83 FR 16293 - Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From Switzerland: Final Determination of Sales at Less Than Fair Value
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 | 16293-16296 | |
| FR Document | 2018-07853 |
[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)] [Notices] [Pages 16293-16296] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-07853] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-441-801] Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From Switzerland: Final Determination of Sales at Less Than Fair Value 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 Switzerland is being, or is likely to be, sold in the United States at less than fair value (LTFV). The final estimated weighted-average dumping margins of sales at LTFV are listed below in the section entitled ``Final Determination.'' The period of investigation (POI) is April 1, 2016, through March 31, 2017. DATES: Applicable April 16, 2018. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4243. SUPPLEMENTARY INFORMATION: Background On November 22, 2017, Commerce published the Preliminary Determination of sales at LTFV of cold-drawn mechanical tubing from Switzerland,\1\ and on January 3, 2018, we published an Amended Preliminary Determination.\2\ The petitioners in this investigation are ArcelorMittal Tubular Products, Michigan Seamless Tube, LLC, Plymouth Tube Co. USA, PTC Alliance Corp., Webco Industries, Inc. and Zekelman Industries, Inc. (collectively, the petitioners). The mandatory respondents in this investigation are Benteler Rothrist AG (Benteler Rothrist) and Mubea Pr[auml]zisionsstahlrohr AG (MPST) and Mubea Inc. (collectively, Mubea). A complete summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.\3\ --------------------------------------------------------------------------- \1\ See Cold-Drawn Mechanical Tubing from Switzerland: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Postponement of Final Determination, and Extension of Provisional Measures, 82 FR 55571 (November 22, 2017) (Preliminary Determination) and accompanying memorandum, ``Decision Memorandum for the Preliminary Determination in the Less-Than-Fair-Value Investigation of Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from Switzerland'' (Preliminary Decision Memorandum). See also Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from Switzerland: Amended Preliminary Determination of Sales at Less Than Fair Value, 82 FR 346 (January 3, 2018) (Amended Preliminary Determination); Memorandum, ``Analysis Memorandum for the Amended Preliminary Determination of the Antidumping Duty Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel (Cold Drawn Mechanical Tubing) from Switzerland: Benteler Rothrist AG (Benteler Rothrist),'' dated December 21, 2017 (Benteler Rothrist's Ministerial Error Memorandum); and, Memorandum, ``Antidumping Duty Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from Switzerland: Ministerial Error Allegations in the Preliminary Determination,'' dated December 21, 2017 (Mubea's Ministerial Error Memorandum). \2\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from Switzerland: Amended Preliminary Determination of Sales at Less Than Fair Value, 82 FR 346 (January 3, 2018) (Amended Preliminary Determination); Memorandum, ``Antidumping Duty Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from Switzerland: Ministerial Error Allegations in the Preliminary Determination,'' dated December 21, 2017 (Ministerial Error Memorandum). \3\ See Memorandum, ``Issues and Decision Memorandum for the Final Determination in the Antidumping Duty Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from Switzerland of Switzerland,'' dated concurrently with this determination and hereby adopted by this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- The Issues and Decision Memorandum is a public document and is available electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). Access is available to registered users at https://access.trade.gov and to all parties in the Central Records Unit, Room B-8024 of Commerce's main building. In addition, a complete version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and electronic version are identical in content. [[Page 16294]] Scope of the Investigation The product covered by this investigation is cold-drawn mechanical tubing from Switzerland. Commerce did not receive any scope comments subsequent to the Preliminary Determination and, therefore, the scope has not been updated since the Preliminary Determination. See Appendix I of this notice. 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 verified the sales and cost data reported by Benteler Rothrist and Mubea for use in our final determination. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by the respondents. Analysis of Comments Received All issues raised in the case briefs and rebuttal briefs submitted by interested parties in this proceeding are discussed in the Issues and Decision Memorandum. A list of the issues raised by parties and responded to by Commerce in the Issues and Decision Memorandum is attached at Appendix II. Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculations for AKP and LG Chem since the Preliminary Determination. These changes are discussed in the ``Margin Calculations'' section of the Issues and Decision Memorandum. All-Others Rate In accordance with section 735(c)(1)(B)(i)(I) of the Act, Commerce calculated a dumping margin for the individually investigated exporters/producers of the subject merchandise. Consistent with sections 735(c)(1)(B)(i)(II) and 735(c)(5) of the Act, Commerce also calculated an estimated ``all-others'' rate for exporters and producers not individually investigated. Section 735(c)(5)(A) of the Act provides that the ``all-others'' rate 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. We calculated the all-others rate using a weighted average of the dumping margins calculated for the mandatory respondents using each company's publicly-ranged values for the merchandise under consideration, pursuant to section 735(c)(5)(A) of the Act, as referenced in the ``Final Determination'' section below.