83_FR_30823 83 FR 30697 - Large Diameter Welded Pipe From the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination

83 FR 30697 - Large Diameter Welded Pipe From the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 126 (June 29, 2018)

Page Range30697-30699
FR Document2018-13565

The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of large diameter welded pipe (welded pipe) from the Republic of Turkey (Turkey) for the period of investigation of January 1, 2017, through December 31, 2017. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 83 Issue 126 (Friday, June 29, 2018)
[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Notices]
[Pages 30697-30699]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13565]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-834]


Large Diameter Welded Pipe From the Republic of Turkey: 
Preliminary Affirmative Countervailing Duty Determination and Alignment 
of Final Determination With Final Antidumping Duty Determination

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of large diameter welded pipe (welded pipe) from the Republic 
of Turkey (Turkey) for the period of investigation of January 1, 2017, 
through December 31, 2017. Interested parties are invited to comment on 
this preliminary determination.

DATES: Applicable June 29, 2018.

FOR FURTHER INFORMATION CONTACT: Ross Belliveau or Ajay Menon, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4952 or (202) 482-1993, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on February 
20, 2018.\1\ On April 2, 2018, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now 
June 19, 2018.\2\ For a complete

[[Page 30698]]

description of the events that followed the initiation of this 
investigation, see the Preliminary Decision Memorandum.\3\ A list of 
topics discussed in the Preliminary Decision Memorandum is included as 
Appendix II to this notice. The Preliminary Decision Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov, and is available to all parties in the Central 
Records Unit, room B8024 of the main Department of Commerce building. 
In addition, a complete version of the Preliminary Decision Memorandum 
can be accessed directly at http://enforcement.trade.gov/frn/. The 
signed and electronic versions of the Preliminary Decision Memorandum 
are identical in content.
---------------------------------------------------------------------------

    \1\ See Large Diameter Welded Pipe from India, the People's 
Republic of China, the Republic of Korea, and the Republic of 
Turkey: Initiation of Countervailing Duty Investigations, 83 FR 7148 
(February 20, 2018) (Initiation Notice).
    \2\ See Large Diameter Welded Pipe from India, the People's 
Republic of China, the Republic of Korea, and the Republic of 
Turkey: Postponement of Preliminary Determinations in the 
Countervailing Duty Investigations, 83 FR 13946 (April 2, 2018).
    \3\ See Memorandum, ``Decision Memorandum for the Affirmative 
Preliminary Determination of the Countervailing Duty Investigation 
of Large Diameter Welded Pipe from the Republic of Turkey,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is welded pipe from 
Turkey. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
---------------------------------------------------------------------------

    For a summary of the product coverage comments and rebuttal 
responses submitted to the record for this preliminary determination, 
and accompanying discussion and analysis of all comments timely 
received, see the Preliminary Scope Decision Memorandum.\6\ Commerce is 
preliminarily modifying the scope language as it appeared in the 
Initiation Notice. See revised scope in Appendix I. Interested parties 
will have the opportunity to submit case and rebuttal briefs on the 
preliminary scope determinations. We will notify parties of the due 
dates for these briefs at a later time.
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Large Diameter Welded Pipe from Canada, 
Greece, India, the People's Republic of China, the Republic of 
Korea, and the Republic of Turkey: Scope Comments Decision 
Memorandum for the Preliminary Determinations,'' dated concurrently 
with this notice (Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e., a financial contribution by an ``authority'' that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\7\
---------------------------------------------------------------------------

    \7\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Alignment

    In accordance with section 705(a)(1) of the Act and 19 CFR 
351.210(b)(4), Commerce is aligning the final countervailing duty (CVD) 
determination in this investigation with the final determination in the 
companion antidumping duty (AD) investigation of welded pipe from 
Turkey based on a request made by American Cast Iron Pipe Company, Berg 
Steel Pipe Corp./Berg Spiral Pipe Corp, Dura-Bond Industries, Skyline 
Steel, Stupp Corporation, Greens Bayou Pipe Mill, LP, JSW Steel (USA) 
Inc., and Trinity Products LLC (collectively, the petitioners).\8\ 
Consequently, the final CVD determination will be issued on the same 
date as the final AD determination, which is currently scheduled to be 
issued no later than November 5, 2018, unless postponed.
---------------------------------------------------------------------------

