83_FR_347 83 FR 345 - Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From Switzerland: Amended Preliminary Determination of Sales at Less Than Fair Value

83 FR 345 - Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From Switzerland: Amended Preliminary Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Adminstration

Federal Register Volume 83, Issue 2 (January 3, 2018)

Page Range345-347
FR Document2017-28405

The Department of Commerce (Commerce) is amending the preliminary determination of sales at less than fair value (LTFV) in the antidumping duty investigation of certain cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from Switzerland to correct significant ministerial errors alleged by each of the mandatory respondents in this proceeding.

Federal Register, Volume 83 Issue 2 (Wednesday, January 3, 2018)
[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)]
[Notices]
[Pages 345-347]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28405]


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

DEPARTMENT OF COMMERCE

International Trade Adminstration

[A-441-801]


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

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

SUMMARY: The Department of Commerce (Commerce) is amending the 
preliminary determination of sales at less than fair value (LTFV) in 
the antidumping duty investigation of certain cold-drawn mechanical 
tubing of carbon and alloy steel (cold-drawn mechanical tubing) from 
Switzerland to correct significant ministerial errors alleged by each 
of the mandatory respondents in this proceeding.

DATES: Applicable January 3, 2018.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations, 
Office III, and Amanda Brings, AD/CVD Operations, Office V, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-4243 or (202) 482-3927, respectively.

SUPPLEMENTARY INFORMATION:

[[Page 346]]

Background

    On November 22, 2017, Commerce published in the Federal Register 
the Preliminary Determination that cold-drawn mechanical tubing from 
Switzerland is being, or is likely to be, sold in the United States at 
LTFV, as provided in section 733 of the Tariff Act of 1930, as amended 
(Act).\1\ On November 22, 2017, and December 7, 2017, Benteler Rothrist 
AG (Benteler Rothrist) and Mubea Pr[auml]zisionsstahlrohr AG and Mubea 
Inc. (collectively, Mubea), respectively, alleged that Commerce made 
significant ministerial errors in the Preliminary Determination.\2\
---------------------------------------------------------------------------

    \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).
    \2\ See Benteler Rothrist's letter, ``Antidumping Duty 
Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and 
Alloy Steel from Switzerland: Ministerial Error Comments for the 
Preliminary Determination,'' dated November 22, 2017 (``Benteler 
Rothrist's Ministerial Error Allegation''); and Mubea's letter, 
``Antidumping Investigation of Certain Cold-Drawn Mechanical Tubing 
from Switzerland: Resubmitted Ministerial Error Comments for the 
Preliminary Determination,'' December 7, 2017 (Mubea's Ministerial 
Error Allegation).
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation (POI) is April 1, 2016, through March 
31, 2017.

Scope of Investigation

    The product covered by this investigation is cold-drawn mechanical 
tubing from Switzerland. Since the publication of the Preliminary 
Determination, Commerce has evaluated relevant comments on the scope of 
the investigation and issued its Final Scope Determination.\3\ For a 
complete description of the final scope of this investigation, see 
Appendix.
---------------------------------------------------------------------------

    \3\ See Commerce's Memorandum, ``Certain Cold-Drawn Mechanical 
Tubing of Carbon and Alloy Steel from the Federal Republic of 
Germany, India, Italy, the Republic of Korea, the People's Republic 
of China, and Switzerland: Scope Comments Decision Memorandum for 
the Final Determinations,'' dated December 4, 2017.
---------------------------------------------------------------------------

Analysis of Significant Ministerial Error Allegations

    Commerce will analyze any comments received and, if appropriate, 
correct any significant ministerial error by amending the preliminary 
determination according to 19 CFR 351.351.224(e). A ministerial error 
is defined in 19 CFR 351.224(f) as ``an error in addition, subtraction, 
or other arithmetic function, clerical error resulting from inaccurate 
copying, duplication, or the like, and any other similar type of 
unintentional error which the Secretary considers ministerial.'' \4\ A 
significant ministerial error is defined as a ministerial error, the 
correction of which, singly or in combination with other errors, would 
result in: (1) A change of at least five absolute percentage points in, 
but not less than 25 percent of, the weighted-average dumping margin 
calculated in the original (erroneous) preliminary determination; or 
(2) a difference between a weighted-average dumping margin of zero or 
de minimis and a weighted-average dumping margin of greater than de 
minimis or vice versa.\5\ As a result of this amended preliminary 
determination, we have revised the margins applicable to Benteler 
Rothrist, Mubea and all others.\6\
---------------------------------------------------------------------------

    \4\ See section 735(e) of the Act.
    \5\ See 19 CFR 351.224(g).
    \6\ See the ``Amended Preliminary Determination'' section below.
---------------------------------------------------------------------------

