origin of the subject merchandise. Subject Apply Total Adverse Facts Available to
produced from either welded (e.g., electric merchandise that is subject to minor working Dalmine for the Final Determination
resistance welded, continuous welded, etc.) in a third country that occurs after drawing Comment 8: Commerce’s Selection of the
or seamless (e.g., pierced, pilgered or in one of the subject countries including, but Total Adverse Facts Available Rate for
extruded, etc.) carbon or alloy steel tubular not limited to, heat treatment, cutting to Metalfer
products. It may also be heat treated after length, straightening, nondestructive testing, VIII. Recommendation
cold working. Such heat treatments may deburring or chamfering, remains within the
include, but are not limited to, annealing, scope of this investigation. [FR Doc. 2018–07848 Filed 4–13–18; 8:45 am]
normalizing, quenching and tempering, stress All products that meet the written physical BILLING CODE 3510–DS–P
relieving or finish annealing. Typical cold- description are within the scope of this
drawing methods for subject merchandise investigation unless specifically excluded or
include, but are not limited to, drawing over covered by the scope of an existing order. DEPARTMENT OF COMMERCE
mandrel, rod drawing, plug drawing, sink Merchandise that meets the physical
drawing and similar processes that involve description of cold-drawn mechanical tubing International Trade Administration
reducing the outside diameter of the tubing above is within the scope of the investigation
with a die or similar device, whether or not even if it is also dual or multiple certified to Environmental Technologies Trade
controlling the inside diameter of the tubing an otherwise excluded specification listed
with an internal support device such as a Advisory Committee (ETTAC) Public
below. The following products are outside of, Meeting
mandrel, rod, plug or similar device. Other and/or specifically excluded from, the scope
cold-finishing operations that may be used to of this investigation: AGENCY: International Trade
produce subject merchandise include cold- (1) cold-drawn stainless steel tubing,
rolling and cold-sizing the tubing. Administration, DOC.
containing 10.5 percent or more of chromium
Subject cold-drawn mechanical tubing is ACTION: Notice of an Open Meeting of a
by weight and not more than 1.2 percent of
typically certified to meet industry carbon by weight; Federal Advisory Committee.
specifications for cold-drawn tubing (2) products certified to one or more of the
including but not limited to: ASTM, ASME or American Petroleum
SUMMARY: This notice sets forth the
(1) American Society for Testing and Institute (API) specifications listed below: schedule and proposed agenda of a
Materials (ASTM) or American Society of • ASTM A–53; meeting of the Environmental
Mechanical Engineers (ASME) specifications • ASTM A–106; Technologies Trade Advisory
ASTM A–512, ASTM A–513 Type 3 (ASME • ASTM A–179 (ASME SA 179); Committee (ETTAC).
SA513 Type 3), ASTM A–513 Type 4 (ASME • ASTM A–192 (ASME SA 192);
SA513 Type 4), ASTM A–513 Type 5 (ASME DATES: The teleconference meeting is
• ASTM A–209 (ASME SA 209); scheduled for Monday, April 30, 2018
SA513 Type 5), ASTM A–513 Type 6 (ASME • ASTM A–210 (ASME SA 210);
SA513 Type 6), ASTM A–519 (cold-finished); • ASTM A–213 (ASME SA 213);
from 1:00 p.m.–3:00 p.m. Eastern
(2) SAE International (Society of • ASTM A–334 (ASME SA 334); Daylight Time (EDT). The deadline for
Automotive Engineers) specifications SAE • ASTM A–423 (ASME SA 423); members of the public to register or to
J524, SAE J525, SAE J2833, SAE J2614, SAE • ASTM A–498; submit written comments for
J2467, SAE J2435, SAE J2613; • ASTM A–496 (ASME SA 496); dissemination prior to the
(3) Aerospace Material Specification (AMS) • ASTM A–199;
AMS T–6736 (AMS 6736), AMS 6371, AMS
teleconference is 5:00 p.m. EDT on
• ASTM A–500; Monday, April 23, 2018. The deadline
5050, AMS 5075, AMS 5062, AMS 6360,
AMS 6361, AMS 6362, AMS 6371, AMS Appendix II for members of the public to request
6372, AMS 6374, AMS 6381, AMS 6415; auxiliary aids is 5:00 p.m. EDT on
(4) United States Military Standards (MIL) List of Topics Discussed in the Issues and Monday, April 23, 2018.
srobinson on DSK3G9T082PROD with NOTICES
MIL–T–5066 and MIL–T–6736; Decision Memorandum
ADDRESSES: The meeting will take place
(5) foreign standards equivalent to one of I. Summary via teleconference. The address to
the previously listed ASTM, ASME, SAE, II. Background
AMS or MIL specifications including but not III. Scope of the Investigation
register and obtain call-in information;
limited to: IV. Final Affirmative Determination of submit comments; or request auxiliary
(a) German Institute for Standardization Critical Circumstances, in Part aids is: Ms. Tracy Gerstle, Office of
(DIN) specifications DIN 2391–2, DIN 2393– V. Changes Since the Preliminary Energy & Environmental Industries
2, DIN 2394–2); Determination (OEEI), International Trade
VerDate Sep<11>2014 19:42 Apr 13, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\16APN1.SGM 16APN1](https://thefederalregister.org/doc/83_FR_16362/page/4.svg)
Document Created: 2018-04-14 02:19:27
Document Modified: 2018-04-14 02:19:27
| 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 | Effective April 16, 2018. | |
| Contact | 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) 482-1491. | |
| FR Citation | 83 FR 16289 |
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