    \8\ See Petitioners' Letter, ``Large Diameter Welded Pipe from 
the Republic of Turkey: Request to Align Countervailing Duty 
Investigation Final Determination with Antidumping Duty 
Investigation Final Determination,'' dated June 5, 2018.
---------------------------------------------------------------------------

All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually investigated. This rate 
shall be an amount equal to the weighted average of the estimated 
subsidy rates established for those companies individually 
investigated, excluding any zero and de minimis rates and any rates 
based entirely under section 776 of the Act.
    In this investigation, Commerce calculated individual estimated 
countervailable subsidy rates for Borusan Mannesmann Boru Sanayi ve 
Ticaret A.S. (Borusan) and HDM [Ccedil]elik Boru Sanayi ve Ticaret A.S. 
(HDM Celik) that are not zero, de minimis, or based entirely on facts 
otherwise available. Commerce calculated the all-others' rate using a 
weighted average of the individual estimated subsidy rates calculated 
for the examined respondents using each company's publicly-ranged 
values for the merchandise under consideration.\9\
---------------------------------------------------------------------------

    \9\ With two respondents under examination, Commerce normally 
calculates (A) a weighted-average of the estimated subsidy rates 
calculated for the examined respondents; (B) a simple average of the 
estimated subsidy rates calculated for the examined respondents; and 
(C) a weighted-average of the estimated subsidy rates calculated for 
the examined respondents using each company's publicly-ranged U.S. 
sale quantities for the merchandise under consideration. Commerce 
then compares (B) and (C) to (A) and selects the rate closest to (A) 
as the most appropriate rate for all other producers and exporters. 
See, e.g., Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010). As complete publicly ranged sales data was 
available, Commerce based the all-others rate on the publicly ranged 
sales data of the mandatory respondents. For a complete analysis of 
the data, please see the All-Others' Rate Calculation Memorandum.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
HDM [Ccedil]elik Boru Sanayi ve Ticaret A.S.\10\............        3.76
Borusan Mannesmann Boru Sanayi ve Ticaret A.S.\11\..........        1.08
All-Others..................................................        1.89
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), 
Commerce will instruct CBP to require a cash deposit equal to the rates 
indicated above.
---------------------------------------------------------------------------

    \10\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following company to be cross-owned with HDM 
Celik: HDM Spiral Kaynakli Celik Boru A.S.
    \11\ following companies to be cross-owned with Borusan: Borusan 
Mannesmann Boru Yatirim Holding A.S., and Borusan Holding A.S.
---------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to

[[Page 30699]]

interested parties in this preliminary determination within five days 
of its public announcement, or if there is no public announcement, 
within five days of the date of publication the notice of preliminary 
determination in the Federal Register, in accordance with 19 CFR 
351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\12\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. Pursuant to section 705(b)(2) of the Act, if the final 
determination is affirmative, the ITC will make its final injury 
determination before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: June 19, 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 merchandise covered by this investigation is welded carbon 
and alloy steel pipe (including stainless steel pipe), more than 
406.4 mm (16 inches) in nominal outside diameter (large diameter 
welded pipe), regardless of wall thickness, length, surface finish, 
grade, end finish, or stenciling. Large diameter welded pipe may be 
used to transport oil, gas, slurry, steam, or other fluids, liquids, 
or gases. It may also be used for structural purposes, including, 
but not limited to, piling. Specifically, not included is large 
diameter welded pipe produced only to specifications of the American 
Water Works Association (AWWA) for water and sewage pipe.
    Large diameter welded pipe used to transport oil, gas, or 
natural gas liquids is normally produced to the American Petroleum 
Institute (API) specification 5L. Large diameter welded pipe may 
also be produced to American Society for Testing and Materials 
(ASTM) standards A500, A252, or A53, or other relevant domestic 
specifications, grades and/or standards. Large diameter welded pipe 
can be produced to comparable foreign specifications, grades and/or 
standards or to proprietary specifications, grades and/or standards, 
or can be non-graded material. All pipe meeting the physical 
description set forth above is covered by the scope of this 
investigation, whether or not produced according to a particular 
standard.
    Subject merchandise also includes large diameter welded pipe 
that has been further processed in a third country, including but 
not limited to coating, painting, notching, beveling, cutting, 
punching, welding, or any other processing that would not otherwise 
remove the merchandise from the scope of the investigation if 
performed in the country of manufacture of the in-scope large 
diameter welded pipe.
    Excluded from the scope are any products covered by the existing 
countervailing duty order on welded line pipe from the Republic of 
Turkey. See Welded Line Pipe from the Republic of Turkey: 
Countervailing Duty Order, 80 FR 75054 (December 1, 2015).
    The large diameter welded pipe that is subject to this 
investigation is currently classifiable in the Harmonized Tariff 
Schedule of the United States (HTSUS) under subheadings 
7305.11.1030, 7305.11.1060, 7305.11.5000, 7305.12.1030, 
7305.12.1060, 7305.12.5000, 7305.19.1030, 7305.19.1060, 
7305.19.5000, 7305.31.4000, 7305.31.6010, 7305.31.6090, 7305.39.1000 
and 7305.39.5000. While the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
scope of this investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Injury Test
IV. Subsidies Valuation
V. Analysis of Programs
VI. Conclusion