    Commerce reviewed the record with respect to the respondents' 
claims.\7\ Though we determine that Benteler Rothrist's allegation 
regarding the inclusion of sample sales in the U.S. and third country 
databases represents a methodological disagreement rather than a 
clerical error, we agree that all other alleged errors constitute 
unintentional errors consistent with the definition of ministerial 
errors in 19 CFR 351.224(f).\8\ Pursuant to 19 CFR 351.224(g)(2), these 
errors are significant because their correction results in a change of 
at least five absolute percentage points in, but not less than 25 
percent of, the weighted-average dumping margin calculated in the 
original preliminary determination (i.e., a decrease in the weighted-
average dumping margin from 34.15 percent to 23.33 percent for Benteler 
Rothrist, and from 68.59 percent to 36.48 percent for Mubea, and a 
decrease in the all-others rate from 36.17 to 24.10 percent).\9\ 
Therefore, we are correcting these errors and amending our preliminary 
determination accordingly.
---------------------------------------------------------------------------

    \7\ See the Commerce's 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 concurrently with this notice.
    \8\ Id.
    \9\ Id. See also memorandum to the file, ``Certain Cold-Drawn 
Mechanical Tubing of Carbon and Alloy Steel from Switzerland: 
Calculation of the All-Others Rate in the Amended Preliminary 
Determination,'' dated concurrently with this notice; memorandum to 
the file, ``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,'' dated 
concurrently with this memorandum; and memorandum to the file, 
``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: Mubea Pr[auml]zisionsstahlrohr AG (MPST) and Mubea Inc. 
(collectively, Mubea),'' dated concurrently with this memorandum.
---------------------------------------------------------------------------

Amended Preliminary Determination

    As a result of this amended preliminary determination, we have 
revised the preliminary estimated weighted-average dumping margins as 
follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margins
                                                               (percent)
------------------------------------------------------------------------
Benteler Rothrist AG (Benteler Rothrist)....................       23.33
Mubea Pr[auml]zisionsstahlrohr AG (MPST)....................       36.48
All Others..................................................       24.10
------------------------------------------------------------------------

Amended Cash Deposits and Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised to the rates established in this amended preliminary 
determination, in accordance with section 733(d) and (f) of the Act and 
19 CFR 351.224. Because the corrected margins are lower than the rates 
issued in the Preliminary Determination, the amended cash deposit rates 
will be effective retroactively to November 22, 2017, the date of 
publication of the Preliminary Determination.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after publication of the notice of amended 
preliminary determination in the Federal Register in accordance with 19 
CFR 351.224(b).

International Trade Commission Notification

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


[[Page 347]]


    Dated: December 21, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The scope of this investigation covers cold-drawn mechanical 
tubing of carbon and alloy steel (cold-drawn mechanical tubing) of 
circular cross-section, 304.8 mm or more in length, in actual 
outside diameters less than 331mm, and regardless of wall thickness, 
surface finish, end finish or industry specification. The subject 
cold-drawn mechanical tubing is a tubular product with a circular 
cross-sectional shape that has been cold-drawn or otherwise cold-
finished after the initial tube formation in a manner that involves 
a change in the diameter or wall thickness of the tubing, or both. 
The subject cold-drawn mechanical tubing may be produced from either 
welded (e.g., electric resistance welded, continuous welded, etc.) 
or seamless (e.g., pierced, pilgered or extruded, etc.) carbon or 
alloy steel tubular products. It may also be heat treated after cold 
working. Such heat treatments may include, but are not limited to, 
annealing, normalizing, quenching and tempering, stress relieving or 
finish annealing. Typical cold-drawing methods for subject 
merchandise include, but are not limited to, drawing over mandrel, 
rod drawing, plug drawing, sink drawing and similar processes that 
involve reducing the outside diameter of the tubing with a die or 
similar device, whether or not controlling the inside diameter of 
the tubing with an internal support device such as a mandrel, rod, 
plug or similar device. Other cold-finishing operations that may be 
used to produce subject merchandise include cold-rolling and cold-
sizing the tubing.
    Subject cold-drawn mechanical tubing is typically certified to 
meet industry specifications for cold-drawn tubing including but not 
limited to:
    (1) American Society for Testing and Materials (ASTM) or 
American Society of Mechanical Engineers (ASME) specifications ASTM 
A-512, ASTM A-513 Type 3 (ASME SA513 Type 3), ASTM A-513 Type 4 
(ASME SA513 Type 4), ASTM A-513 Type 5 (ASME SA513 Type 5), ASTM A-
513 Type 6 (ASME SA513 Type 6), ASTM A-519 (cold-finished);
    (2) SAE International (Society of Automotive Engineers) 
specifications SAE J524, SAE J525, SAE J2833, SAE J2614, SAE J2467, 
SAE J2435, SAE J2613;
    (3) Aerospace Material Specification (AMS) AMS T-6736 (AMS 
6736), AMS 6371, AMS 5050, AMS 5075, AMS 5062, AMS 6360, AMS 6361, 
AMS 6362, AMS 6371, AMS 6372, AMS 6374, AMS 6381, AMS 6415;
    (4) United States Military Standards (MIL) MIL-T-5066 and MIL-T-
6736;
    (5) foreign standards equivalent to one of the previously listed 
ASTM, ASME, SAE, AMS or MIL specifications including but not limited 
to:
    (a) German Institute for Standardization (DIN) specifications 
DIN 2391-2, DIN 2393-2, DIN 2394-2);
    (b) European Standards (EN) EN 10305-1, EN 10305-2, EN 10305-4, 
EN 10305-6 and European national variations on those standards 
(e.g., British Standard (BS EN), Irish Standard (IS EN) and German 
Standard (DIN EN) variations, etc.);
    (c) Japanese Industrial Standard (JIS) JIS G 3441 and JIS G 
3445; and
    (6) proprietary standards that are based on one of the above-
listed standards.
    The subject cold-drawn mechanical tubing may also be dual or 
multiple certified to more than one standard. Pipe that is multiple 
certified as cold-drawn mechanical tubing and to other 
specifications not covered by this scope, is also covered by the 
scope of this investigation when it meets the physical description 
set forth above.
    Steel products included in the scope of this investigation are 
products in which: (1) Iron predominates, by weight, over each of 
the other contained elements; and (2) the carbon content is 2 
percent or less by weight.
    For purposes of this scope, the place of cold-drawing determines 
the country of origin of the subject merchandise. Subject 
merchandise that is subject to minor working in a third country that 
occurs after drawing in one of the subject countries including, but 
not limited to, heat treatment, cutting to length, straightening, 
nondestructive testing, deburring or chamfering, remains within the 
scope of this investigation.
    All products that meet the written physical description are 
within the scope of this investigation unless specifically excluded 
or covered by the scope of an existing order. Merchandise that meets 
the physical description of cold-drawn mechanical tubing above is 
within the scope of the investigation even if it is also dual or 
multiple certified to an otherwise excluded specification listed 
below. The following products are outside of, and/or specifically 
excluded from, the scope of this investigation:
    (1) Cold-drawn stainless steel tubing, containing 10.5 percent 
or more of chromium by weight and not more than 1.2 percent of 
carbon by weight;
    (2) products certified to one or more of the ASTM, ASME or 
American Petroleum Institute (API) specifications listed below:

     ASTM A-53;
     ASTM A-106;
     ASTM A-179 (ASME SA 179);
     ASTM A-192 (ASME SA 192);
     ASTM A-209 (ASME SA 209);
     ASTM A-210 (ASME SA 210);
     ASTM A-213 (ASME SA 213);
     ASTM A-334 (ASME SA 334);
     ASTM A-423 (ASME SA 423);
     ASTM A-498;
     ASTM A-496 (ASME SA 496);
     ASTM A-199;
     ASTM A-500;
     ASTM A-556;
     ASTM A-565;
     API 5L; and
     API 5CT

except that any cold-drawn tubing product certified to one of the 
above excluded specifications will not be excluded from the scope if 
it is also dual- or multiple-certified to any other specification 
that otherwise would fall within the scope of this investigation.
    The products subject to the investigation are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item numbers: 7304.31.3000, 7304.31.6050, 
7304.51.1000, 7304.51.5005, 7304.51.5060, 7306.30.5015, 
7306.30.5020, 7306.50.5030. Subject merchandise may also enter under 
numbers 7306.30.1000 and 7306.50.1000. The HTSUS subheadings above 
are provided for convenience and customs purposes only. The written 
description of the scope of the investigation is dispositive.

[FR Doc. 2017-28405 Filed 1-2-18; 8:45 am]
BILLING CODE 3510-DS-P



                                                                             Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices                                                       345