\4\ --------------------------------------------------------------------------- \4\ See memorandum to the file, ``Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from Switzerland from the Republic of Switzerland: Calculation of All--Others' Rate in the Final Determination,'' dated concurrently with this notice. --------------------------------------------------------------------------- Final Determination Margins The weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Weighted- average Exporter/producer margins (percent) ------------------------------------------------------------------------ Benteler Rothrist AG (Benteler Rothrist)................ 12.50 Mubea Pr[auml]zisionsstahlrohr AG (MPST)................ 30.48 All-Others.............................................. 13.55 ------------------------------------------------------------------------ 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)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue the suspension of liquidation of all appropriate entries of cold-drawn mechanical tubing from Switzerland, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after November 22, 2017, the date of publication of the Preliminary Determination of this investigation in the Federal Register. Further, Commerce will instruct CBP to require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price as shown above. In accordance with section 733(e)(2) 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 Switzerland, as described in the Appendix I to this notice, produced or exported by LDC and ``all other'' exporters and producers not individually examined, which were entered, or withdrawn from warehouse, for consumption on or after November 22, 2017, the date of publication of the Preliminary Determination of this investigation in the Federal Register. 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. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the 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) 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, or sales (or the likelihood of sales) for importation of cold-drawn mechanical tubing from Switzerland 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. Notification Regarding Administrative Protective Orders This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance [[Page 16295]] with 19 CFR 351.305(a)(3). Timely notification of the return or destruction of 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 violation subject to sanction. 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). 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, nondestruction testing, deburring or chamfering, remains within the scope of the 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 investigations even if it is also dual or multiple certified to an otherwise excluded specification listed below. The following products are outside of, and/or specifically excluded from, the scope of 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 investigations are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7304.31.3000, 7304.31.6050, 7304.51.1000, 7304.51.5005, 7304.51.5060, 7306.30.5015, 7306.30.5020, 7306.50.5030. Subject merchandise may also enter under numbers 7306.30.1000 and 7306.50.1000. The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Changes Since the Preliminary Determination V. Discussion of the Issues Comment 1: The Inclusion of Sample Sales in Benteler Rothrist's Margin Calculation Comment 2: Identification of Missing Information for Certain of Benteler Rothrist's U.S. and Comparison Market Sales Comment 3: Use of the Average-to-Average Methodology for Benteler Rothrist's Margin Calculation Comment 4: Margin Offsets for Section 232 Duties Comment 5: Mubea's Reported Date of Sale in the Third-Country Comment 6: Application of AFA to Mubea for the Cohen's d Test Due to Inaccurate Reporting of Customer Locations Comment 7: Commerce Should Calculate the Margin Based on Transfer Prices From MPST in Switzerland to Mubea, Inc. in the United States Comment 8: Mubea's Startup Adjustment for the U.S. Further Manufacturing Operations Comment 9: Calculation of Mubea, Inc.'s General and Administrative Expense for Further Manufacturing in the United States Comment 10: Unreconciled Difference in Reconciliation Between Financial Records and the Reported Cost Database for Mubea Comment 11: Revisions and Minor Corrections to Mubea's Response [[Page 16296]] VI. Recommendation [FR Doc. 2018-07853 Filed 4-13-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices 16293
Administration, Room 28018, 1401 Committee, through the Secretary of we published an Amended Preliminary
Constitution Avenue NW, Washington, Commerce, on the development and Determination.2 The petitioners in this
DC 20230 or email: tracy.gerstle@ administration of programs to expand investigation are ArcelorMittal Tubular
trade.gov. U.S. exports of environmental Products, Michigan Seamless Tube,
FOR FURTHER INFORMATION CONTACT: Ms. technologies, goods, services, and LLC, Plymouth Tube Co. USA, PTC
Tracy Gerstle, Office of Energy & products. The ETTAC was originally Alliance Corp., Webco Industries, Inc.