[FR Doc. 2018-13565 Filed 6-28-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices                                                   30697

                                                Public Comment                                            Dated: June 19, 2018.                                III. Injury Test
                                                                                                        Gary Taverman,                                         IV. Application of the CVD Law to Imports
                                                   Case briefs or other written comments                Deputy Assistant Secretary for Antidumping                   From China
                                                may be submitted to the Assistant                       and Countervailing Duty Operations,                    V. Use of Facts Otherwise Available and
                                                Secretary for Enforcement and                           performing the non-exclusive functions and                   Adverse Inferences
                                                                                                                                                               VI. Calculation of the All-Others Rate
                                                Compliance no later than thirty days                    duties of the Assistant Secretary for
                                                                                                        Enforcement and Compliance.                            VII. Conclusion
                                                after the date of publication of this
                                                notice in the Federal Register. Rebuttal                Appendix I                                             [FR Doc. 2018–13567 Filed 6–28–18; 8:45 am]
                                                briefs, limited to issues raised in case                                                                       BILLING CODE 3510–DS–P
                                                briefs, may be submitted no later than                  Scope of the Investigation
                                                five days after the deadline date for case                 The merchandise covered by this
                                                briefs.11 Pursuant to 19 CFR                            investigation is welded carbon and alloy steel         DEPARTMENT OF COMMERCE
                                                351.309(c)(2) and (d)(2), parties who                   pipe (including stainless steel pipe), more
                                                                                                        than 406.4 mm (16 inches) in nominal                   International Trade Administration
                                                submit case briefs or rebuttal briefs in
                                                                                                        outside diameter (large diameter welded                [C–489–834]
                                                this investigation are encouraged to                    pipe), regardless of wall thickness, length,
                                                submit with each argument: (1) A                        surface finish, grade, end finish, or
                                                statement of the issue; (2) a brief                                                                            Large Diameter Welded Pipe From the
                                                                                                        stenciling. Large diameter welded pipe may
                                                summary of the argument; and (3) a                      be used to transport oil, gas, slurry, steam, or       Republic of Turkey: Preliminary
                                                                                                        other fluids, liquids, or gases. It may also be        Affirmative Countervailing Duty
                                                table of authorities.
                                                                                                        used for structural purposes, including, but           Determination and Alignment of Final
                                                   Pursuant to 19 CFR 351.310(c),                       not limited to, piling. Specifically, not              Determination With Final Antidumping
                                                interested parties who wish to request a                included is large diameter welded pipe                 Duty Determination
                                                hearing, limited to issues raised in the                produced only to specifications of the
                                                case and rebuttal briefs, must submit a                 American Water Works Association (AWWA)                AGENCY:  Enforcement and Compliance,
                                                written request to the Assistant                        for water and sewage pipe.                             International Trade Administration,
                                                Secretary for Enforcement and                              Large diameter welded pipe used to                  Department of Commerce.
                                                                                                        transport oil, gas, or natural gas liquids is          SUMMARY: The Department of Commerce
                                                Compliance, U.S. Department of                          normally produced to the American
                                                Commerce within 30 days after the date                                                                         (Commerce) preliminarily determines
                                                                                                        Petroleum Institute (API) specification 5L.
                                                of publication of this notice. Requests                 Large diameter welded pipe may also be                 that countervailable subsidies are being
                                                should contain the party’s name,                        produced to American Society for Testing               provided to producers and exporters of
                                                address, and telephone number, the                      and Materials (ASTM) standards A500, A252,             large diameter welded pipe (welded
                                                number of participants, whether any                     or A53, or other relevant domestic                     pipe) from the Republic of Turkey
                                                                                                        specifications, grades and/or standards. Large         (Turkey) for the period of investigation
                                                participant is a foreign national, and a                diameter welded pipe can be produced to                of January 1, 2017, through December
                                                list of the issues to be discussed. If a                comparable foreign specifications, grades              31, 2017. Interested parties are invited
                                                request for a hearing is made, Commerce                 and/or standards or to proprietary                     to comment on this preliminary
                                                intends to hold the hearing at the U.S.                 specifications, grades and/or standards, or