                                                set forth herein are intended for                       a core-layer of HDF, and a stabilizing                 U.S. Customs and Border Protection will
                                                inclusion within the definition of                      bottom layer.                                          continue to collect AD and CVD cash
                                                subject merchandise.                                      Imports of the subject merchandise                   deposits at the rates in effect at the time
                                                   All multilayered wood flooring is                    are provided for under the following                   of entry for all imports of subject
                                                included within the definition of subject               subheadings of the Harmonized Tariff                   merchandise.
                                                merchandise, without regard to:                         Schedule of the United States (HTSUS):                    The effective date of the continuation
                                                Dimension (overall thickness, thickness                 4412.31.0520; 4412.31.0540;                            of these Orders will be the date of
                                                of face ply, thickness of back ply,                     4412.31.0560; 4412.31.2510;                            publication in the Federal Register of
                                                thickness of core, and thickness of inner               4412.31.2520; 4412.31.4040;                            this notice of continuation. Pursuant to
                                                plies; width; and length); wood species                 4412.31.4050; 4412.31.4060;                            section 751(c)(2) of the Act, Commerce
                                                used for the face, back, and inner                      4412.31.4070; 4412.31.4075;                            intends to initiate the next five-year
                                                veneers; core composition; and face                     4412.31.4080; 4412.31.5125;                            review of these Orders not later than 30
                                                grade. Multilayered wood flooring                       4412.31.5135; 4412.31.5155;                            days prior to the fifth anniversary of the
                                                included within the definition of subject               4412.31.5165; 4412.31.6000;                            effective date of continuation.
                                                merchandise may be unfinished (i.e.,                    4412.31.9100; 4412.32.0520;                               These five-year sunset reviews and
                                                without a finally finished surface to                   4412.32.0540; 4412.32.0560;                            this notice are in accordance with
                                                protect the face veneer from wear and                   4412.32.0565; 4412.32.0570;                            section 751(c) of the Act and published
                                                tear) or ‘‘prefinished’’ (i.e., a coating               4412.32.2510; 4412.32.2520;                            pursuant to section 777(i)(1) of the Act
                                                applied to the face veneer, including,                  4412.32.2525; 4412.32.2530;                            and 19 CFR 351.218(f)(4).
                                                but not exclusively, oil or oil-modified                4412.32.3125; 4412.32.3135;
                                                                                                                                                                 Dated: December 21, 2017.
                                                or water-based polyurethanes,                           4412.32.3155; 4412.32.3165;
                                                ultraviolet light cured polyurethanes,                  4412.32.3175; 4412.32.3185;                            Gary Taverman,
                                                wax, epoxy-ester finishes, moisture-                    4412.32.5600; 4412.39.1000;                            Deputy Assistant Secretary for Antidumping
                                                cured urethanes and acid-curing                         4412.39.3000; 4412.39.4011;                            and Countervailing Duty Operations,
                                                formaldehyde finishes). The veneers                     4412.39.4012; 4412.39.4019;                            performing the non-exclusive functions and
                                                                                                                                                               duties of the Assistant Secretary for
                                                may be also soaked in an acrylic-                       4412.39.4031; 4412.39.4032;                            Enforcement and Compliance.
                                                impregnated finish. All multilayered                    4412.39.4039; 4412.39.4051;
                                                                                                                                                               [FR Doc. 2017–28202 Filed 1–2–18; 8:45 am]
                                                wood flooring is included within the                    4412.39.4052; 4412.39.4059;
                                                                                                                                                               BILLING CODE 3510–DS–P
                                                definition of subject merchandise                       4412.39.4061; 4412.39.4062;
                                                regardless of whether the face (or back)                4412.39.4069; 4412.39.5010;
                                                of the product is smooth, wire brushed,                 4412.39.5030; 4412.39.5050;
                                                                                                                                                               DEPARTMENT OF COMMERCE
                                                distressed by any method or multiple                    4412.94.1030; 4412.94.1050;
                                                methods, or hand-scraped. In addition,                  4412.94.3105; 4412.94.3111;                            International Trade Adminstration
                                                all multilayered wood flooring is                       4412.94.3121; 4412.94.3131;
                                                included within the definition of subject               4412.94.3141; 4412.94.3160;                            [A–441–801]
                                                merchandise regardless of whether or                    4412.94.3171; 4412.94.4100;
                                                not it is manufactured with any                         4412.94.5100; 4412.94.6000;                            Certain Cold-Drawn Mechanical Tubing
                                                interlocking or connecting mechanism                    4412.94.7000; 4412.94.8000;                            of Carbon and Alloy Steel From
                                                (for example, tongue-and-groove                         4412.94.9000; 4412.94.9500;                            Switzerland: Amended Preliminary
                                                construction or locking joints). All                    4412.99.0600; 4412.99.1020;                            Determination of Sales at Less Than
                                                multilayered wood flooring is included                  4412.99.1030; 4412.99.1040;                            Fair Value
                                                within the definition of the subject                    4412.99.3110; 4412.99.3120;
                                                merchandise regardless of whether the                   4412.99.3130; 4412.99.3140;                            AGENCY:   Enforcement and Compliance,
                                                product meets a particular industry or                  4412.99.3150; 4412.99.3160;                            International Trade Administration,
                                                similar standard.                                       4412.99.3170; 4412.99.4100;                            Department of Commerce.
                                                   The core of multilayered wood                        4412.99.5100; 4412.99.5105;                            SUMMARY: The Department of Commerce
                                                flooring may be composed of a range of                  4412.99.5115; 4412.99.5710;                            (Commerce) is amending the
                                                materials, including but not limited to                 4412.99.6000; 4412.99.7000;                            preliminary determination of sales at
                                                hardwood or softwood veneer,                            4412.99.8000; 4412.99.9000;                            less than fair value (LTFV) in the
                                                particleboard, medium-density                           4412.99.9500; 4418.71.2000;                            antidumping duty investigation of
                                                fiberboard, high-density fiberboard                     4418.71.9000; 4418.72.2000;                            certain cold-drawn mechanical tubing of
                                                (HDF), stone and/or plastic composite,                  4418.72.9500; and 9801.00.2500.                        carbon and alloy steel (cold-drawn
                                                or strips of lumber placed edge-to-edge.                  While HTSUS subheadings are                          mechanical tubing) from Switzerland to
                                                   Multilayered wood flooring products                  provided for convenience and customs                   correct significant ministerial errors
                                                generally, but not exclusively, may be in               purposes, the written description of the               alleged by each of the mandatory
                                                the form of a strip, plank, or other                    subject merchandise is dispositive.                    respondents in this proceeding.
                                                geometrical patterns (e.g., circular,                                                                          DATES: Applicable January 3, 2018.
                                                hexagonal). All multilayered wood                       Continuation of the Orders
                                                                                                                                                               FOR FURTHER INFORMATION CONTACT:
                                                flooring products are included within                     As a result of the determinations by
                                                this definition regardless of the actual or             Commerce and the ITC that revocation                   Laurel LaCivita, AD/CVD Operations,
                                                nominal dimensions or form of the                       of the Orders would likely lead to a                   Office III, and Amanda Brings, AD/CVD
                                                product. Specifically excluded from the                 continuation or recurrence of dumping                  Operations, Office V, Enforcement and
sradovich on DSK3GMQ082PROD with NOTICES