Environmental Industries (OEEI), chartered in May of 1994. It was most and Zekelman Industries, Inc.
International Trade Administration, recently re-chartered until August 2018. (collectively, the petitioners). The
Room 28018, 1401 Constitution Avenue Dated: April 10, 2018. mandatory respondents in this
NW, Washington, DC 20230 (Phone: investigation are Benteler Rothrist AG
Man Cho,
202–482–0810; Fax: 202–482–5665; (Benteler Rothrist) and Mubea
Deputy Director, Office of Energy and
email: tracy.gerstle@trade.gov). Präzisionsstahlrohr AG (MPST) and
Environmental Industries.
Mubea Inc. (collectively, Mubea). A
SUPPLEMENTARY INFORMATION: The [FR Doc. 2018–07861 Filed 4–13–18; 8:45 am]
complete summary of the events that
meeting will take place on April 30 from BILLING CODE 3510–DR–P
occurred since Commerce published the
1:00 p.m. to 3:00 p.m. EDT. The general Preliminary Determination, as well as a
meeting is open to the public and time full discussion of the issues raised by
will be permitted for public comment DEPARTMENT OF COMMERCE
parties for this final determination, may
from 2:45–3:00 p.m. EDT. Members of be found in the Issues and Decision
the public seeking to attend the meeting International Trade Administration
Memorandum.3
are required to register in advance. [A–441–801] The Issues and Decision
Those interested in attending must Memorandum is a public document and
provide notification by Monday, April Certain Cold-Drawn Mechanical Tubing is available electronically via
23, 2018 at 5:00 p.m. EDT, via the of Carbon and Alloy Steel From Enforcement and Compliance’s
contact information provided above. Switzerland: Final Determination of Antidumping and Countervailing Duty
This teleconference is accessible to Sales at Less Than Fair Value Centralized Electronic Service System
people with disabilities. Requests for (ACCESS). Access is available to
AGENCY: Enforcement and Compliance,
auxiliary aids should be directed to registered users at https://
International Trade Administration,
OEEI at (202) 482–0810 no less than one access.trade.gov and to all parties in the
Department of Commerce.
week prior to the meeting. Requests Central Records Unit, Room B–8024 of
received after this date will be accepted, SUMMARY: The Department of Commerce
Commerce’s main building. In addition,
but it may not be possible to (Commerce) determines that certain
a complete version of the Issues and
accommodate them. cold-drawn mechanical tubing of carbon
Decision Memorandum can be accessed
Written comments concerning ETTAC and alloy steel (cold-drawn mechanical
at http://enforcement.trade.gov/frn/.
affairs are welcome any time before or tubing) from Switzerland is being, or is
The signed Issues and Decision
after the meeting. To be considered likely to be, sold in the United States at
Memorandum and electronic version are
during the meeting, written comments less than fair value (LTFV). The final identical in content.