                                                                                                                                                               determination.
                                                Department of Commerce, 1401                            can be non-graded material. All pipe meeting
                                                Constitution Avenue NW, Washington,                     the physical description set forth above is            DATES:   Applicable June 29, 2018.
                                                                                                        covered by the scope of this investigation,            FOR FURTHER INFORMATION CONTACT:    Ross
                                                DC 20230, at a time and date to be
                                                                                                        whether or not produced according to a
                                                determined. Parties should confirm by                                                                          Belliveau or Ajay Menon, AD/CVD
                                                                                                        particular standard.
                                                telephone the date, time, and location of                  Subject merchandise also includes large             Operations, Office II, Enforcement and
                                                the hearing two days before the                         diameter welded pipe that has been further             Compliance, International Trade
                                                scheduled date.                                         processed in a third country, including but            Administration, U.S. Department of
                                                                                                        not limited to coating, painting, notching,            Commerce, 1401 Constitution Avenue
                                                International Trade Commission                          beveling, cutting, punching, welding, or any           NW, Washington, DC 20230; telephone:
                                                Notification                                            other processing that would not otherwise              (202) 482–4952 or (202) 482–1993,
                                                                                                        remove the merchandise from the scope of               respectively.
                                                   In accordance with section 703(f) of                 the investigation if performed in the country
                                                the Act, Commerce will notify the                       of manufacture of the in-scope large diameter          SUPPLEMENTARY INFORMATION:
                                                International Trade Commission (ITC) of                 welded pipe.
                                                                                                                                                               Background
                                                its preliminary determination. Pursuant                    The large diameter welded pipe that is
                                                                                                        subject to this investigation is currently                This preliminary determination is
                                                to section 705(b)(2) of the Act, if the                 classifiable in the Harmonized Tariff                  made in accordance with section 703(b)
                                                final determination is affirmative, the                 Schedule of the United States (HTSUS) under            of the Tariff Act of 1930, as amended
                                                ITC will make its final injury                          subheadings 7305.11.1030, 7305.11.1060,                (the Act). Commerce published the
                                                determination before the later of 120                   7305.11.5000, 7305.12.1030, 7305.12.1060,
                                                                                                                                                               notice of initiation of this investigation
                                                days after the date of this preliminary                 7305.12.5000, 7305.19.1030, 7305.19.1060,
                                                                                                        7305.19.5000, 7305.31.4000, 7305.31.6010,              on February 20, 2018.1 On April 2,
                                                determination or 45 days after the final                                                                       2018, Commerce postponed the
                                                                                                        7305.31.6090, 7305.39.1000 and
                                                determination.                                                                                                 preliminary determination of this
                                                                                                        7305.39.5000. While the HTSUS subheadings
                                                Notification to Interested Parties                      are provided for convenience and customs               investigation and the revised deadline is
                                                                                                        purposes, the written description of the               now June 19, 2018.2 For a complete
sradovich on DSK3GMQ082PROD with NOTICES




                                                  This determination is issued and                      scope of this investigation is dispositive.
                                                                                                                                                                 1 See Large Diameter Welded Pipe from India, the
                                                published pursuant to sections 703(f)
                                                and 777(i) of the Act and 19 CFR                        Appendix II                                            People’s Republic of China, the Republic of Korea,
                                                                                                                                                               and the Republic of Turkey: Initiation of
                                                351.205(c).                                                                                                    Countervailing Duty Investigations, 83 FR 7148
                                                                                                        List of Topics Discussed in the Preliminary
                                                                                                                                                               (February 20, 2018) (Initiation Notice).
                                                                                                        Decision Memorandum                                      2 See Large Diameter Welded Pipe from India, the
                                                   11 See 19 CFR 351.309; see also 19 CFR 351.303       I. Summary                                             People’s Republic of China, the Republic of Korea,
                                                (for general filing requirements).                      II. Background                                                                                  Continued