                                                scope are cork flooring and bamboo                      and countervailable subsidies and                      Compliance, International Trade
                                                flooring, regardless of whether any of                  material injury to an industry in the                  Administration, U.S. Department of
                                                the sub-surface layers of either flooring               United States, pursuant to section                     Commerce, 1401 Constitution Avenue
                                                are made from wood. Also excluded is                    751(d)(2) of the Act and 19 CFR                        NW, Washington, DC 20230; telephone:
                                                laminate flooring. Laminate flooring                    351.218(a), Commerce hereby orders the                 (202) 482–4243 or (202) 482–3927,
                                                consists of a top wear layer sheet not                  continuation of these Orders on                        respectively.
                                                made of wood, a decorative paper layer,                 multilayered wood flooring from China.                 SUPPLEMENTARY INFORMATION:



                                           VerDate Sep<11>2014   16:13 Jan 02, 2018   Jkt 244001   PO 00000   Frm 00004   Fmt 4703   Sfmt 4703   E:\FR\FM\03JAN1.SGM   03JAN1


                                                346                          Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices

                                                Background                                              similar type of unintentional error                    Therefore, we are correcting these errors
                                                  On November 22, 2017, Commerce                        which the Secretary considers                          and amending our preliminary
                                                published in the Federal Register the                   ministerial.’’ 4 A significant ministerial             determination accordingly.
                                                Preliminary Determination that cold-                    error is defined as a ministerial error,
                                                                                                        the correction of which, singly or in                  Amended Preliminary Determination
                                                drawn mechanical tubing from
                                                Switzerland is being, or is likely to be,               combination with other errors, would                     As a result of this amended
                                                sold in the United States at LTFV, as                   result in: (1) A change of at least five               preliminary determination, we have
                                                provided in section 733 of the Tariff Act               absolute percentage points in, but not
                                                                                                                                                               revised the preliminary estimated
                                                of 1930, as amended (Act).1 On                          less than 25 percent of, the weighted-
                                                                                                                                                               weighted-average dumping margins as
                                                November 22, 2017, and December 7,                      average dumping margin calculated in
                                                                                                                                                               follows:
                                                2017, Benteler Rothrist AG (Benteler                    the original (erroneous) preliminary
                                                Rothrist) and Mubea Präzisionsstahlrohr                determination; or (2) a difference
                                                                                                                                                                                                                 Estimated
                                                AG and Mubea Inc. (collectively,                        between a weighted-average dumping                                                                       weighted-
                                                Mubea), respectively, alleged that                      margin of zero or de minimis and a                                                                        average
                                                                                                                                                                         Exporter/producer
                                                                                                        weighted-average dumping margin of                                                                       dumping
                                                Commerce made significant ministerial                                                                                                                             margins
                                                errors in the Preliminary                               greater than de minimis or vice versa.5
                                                                                                                                                                                                                 (percent)
                                                Determination.2                                         As a result of this amended preliminary
                                                                                                        determination, we have revised the                     Benteler Rothrist AG (Benteler
                                                Period of Investigation                                 margins applicable to Benteler Rothrist,                 Rothrist) ...................................       23.33
                                                  The period of investigation (POI) is                  Mubea and all others.6                                 Mubea Präzisionsstahlrohr AG
                                                April 1, 2016, through March 31, 2017.                    Commerce reviewed the record with                      (MPST) ....................................         36.48
                                                                                                        respect to the respondents’ claims.7                   All Others ....................................       24.10
                                                Scope of Investigation                                  Though we determine that Benteler
                                                  The product covered by this                           Rothrist’s allegation regarding the                    Amended Cash Deposits and
                                                investigation is cold-drawn mechanical                  inclusion of sample sales in the U.S.                  Suspension of Liquidation
                                                tubing from Switzerland. Since the                      and third country databases represents a
                                                publication of the Preliminary                          methodological disagreement rather                       The collection of cash deposits and
                                                Determination, Commerce has evaluated                   than a clerical error, we agree that all               suspension of liquidation will be
                                                relevant comments on the scope of the                   other alleged errors constitute                        revised to the rates established in this
                                                investigation and issued its Final Scope                unintentional errors consistent with the               amended preliminary determination, in
                                                Determination.3 For a complete                          definition of ministerial errors in 19                 accordance with section 733(d) and (f)
                                                description of the final scope of this                  CFR 351.224(f).8 Pursuant to 19 CFR                    of the Act and 19 CFR 351.224. Because
                                                investigation, see Appendix.                            351.224(g)(2), these errors are significant            the corrected margins are lower than the
                                                                                                        because their correction results in a                  rates issued in the Preliminary
                                                Analysis of Significant Ministerial
                                                                                                        change of at least five absolute                       Determination, the amended cash
                                                Error Allegations
                                                                                                        percentage points in, but not less than                deposit rates will be effective
                                                  Commerce will analyze any                             25 percent of, the weighted-average                    retroactively to November 22, 2017, the
                                                comments received and, if appropriate,                  dumping margin calculated in the
                                                correct any significant ministerial error                                                                      date of publication of the Preliminary
                                                                                                        original preliminary determination (i.e.,
                                                by amending the preliminary                                                                                    Determination.
                                                                                                        a decrease in the weighted-average
                                                determination according to 19 CFR                       dumping margin from 34.15 percent to                   Disclosure
                                                351.351.224(e). A ministerial error is                  23.33 percent for Benteler Rothrist, and
                                                defined in 19 CFR 351.224(f) as ‘‘an                    from 68.59 percent to 36.48 percent for                  We intend to disclose the calculations
                                                error in addition, subtraction, or other                Mubea, and a decrease in the all-others                performed to parties in this proceeding
                                                arithmetic function, clerical error                     rate from 36.17 to 24.10 percent).9                    within five days after publication of the
                                                resulting from inaccurate copying,                                                                             notice of amended preliminary
                                                duplication, or the like, and any other                   4 See   section 735(e) of the Act.                   determination in the Federal Register in
                                                                                                          5 See   19 CFR 351.224(g).                           accordance with 19 CFR 351.224(b).
                                                   1 See Cold-Drawn Mechanical Tubing from                 6 See the ‘‘Amended Preliminary Determination’’