must be received by Monday, April 23, estimated weighted-average dumping
2018 at 5:00 p.m. EDT to ensure margins of sales at LTFV are listed Memorandum). See also Certain Cold-Drawn
transmission to the members before the below in the section entitled ‘‘Final Mechanical Tubing of Carbon and Alloy Steel from
meeting. Minutes will be available Determination.’’ The period of Switzerland: Amended Preliminary Determination
investigation (POI) is April 1, 2016, of Sales at Less Than Fair Value, 82 FR 346
within 30 days of this meeting. (January 3, 2018) (Amended Preliminary
Topic to be considered: During the through March 31, 2017. Determination); Memorandum, ‘‘Analysis
April 30, 2018 meeting the three ETTAC DATES: Applicable April 16, 2018. Memorandum for the Amended Preliminary
subcommittees will discuss their top FOR FURTHER INFORMATION CONTACT: Determination of the Antidumping Duty
Investigation of Certain Cold-Drawn Mechanical
priorities for this charter period, with Laurel LaCivita, AD/CVD Operations, Tubing of Carbon and Alloy Steel (Cold Drawn
the goal of finalizing the ETTAC’s Office III, Enforcement and Compliance, Mechanical Tubing) from Switzerland: Benteler
recommendations for the Secretary of International Trade Administration, Rothrist AG (Benteler Rothrist),’’ dated December
Commerce, for their current two year 21, 2017 (Benteler Rothrist’s Ministerial Error
U.S. Department of Commerce, 1401 Memorandum); and, Memorandum, ‘‘Antidumping
charter, which ends in August 2018. Constitution Avenue NW, Washington, Duty Investigation of Certain Cold-Drawn
Topics under discussion include DC 20230; telephone: (202) 482–4243. Mechanical Tubing of Carbon and Alloy Steel from
optimizing the U.S. Government’s trade SUPPLEMENTARY INFORMATION: Switzerland: Ministerial Error Allegations in the
promotion programs, identifying market Preliminary Determination,’’ dated December 21,
Background 2017 (Mubea’s Ministerial Error Memorandum).
access barriers, pros and cons of existing 2 See Certain Cold-Drawn Mechanical Tubing of
trade agreements, and discussing foreign On November 22, 2017, Commerce Carbon and Alloy Steel from Switzerland: Amended
procurement policy, including issues published the Preliminary Preliminary Determination of Sales at Less Than
with financing mechanisms, localization Determination of sales at LTFV of cold- Fair Value, 82 FR 346 (January 3, 2018) (Amended
Preliminary Determination); Memorandum,
requirements and non-tariff barriers. drawn mechanical tubing from ‘‘Antidumping Duty Investigation of Certain Cold-
The ETTAC’s subcommittees are: Trade Switzerland,1 and on January 3, 2018, Drawn Mechanical Tubing of Carbon and Alloy
Promotion and Export Market Steel from Switzerland: Ministerial Error
Development, Professional Services and 1 See Cold-Drawn Mechanical Tubing from Allegations in the Preliminary Determination,’’
Switzerland: Preliminary Affirmative Determination dated December 21, 2017 (Ministerial Error
Infrastructure Advancement, and Trade
srobinson on DSK3G9T082PROD with NOTICES
of Sales at Less Than Fair Value and Postponement Memorandum).
Policy and American Competitiveness. of Final Determination, and Extension of 3 See Memorandum, ‘‘Issues and Decision
Background: The ETTAC is mandated Provisional Measures, 82 FR 55571 (November 22, Memorandum for the Final Determination in the
by Section 2313(c) of the Export 2017) (Preliminary Determination) and Antidumping Duty Investigation of Certain Cold-
Enhancement Act of 1988, as amended, accompanying memorandum, ‘‘Decision Drawn Mechanical Tubing of Carbon and Alloy
Memorandum for the Preliminary Determination in Steel from Switzerland of Switzerland,’’ dated
15 U.S.C. 4728(c), to advise the the Less-Than-Fair-Value Investigation of Cold- concurrently with this determination and hereby
Environmental Trade Working Group of Drawn Mechanical Tubing of Carbon and Alloy adopted by this notice (Issues and Decision
the Trade Promotion Coordinating Steel from Switzerland’’ (Preliminary Decision Memorandum).