                                           VerDate Sep<11>2014   17:58 Jun 28, 2018   Jkt 244001   PO 00000   Frm 00015   Fmt 4703   Sfmt 4703   E:\FR\FM\29JNN1.SGM   29JNN1


                                                30698                           Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices

                                                description of the events that followed                 I. Interested parties will have the                    Celik) that are not zero, de minimis, or
                                                the initiation of this investigation, see               opportunity to submit case and rebuttal                based entirely on facts otherwise
                                                the Preliminary Decision                                briefs on the preliminary scope                        available. Commerce calculated the all-
                                                Memorandum.3 A list of topics                           determinations. We will notify parties of              others’ rate using a weighted average of
                                                discussed in the Preliminary Decision                   the due dates for these briefs at a later              the individual estimated subsidy rates
                                                Memorandum is included as Appendix                      time.                                                  calculated for the examined respondents
                                                II to this notice. The Preliminary                                                                             using each company’s publicly-ranged
                                                                                                        Methodology
                                                Decision Memorandum is a public                                                                                values for the merchandise under
                                                document and is on file electronically                    Commerce is conducting this                          consideration.9
                                                via Enforcement and Compliance’s                        investigation in accordance with section
                                                                                                        701 of the Act. For each of the subsidy                Preliminary Determination
                                                Antidumping and Countervailing Duty
                                                Centralized Electronic Service System                   programs found countervailable,                          Commerce preliminarily determines
                                                (ACCESS). ACCESS is available to                        Commerce preliminarily determines                      that the following estimated
                                                registered users at http://                             that there is a subsidy, i.e., a financial             countervailable subsidy rates exist:
                                                access.trade.gov, and is available to all               contribution by an ‘‘authority’’ that
                                                parties in the Central Records Unit,                    gives rise to a benefit to the recipient,                                                                 Subsidy
                                                                                                        and that the subsidy is specific.7                                     Company                             rate
                                                room B8024 of the main Department of                                                                                                                             (percent)
                                                Commerce building. In addition, a                       Alignment
                                                complete version of the Preliminary                                                                            HDM Çelik Boru Sanayi ve
                                                                                                          In accordance with section 705(a)(1)                   Ticaret A.S.10 ..........................            3.76
                                                Decision Memorandum can be accessed
                                                                                                        of the Act and 19 CFR 351.210(b)(4),                   Borusan Mannesmann Boru
                                                directly at http://enforcement.trade.gov/
                                                                                                        Commerce is aligning the final                           Sanayi ve Ticaret A.S.11 .........                   1.08
                                                frn/. The signed and electronic versions
                                                                                                        countervailing duty (CVD)                              All-Others ....................................        1.89
                                                of the Preliminary Decision
                                                                                                        determination in this investigation with
                                                Memorandum are identical in content.
                                                                                                        the final determination in the                         Suspension of Liquidation
                                                Scope of the Investigation                              companion antidumping duty (AD)                           In accordance with section
                                                  The product covered by this                           investigation of welded pipe from                      703(d)(1)(B) and (d)(2) of the Act,
                                                investigation is welded pipe from                       Turkey based on a request made by                      Commerce will direct U.S. Customs and
                                                Turkey. For a complete description of                   American Cast Iron Pipe Company, Berg                  Border Protection (CBP) to suspend
                                                the scope of this investigation, see                    Steel Pipe Corp./Berg Spiral Pipe Corp,                liquidation of entries of subject
                                                Appendix I.                                             Dura-Bond Industries, Skyline Steel,                   merchandise as described in the scope
                                                                                                        Stupp Corporation, Greens Bayou Pipe                   of the investigation section entered, or
                                                Scope Comments                                          Mill, LP, JSW Steel (USA) Inc., and                    withdrawn from warehouse, for
                                                  In accordance with the preamble to                    Trinity Products LLC (collectively, the                consumption on or after the date of
                                                Commerce’s regulations,4 the Initiation                 petitioners).8 Consequently, the final                 publication of this notice in the Federal
                                                Notice set aside a period of time for                   CVD determination will be issued on                    Register. Further, pursuant to 19 CFR
                                                parties to raise issues regarding product               the same date as the final AD                          351.205(d), Commerce will instruct CBP
                                                coverage (i.e., scope).5 Certain interested             determination, which is currently                      to require a cash deposit equal to the
                                                parties commented on the scope of the                   scheduled to be issued no later than                   rates indicated above.
                                                investigation as it appeared in the                     November 5, 2018, unless postponed.
                                                Initiation Notice.                                                                                             Disclosure
                                                                                                        All-Others Rate
                                                  For a summary of the product                                                                                   Commerce intends to disclose its
                                                coverage comments and rebuttal                            Sections 703(d) and 705(c)(5)(A) of                  calculations and analysis performed to
                                                responses submitted to the record for                   the Act provide that in the preliminary
                                                this preliminary determination, and                     determination, Commerce shall                             9 With two respondents under examination,