                                                Switzerland: Preliminary Affirmative Determination      section below.                                         International Trade Commission
                                                of Sales at Less Than Fair Value and Postponement          7 See the Commerce’s memorandum,
                                                                                                                                                               Notification
                                                of Final Determination, and Extension of                ‘‘Antidumping Duty Investigation of Certain Cold-
                                                Provisional Measures, 82 FR 55571 (November 22,         Drawn Mechanical Tubing of Carbon and Alloy              In accordance with section 733(f) of
                                                2017) (Preliminary Determination).                      Steel from Switzerland: Ministerial Error
                                                   2 See Benteler Rothrist’s letter, ‘‘Antidumping      Allegations in the Preliminary Determination,’’        the Act, we notified the International
                                                Duty Investigation of Certain Cold-Drawn                dated concurrently with this notice.                   Trade Commission of our amended
                                                Mechanical Tubing of Carbon and Alloy Steel from           8 Id.
                                                                                                                                                               preliminary determination.
                                                Switzerland: Ministerial Error Comments for the            9 Id. See also memorandum to the file, ‘‘Certain
                                                Preliminary Determination,’’ dated November 22,         Cold-Drawn Mechanical Tubing of Carbon and               This amended preliminary
                                                2017 (‘‘Benteler Rothrist’s Ministerial Error           Alloy Steel from Switzerland: Calculation of the       determination is issued and published
                                                Allegation’’); and Mubea’s letter, ‘‘Antidumping        All-Others Rate in the Amended Preliminary             in accordance with sections 733(f) and
                                                Investigation of Certain Cold-Drawn Mechanical          Determination,’’ dated concurrently with this
                                                Tubing from Switzerland: Resubmitted Ministerial        notice; memorandum to the file, ‘‘Analysis             777(i)(1) of the Act and 19 CFR
                                                Error Comments for the Preliminary                      Memorandum for the Amended Preliminary                 351.224(e).
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                                                Determination,’’ December 7, 2017 (Mubea’s              Determination of the Antidumping Duty
                                                Ministerial Error Allegation).                          Investigation of Certain Cold-Drawn Mechanical
                                                   3 See Commerce’s Memorandum, ‘‘Certain Cold-         Tubing of Carbon and Alloy Steel (Cold-Drawn
                                                Drawn Mechanical Tubing of Carbon and Alloy             Mechanical Tubing) from Switzerland: Benteler
                                                Steel from the Federal Republic of Germany, India,      Rothrist AG,’’ dated concurrently with this            Mechanical Tubing of Carbon and Alloy Steel
                                                Italy, the Republic of Korea, the People’s Republic     memorandum; and memorandum to the file,                (Cold-Drawn Mechanical Tubing) from Switzerland:
                                                of China, and Switzerland: Scope Comments               ‘‘Analysis Memorandum for the Amended                  Mubea Präzisionsstahlrohr AG (MPST) and Mubea
                                                Decision Memorandum for the Final                       Preliminary Determination of the Antidumping           Inc. (collectively, Mubea),’’ dated concurrently with
                                                Determinations,’’ dated December 4, 2017.               Duty Investigation of Certain Cold-Drawn               this memorandum.