VerDate Sep<11>2014 19:42 Apr 13, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\16APN1.SGM 16APN1](https://thefederalregister.org/doc/83_FR_16366/page/1.svg)
![16296 Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Notices
VI. Recommendation Zekelman Industries, Inc. (collectively, 4, 2017, the petitioners withdrew a
[FR Doc. 2018–07853 Filed 4–13–18; 8:45 am] the petitioners), and the two mandatory portion of their comments regarding the
BILLING CODE 3510–DS–P
respondents, Goodluck India Limited scope language.7 Commerce addressed
(Goodluck), and Tube Products of India, all scope comments received in the
Ltd. a unit of Tube Investments of India Final Scope Decision Memorandum.8
DEPARTMENT OF COMMERCE Limited (collectively, TPI) filed case and
Period of Investigation
rebuttal briefs. Commerce exercised its
International Trade Administration discretion to toll all deadlines affected The POI is April 1, 2016, through
by the closure of the Federal March 31, 2017.
[A–533–873]
Government from January 20 through Verification
Certain Cold-Drawn Mechanical Tubing 22, 2018. As a result, the revised
deadline for the final determination of As provided in section 782(i) of the
of Carbon and Alloy Steel From India:
this investigation is now April 9, 2018.4 Tariff Act of 1930, as amended (the Act),
Final Affirmative Determination of
A summary of the events that between November and December 2017,
Sales at Less than Fair Value
occurred since Commerce published the Commerce conduced a verification of
AGENCY: Enforcement and Compliance, Preliminary Determination, as well as a the sales and cost data reported by
International Trade Administration, full discussion of the issues raised by Goodluck and TPI. We used standard
Department of Commerce. parties for this final determination, may verification procedures, including an
SUMMARY: The Department of Commerce be found in the accompanying Issues examination of relevant accounting and
(Commerce) determines that imports of and Decision Memorandum.5 The Issues production records, and original source
certain cold-drawn mechanical tubing of and Decision Memorandum is a public documents provided by the
carbon and alloy steel (cold-drawn document, and is on file electronically respondents.
mechanical tubing) from India are being, via Enforcement and Compliance’s Analysis of Comments Received
or are likely to be, sold in the United Antidumping and Countervailing Duty
States at less than fair value (LTFV) All issues raised in the case and
Centralized Electronic Service System
during the period of investigation (POI) rebuttal briefs that were submitted by
(ACCESS). ACCESS is available to
April 1, 2016, through March 31, 2017. interested parties in this investigation
registered users at http://
are addressed in the Issues and Decision
DATES: Effective Date: April 16, 2018. access.trade.gov, and to all parties in the
Memorandum. A list of these issues is
FOR FURTHER INFORMATION CONTACT: Central Records Unit, room B8024 of the
attached to this notice at Appendix II.
Susan Pulongbarit or Omar Qureshi, main Department of Commerce
AD/CVD Operations, Office V, building. In addition, a complete Use of Facts Available and Adverse
Enforcement and Compliance, version of the Issues and Decision Facts Available
International Trade Administration, Memorandum can be accessed directly For purposes of this final
U.S. Department of Commerce, 1401 at http://enforcement.trade.gov. The determination, Commerce determined
Constitution Avenue NW, Washington, signed and electronic versions of the Goodluck’s margin on the basis of facts
DC 20230; telephone: (202) 482–4031 or Issues and Decision Memorandum are available with adverse inferences,
(202) 482–5307, respectively. identical in content. pursuant to sections 776(a)(1),
SUPPLEMENTARY INFORMATION: Scope of the Investigation 776(a)(2)(B)–(C), and 776(b) of the Act.
Background For further information, see the Issues
The product covered by this
and Decision Memorandum.