                                                accompanying discussion and analysis                    determine an estimated all-others rate                 Commerce normally calculates (A) a weighted-
                                                of all comments timely received, see the                for companies not individually                         average of the estimated subsidy rates calculated for
                                                                                                        investigated. This rate shall be an                    the examined respondents; (B) a simple average of
                                                Preliminary Scope Decision                                                                                     the estimated subsidy rates calculated for the
                                                Memorandum.6 Commerce is                                amount equal to the weighted average of                examined respondents; and (C) a weighted-average
                                                preliminarily modifying the scope                       the estimated subsidy rates established                of the estimated subsidy rates calculated for the
                                                language as it appeared in the Initiation               for those companies individually                       examined respondents using each company’s
                                                                                                                                                               publicly-ranged U.S. sale quantities for the
                                                Notice. See revised scope in Appendix                   investigated, excluding any zero and de                merchandise under consideration. Commerce then
                                                                                                        minimis rates and any rates based                      compares (B) and (C) to (A) and selects the rate
                                                and the Republic of Turkey: Postponement of
                                                                                                        entirely under section 776 of the Act.                 closest to (A) as the most appropriate rate for all
                                                                                                          In this investigation, Commerce                      other producers and exporters. See, e.g., Ball
                                                Preliminary Determinations in the Countervailing
                                                                                                                                                               Bearings and Parts Thereof from France, Germany,
                                                Duty Investigations, 83 FR 13946 (April 2, 2018).       calculated individual estimated                        Italy, Japan, and the United Kingdom: Final Results
                                                  3 See Memorandum, ‘‘Decision Memorandum for
                                                                                                        countervailable subsidy rates for                      of Antidumping Duty Administrative Reviews, Final
                                                the Affirmative Preliminary Determination of the        Borusan Mannesmann Boru Sanayi ve                      Results of Changed-Circumstances Review, and
                                                Countervailing Duty Investigation of Large Diameter                                                            Revocation of an Order in Part, 75 FR 53661, 53663
                                                Welded Pipe from the Republic of Turkey,’’ dated        Ticaret A.S. (Borusan) and HDM Çelik
                                                                                                                                                               (September 1, 2010). As complete publicly ranged
                                                concurrently with, and hereby adopted by, this          Boru Sanayi ve Ticaret A.S. (HDM                       sales data was available, Commerce based the all-
                                                notice (Preliminary Decision Memorandum).                                                                      others rate on the publicly ranged sales data of the
                                                  4 See Antidumping Duties; Countervailing Duties,        7 See sections 771(5)(B) and (D) of the Act          mandatory respondents. For a complete analysis of
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                                                Final Rule, 62 FR 27296, 27323 (May 19, 1997).          regarding financial contribution; section 771(5)(E)    the data, please see the All-Others’ Rate Calculation
                                                  5 See Initiation Notice.                              of the Act regarding benefit; and section 771(5A) of   Memorandum.
                                                  6 See Memorandum, ‘‘Large Diameter Welded             the Act regarding specificity.                            10 As discussed in the Preliminary Decision

                                                Pipe from Canada, Greece, India, the People’s             8 See Petitioners’ Letter, ‘‘Large Diameter Welded   Memorandum, Commerce has found the following
                                                Republic of China, the Republic of Korea, and the       Pipe from the Republic of Turkey: Request to Align     company to be cross-owned with HDM Celik: HDM
                                                Republic of Turkey: Scope Comments Decision             Countervailing Duty Investigation Final                Spiral Kaynakli Celik Boru A.S.
                                                Memorandum for the Preliminary Determinations,’’        Determination with Antidumping Duty                       11 following companies to be cross-owned with

                                                dated concurrently with this notice (Preliminary        Investigation Final Determination,’’ dated June 5,     Borusan: Borusan Mannesmann Boru Yatirim
                                                Scope Decision Memorandum).                             2018.                                                  Holding A.S., and Borusan Holding A.S.