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                                                                             Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices                                                       347

                                                  Dated: December 21, 2017.                                (b) European Standards (EN) EN 10305–1,                The products subject to the investigation
                                                Gary Taverman,                                          EN 10305–2, EN 10305–4, EN 10305–6 and                 are currently classified in the Harmonized
                                                Deputy Assistant Secretary for Antidumping              European national variations on those                  Tariff Schedule of the United States (HTSUS)
                                                                                                        standards (e.g., British Standard (BS EN),             under item numbers: 7304.31.3000,
                                                and Countervailing Duty Operations,
                                                                                                        Irish Standard (IS EN) and German Standard             7304.31.6050, 7304.51.1000, 7304.51.5005,
                                                performing the non-exclusive functions and
                                                                                                        (DIN EN) variations, etc.);                            7304.51.5060, 7306.30.5015, 7306.30.5020,
                                                duties of the Assistant Secretary for
                                                                                                           (c) Japanese Industrial Standard (JIS) JIS G        7306.50.5030. Subject merchandise may also
                                                Enforcement and Compliance.
                                                                                                        3441 and JIS G 3445; and                               enter under numbers 7306.30.1000 and
                                                Appendix                                                   (6) proprietary standards that are based on         7306.50.1000. The HTSUS subheadings
                                                                                                        one of the above-listed standards.                     above are provided for convenience and
                                                Scope of the Investigation                                 The subject cold-drawn mechanical tubing            customs purposes only. The written
                                                   The scope of this investigation covers cold-         may also be dual or multiple certified to              description of the scope of the investigation
                                                drawn mechanical tubing of carbon and alloy             more than one standard. Pipe that is multiple          is dispositive.
                                                steel (cold-drawn mechanical tubing) of                 certified as cold-drawn mechanical tubing
                                                                                                                                                               [FR Doc. 2017–28405 Filed 1–2–18; 8:45 am]
                                                circular cross-section, 304.8 mm or more in             and to other specifications not covered by
                                                length, in actual outside diameters less than           this scope, is also covered by the scope of            BILLING CODE 3510–DS–P
                                                331mm, and regardless of wall thickness,                this investigation when it meets the physical
                                                surface finish, end finish or industry                  description set forth above.
                                                specification. The subject cold-drawn                      Steel products included in the scope of this        DEPARTMENT OF COMMERCE
                                                mechanical tubing is a tubular product with             investigation are products in which: (1) Iron
                                                a circular cross-sectional shape that has been          predominates, by weight, over each of the              International Trade Administration
                                                cold-drawn or otherwise cold-finished after             other contained elements; and (2) the carbon
                                                the initial tube formation in a manner that             content is 2 percent or less by weight.                [C–122–858]
                                                involves a change in the diameter or wall                  For purposes of this scope, the place of
                                                thickness of the tubing, or both. The subject           cold-drawing determines the country of                 Certain Softwood Lumber Products
                                                cold-drawn mechanical tubing may be                     origin of the subject merchandise. Subject             From Canada: Amended Final
                                                produced from either welded (e.g., electric             merchandise that is subject to minor working           Affirmative Countervailing Duty
                                                resistance welded, continuous welded, etc.)             in a third country that occurs after drawing           Determination and Countervailing Duty
                                                or seamless (e.g., pierced, pilgered or                 in one of the subject countries including, but         Order
                                                extruded, etc.) carbon or alloy steel tubular           not limited to, heat treatment, cutting to
                                                products. It may also be heat treated after             length, straightening, nondestructive testing,         AGENCY:    Enforcement and Compliance,
                                                cold working. Such heat treatments may                  deburring or chamfering, remains within the            International Trade Administration,
                                                include, but are not limited to, annealing,             scope of this investigation.                           Department of Commerce.
                                                normalizing, quenching and tempering, stress               All products that meet the written physical
                                                relieving or finish annealing. Typical cold-                                                                   SUMMARY: Based on affirmative final
                                                                                                        description are within the scope of this
                                                drawing methods for subject merchandise                 investigation unless specifically excluded or          determinations by the Department of
                                                include, but are not limited to, drawing over           covered by the scope of an existing order.             Commerce (Commerce) and the
                                                mandrel, rod drawing, plug drawing, sink                Merchandise that meets the physical                    International Trade Commission (ITC),
                                                drawing and similar processes that involve              description of cold-drawn mechanical tubing            Commerce is issuing a countervailing