On November 22, 2017, Commerce investigation is cold-drawn mechanical
published in the Federal Register the tubing from India. For a complete Changes Since the Preliminary
preliminary affirmative determination of description of the scope of this Determination
sales at LTFV in the antidumping duty investigation, see Appendix I. Based on our analysis of the
(AD) investigation of cold-drawn Scope Comments comments received and our findings at
mechanical tubing from India.1 On verification, we made certain changes to
January 9, 2018, Commerce published Certain interested parties commented
the margin calculations. For a
the Amended Preliminary on the scope of the investigation as it
discussion of these changes, see the
Determination in the Federal Register.2 appeared in the Preliminary Scope
Issues and Decision Memorandum.
Commerce invited comments from Decision Memorandum.6 On December
interested parties on the Preliminary All-Others Rate
4 See Memorandum for The Record from
Determination.3 The petitioners, Christian Marsh, Deputy Assistant Secretary for Sections 735(c)(1)(B)(i)(II) and
ArcelorMittal Tubular Products, Enforcement and Compliance, performing the non- 735(c)(5) of the Act provide that in the
Michigan Seamless Tube, LLC, exclusive functions and duties of the Assistant final determination Commerce shall
Plymouth Tube Co. USA, PTC Alliance Secretary for Enforcement and Compliance, determine an estimated all-others rate
‘‘Deadlines Affected by the Shutdown of the Federal
Corp., Webco Industries, Inc., and Government’’ (Tolling Memorandum), dated for all exporters and producers not
January 23, 2018. All deadlines in this segment of
1 See Certain Cold-Drawn Mechanical Tubing of the proceeding have been extended by 3 days. Memorandum for the Preliminary Determinations,’’
Carbon and Alloy Steel from India: Preliminary 5 See Memorandum, ‘‘Issues and Decision dated November 15, 2017 (Preliminary Scope
Affirmative Determination of Sales at Less than Fair Memorandum for the Final Affirmative Decision Memorandum).
Value, in Part, Postponement of Final Determination in the Less-than-Fair-Value 7 See the petitioners’ letter, ‘‘Certain Cold-Drawn
Determination, and Extension of Provisional Investigation of Certain Cold-Drawn Mechanical Mechanical Tubing from Germany et al.—EN–
srobinson on DSK3G9T082PROD with NOTICES
Measures, 82 FR 55567 (Preliminary Tubing of Carbon and Alloy Steel from India,’’ 10305–3,’’ dated December 4, 2017.
Determination). dated concurrently with this determination and 8 See Memorandum, ‘‘Certain Cold-Drawn
2 See Cold-Drawn Mechanical Tubing of Carbon hereby adopted by this notice (Issues and Decision Mechanical Tubing of Carbon and Alloy Steel from
and Alloy Steel from India: Amended Preliminary Memorandum or IDM). the Federal Republic of Germany, India, Italy, the
Determination of Sales at Less than Fair Value, 83 6 See Memorandum, ‘‘Certain Cold-Drawn Republic of Korea, the People’s Republic of China,
FR 1021 (Amended Preliminary Determination). Mechanical Tubing of Carbon and Alloy Steel from and Switzerland: Scope Decision Memorandum for
3 See Memorandum, ‘‘Antidumping Investigation the Federal Republic of Germany, India, Italy, the the Final Determinations: Final Scope Decision
of Cold-Drawn Mechanical Tubing from India: Case Republic of Korea, the People’s Republic of China, Memorandum,’’ dated December 4, 2017 (Final
Brief Schedule,’’ February 8, 2018. and Switzerland: Scope Comments Decision Scope Decision Memorandum).
VerDate Sep<11>2014 19:42 Apr 13, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\16APN1.SGM 16APN1](https://thefederalregister.org/doc/83_FR_16366/page/4.svg)
Document Created: 2018-04-14 02:19:00
Document Modified: 2018-04-14 02:19:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable April 16, 2018. | |
| Contact | Laurel LaCivita, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4243. | |
| FR Citation | 83 FR 16293 |
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