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                                                                                Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Notices                                                   30699

                                                interested parties in this preliminary                  determination before the later of 120                  Schedule of the United States (HTSUS) under
                                                determination within five days of its                   days after the date of this preliminary                subheadings 7305.11.1030, 7305.11.1060,
                                                public announcement, or if there is no                  determination or 45 days after the final               7305.11.5000, 7305.12.1030, 7305.12.1060,
                                                                                                                                                               7305.12.5000, 7305.19.1030, 7305.19.1060,
                                                public announcement, within five days                   determination.
                                                                                                                                                               7305.19.5000, 7305.31.4000, 7305.31.6010,
                                                of the date of publication the notice of                                                                       7305.31.6090, 7305.39.1000 and
                                                                                                        Notification to Interested Parties
                                                preliminary determination in the                                                                               7305.39.5000. While the HTSUS subheadings
                                                Federal Register, in accordance with 19                   This determination is issued and                     are provided for convenience and customs
                                                CFR 351.224(b).                                         published pursuant to sections 703(f)                  purposes, the written description of the
                                                                                                        and 777(i) of the Act and 19 CFR                       scope of this investigation is dispositive.
                                                Verification                                            351.205(c).
                                                   As provided in section 782(i)(1) of the                Dated: June 19, 2018.                                Appendix II
                                                Act, Commerce intends to verify the                     Gary Taverman,
                                                information relied upon in making its                                                                          List of Topics Discussed in the Preliminary
                                                                                                        Deputy Assistant Secretary for Antidumping             Decision Memorandum
                                                final determination.                                    and Countervailing Duty Operations,
                                                                                                                                                               I. Summary
                                                Public Comment                                          performing the non-exclusive functions and
                                                                                                                                                               II. Background
                                                                                                        duties of the Assistant Secretary for
                                                   Case briefs or other written comments                                                                       III. Injury Test
                                                                                                        Enforcement and Compliance.
                                                may be submitted to the Assistant                                                                              IV. Subsidies Valuation
                                                                                                        Appendix I                                             V. Analysis of Programs
                                                Secretary for Enforcement and                                                                                  VI. Conclusion
                                                Compliance no later than seven days
                                                                                                        Scope of the Investigation                             [FR Doc. 2018–13565 Filed 6–28–18; 8:45 am]
                                                after the date on which the last
                                                verification report is issued in this                      The merchandise covered by this                     BILLING CODE 3510–DS–P
                                                investigation. Rebuttal briefs, limited to              investigation is welded carbon and alloy steel
                                                                                                        pipe (including stainless steel pipe), more
                                                issues raised in case briefs, may be                    than 406.4 mm (16 inches) in nominal
                                                submitted no later than five days after                                                                        DEPARTMENT OF COMMERCE
                                                                                                        outside diameter (large diameter welded
                                                the deadline date for case briefs.12                    pipe), regardless of wall thickness, length,           International Trade Administration
                                                Pursuant to 19 CFR 351.309(c)(2) and                    surface finish, grade, end finish, or
                                                (d)(2), parties who submit case briefs or               stenciling. Large diameter welded pipe may             [C–570–085]
                                                rebuttal briefs in this investigation are               be used to transport oil, gas, slurry, steam, or
                                                encouraged to submit with each                          other fluids, liquids, or gases. It may also be        Certain Quartz Surface Products From
                                                argument: (1) A statement of the issue;                 used for structural purposes, including, but           the People’s Republic of China:
                                                (2) a brief summary of the argument;                    not limited to, piling. Specifically, not              Postponement of Preliminary
                                                                                                        included is large diameter welded pipe                 Determination in the Countervailing
                                                and (3) a table of authorities.                         produced only to specifications of the
                                                   Pursuant to 19 CFR 351.310(c),                                                                              Duty Investigation
                                                                                                        American Water Works Association (AWWA)
                                                interested parties who wish to request a                for water and sewage pipe.                             AGENCY:  Enforcement and Compliance,
                                                hearing, limited to issues raised in the                   Large diameter welded pipe used to                  International Trade Administration,