                                                reducing the outside diameter of the tubing             above is within the scope of the investigation         duty order on Certain Softwood Lumber
                                                with a die or similar device, whether or not            even if it is also dual or multiple certified to       Products (Softwood Lumber) from
                                                controlling the inside diameter of the tubing           an otherwise excluded specification listed
                                                with an internal support device such as a                                                                      Canada. Also, Commerce is amending
                                                                                                        below. The following products are outside of,          its final countervailing duty
                                                mandrel, rod, plug or similar device. Other             and/or specifically excluded from, the scope
                                                cold-finishing operations that may be used to           of this investigation:
                                                                                                                                                               determination with respect to Softwood
                                                produce subject merchandise include cold-                  (1) Cold-drawn stainless steel tubing,              Lumber from Canada, to correct
                                                rolling and cold-sizing the tubing.                     containing 10.5 percent or more of chromium            ministerial errors.
                                                   Subject cold-drawn mechanical tubing is              by weight and not more than 1.2 percent of             DATES: January 3, 2018.
                                                typically certified to meet industry                    carbon by weight;
                                                specifications for cold-drawn tubing                                                                           FOR FURTHER INFORMATION CONTACT:
                                                                                                           (2) products certified to one or more of the
                                                including but not limited to:                           ASTM, ASME or American Petroleum                       Nicholas Czajkowski and Kristen
                                                   (1) American Society for Testing and                 Institute (API) specifications listed below:           Johnson, AD/CVD Operations, Offices I
                                                Materials (ASTM) or American Society of                                                                        and III, Enforcement and Compliance,
                                                Mechanical Engineers (ASME) specifications                 • ASTM A–53;
                                                                                                           • ASTM A–106;                                       International Trade Administration,
                                                ASTM A–512, ASTM A–513 Type 3 (ASME
                                                SA513 Type 3), ASTM A–513 Type 4 (ASME                     • ASTM A–179 (ASME SA 179);                         U.S. Department of Commerce, 1401
                                                SA513 Type 4), ASTM A–513 Type 5 (ASME                     • ASTM A–192 (ASME SA 192);                         Constitution Avenue NW, Washington,
                                                SA513 Type 5), ASTM A–513 Type 6 (ASME                     • ASTM A–209 (ASME SA 209);                         DC 20230; telephone: 202–482–1395
                                                SA513 Type 6), ASTM A–519 (cold-finished);                 • ASTM A–210 (ASME SA 210);                         and (202) 482–4793, respectively.
                                                   (2) SAE International (Society of                       • ASTM A–213 (ASME SA 213);
                                                                                                                                                               SUPPLEMENTARY INFORMATION:
                                                Automotive Engineers) specifications SAE                   • ASTM A–334 (ASME SA 334);
                                                J524, SAE J525, SAE J2833, SAE J2614, SAE                  • ASTM A–423 (ASME SA 423);                         Background
                                                J2467, SAE J2435, SAE J2613;                               • ASTM A–498;
                                                                                                           • ASTM A–496 (ASME SA 496);                            In accordance with sections 705(a),
                                                   (3) Aerospace Material Specification (AMS)
                                                AMS T–6736 (AMS 6736), AMS 6371, AMS                       • ASTM A–199;                                       705(d), and 777(i)(1) of the Tariff Act of
                                                5050, AMS 5075, AMS 5062, AMS 6360,                        • ASTM A–500;                                       1930, as amended (the Act), and 19 CFR
                                                AMS 6361, AMS 6362, AMS 6371, AMS                          • ASTM A–556;                                       351.210(c), on November 8, 2017,
                                                6372, AMS 6374, AMS 6381, AMS 6415;                        • ASTM A–565;                                       Commerce published an affirmative
                                                   (4) United States Military Standards (MIL)              • API 5L; and                                       final determination in the
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                                                MIL–T–5066 and MIL–T–6736;                                 • API 5CT                                           countervailing duty investigation of
                                                   (5) foreign standards equivalent to one of           except that any cold-drawn tubing product              Softwood Lumber from Canada.1
                                                the previously listed ASTM, ASME, SAE,                  certified to one of the above excluded
                                                AMS or MIL specifications including but not             specifications will not be excluded from the             1 See Certain Softwood Lumber Products From
                                                limited to:                                             scope if it is also dual- or multiple-certified        Canada: Final Affirmative Countervailing Duty
                                                   (a) German Institute for Standardization             to any other specification that otherwise              Determination, and Final Negative Determination of
                                                (DIN) specifications DIN 2391–2, DIN 2393–              would fall within the scope of this                    Critical Circumstances, 82 FR 51814 (November 8,
                                                2, DIN 2394–2);                                         investigation.                                         2017) (Final Determination).



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Document Created: 2018-10-26 09:29:05
Document Modified: 2018-10-26 09:29:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable January 3, 2018.
ContactLaurel LaCivita, AD/CVD Operations, Office III, and Amanda Brings, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4243 or (202) 482-3927, respectively.
FR Citation83 FR 345 

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