                                                case and rebuttal briefs, must submit a                 transport oil, gas, or natural gas liquids is          U.S. Department of Commerce.
                                                written request to the Assistant                        normally produced to the American                      DATES: Applicable June 29, 2018.
                                                Secretary for Enforcement and                           Petroleum Institute (API) specification 5L.
                                                                                                        Large diameter welded pipe may also be                 FOR FURTHER INFORMATION CONTACT:
                                                Compliance, U.S. Department of
                                                                                                        produced to American Society for Testing               Darla Brown or Terre Keaton Stefanova,
                                                Commerce within 30 days after the date
                                                                                                        and Materials (ASTM) standards A500, A252,             AD/CVD Operations, Office II,
                                                of publication of this notice. Requests
                                                                                                        or A53, or other relevant domestic                     Enforcement and Compliance,
                                                should contain the party’s name,                        specifications, grades and/or standards. Large         International Trade Administration,
                                                address, and telephone number, the                      diameter welded pipe can be produced to                U.S. Department of Commerce, 1401
                                                number of participants, whether any                     comparable foreign specifications, grades              Constitution Avenue NW, Washington,
                                                participant is a foreign national, and a                and/or standards or to proprietary
                                                                                                                                                               DC 20230; telephone: (202) 482–1791, or
                                                list of the issues to be discussed. If a                specifications, grades and/or standards, or
                                                                                                        can be non-graded material. All pipe meeting           (202) 482–1280, respectively.
                                                request for a hearing is made, Commerce
                                                                                                        the physical description set forth above is            SUPPLEMENTARY INFORMATION:
                                                intends to hold the hearing at the U.S.
                                                Department of Commerce, 1401                            covered by the scope of this investigation,
                                                                                                                                                               Background
                                                                                                        whether or not produced according to a
                                                Constitution Avenue NW, Washington,                                                                              On May 7, 2018, the Department of
                                                                                                        particular standard.
                                                DC 20230, at a time and date to be                         Subject merchandise also includes large             Commerce (Commerce) initiated a
                                                determined. Parties should confirm by                   diameter welded pipe that has been further             countervailing duty (CVD) investigation
                                                telephone the date, time, and location of               processed in a third country, including but            on certain quartz surface products from
                                                the hearing two days before the                         not limited to coating, painting, notching,            the People’s Republic of China.1
                                                scheduled date.                                         beveling, cutting, punching, welding, or any
                                                                                                                                                               Currently, the preliminary
                                                                                                        other processing that would not otherwise
                                                International Trade Commission                          remove the merchandise from the scope of               determination is due no later than July
                                                Notification                                            the investigation if performed in the country          11, 2018.
                                                   In accordance with section 703(f) of                 of manufacture of the in-scope large diameter          Postponement of the Preliminary
                                                the Act, Commerce will notify the                       welded pipe.
                                                                                                                                                               Determination
                                                                                                           Excluded from the scope are any products
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                                                International Trade Commission (ITC) of                                                                          Section 703(b)(1) of the Tariff Act of
                                                                                                        covered by the existing countervailing duty
                                                its preliminary determination. Pursuant                 order on welded line pipe from the Republic            1930, as amended (the Act), requires
                                                to section 705(b)(2) of the Act, if the                 of Turkey. See Welded Line Pipe from the               Commerce to issue the preliminary
                                                final determination is affirmative, the                 Republic of Turkey: Countervailing Duty
                                                ITC will make its final injury                          Order, 80 FR 75054 (December 1, 2015).                   1 See Certain Quartz Surface Products from the
                                                                                                           The large diameter welded pipe that is              People’s Republic of China: Initiation of
                                                   12 See 19 CFR 351.309; see also 19 CFR 351.303       subject to this investigation is currently             Countervailing Duty Investigation, 83 FR 22618
                                                (for general filing requirements).                      classifiable in the Harmonized Tariff                  (May 16, 2018).



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Document Created: 2018-06-29 01:13:53
Document Modified: 2018-06-29 01:13:53
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 June 29, 2018.
ContactRoss Belliveau or Ajay Menon, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4952 or (202) 482-1993, respectively.
FR Citation83 FR 30697 

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