83_FR_43810 83 FR 43644 - Large Diameter Welded Pipe From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value

83 FR 43644 - Large Diameter Welded Pipe From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 166 (August 27, 2018)

Page Range43644-43646
FR Document2018-18489

The Department of Commerce (Commerce) preliminarily determines that large diameter welded pipe (welded pipe) from the People's Republic of China (China) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2017, through December 31, 2017. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 83 Issue 166 (Monday, August 27, 2018)
[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Notices]
[Pages 43644-43646]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18489]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-077]


Large Diameter Welded Pipe From the People's Republic of China: 
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) preliminarily determines 
that large diameter welded pipe (welded pipe) from the People's 
Republic of China (China) is being, or is likely to be, sold in the 
United States at less than fair value (LTFV). The period of 
investigation (POI) is July 1, 2017, through December 31, 2017. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable August 27, 2018.

FOR FURTHER INFORMATION CONTACT: Trenton Duncan or Ryan Mullen, 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) 482-3539 or (202) 482-5260, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(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 June 8, 2018, Commerce postponed the preliminary 
determination of this investigation; the revised deadline is now August 
20, 2018.\2\ For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\3\ A list of topics included 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 https://access.trade.gov, and 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 Canada, Greece, India, 
the People's Republic of China, the Republic of Korea, and the 
Republic of Turkey: Initiation of Less-Than-Fair-Value 
Investigations, 83 FR 7154 (February 20, 2018) (Initiation Notice).
    \2\ See Large Diameter Welded Pipe from Canada, Greece, India, 
the People's Republic of China, the Republic of Korea, and the 
Republic of Turkey: Postponement of Preliminary Determinations in 
Less-Than-Fair-Value Investigations, 83 FR 27953 (June 15, 2018).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Large 
Diameter Welded Pipe from People's Republic of China,'' 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 
China. 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. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this investigation, 
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 the revised scope in Appendix I to this notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \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'' (Preliminary Scope 
Decision Memorandum), dated June 19, 2018.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Pursuant to section 776(a) and (b) of the Act, 
we have preliminarily relied upon facts otherwise available, with 
adverse inferences (AFA), for the China-wide entity. As AFA, we have 
assigned the highest margin alleged in the Petition of 132.63 
percent.\7\ For a full description of the methodology underlying 
Commerce's preliminary determination, see the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \7\ See Petitioners' Letter, ``Response to the Department's 
January 23, 2018 Supplemental Questions Regarding Volume VIII of the 
Petition for the Imposition of Antidumping and Countervailing 
Duties,'' dated January 25, 2018,'' at Exhibit AD-CN-Supp-3.
---------------------------------------------------------------------------

Combination Rates

    In the Initiation Notice,\8\ Commerce stated that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation. Policy Bulletin 
05.1 describes this practice.\9\ In this case, because no respondent 
qualified for a separate rate, producer/exporter combination rates were 
not calculated.
---------------------------------------------------------------------------

    \8\ See Initiation Notice at 7160.
    \9\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
Commerce's website at http://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margin exists:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                                                              average
                        Exporter                              dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
China-wide Entity.......................................          132.63
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct CBP to suspend liquidation of subject

[[Page 43645]]

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, as 
discussed below. Further, pursuant to section 733(d)(1)(B) of the Act 
and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash 
deposit equal to the weighted average amount by which normal value 
exceeds U.S. price, as indicated in the chart above as follows: (1) For 
the producer/exporter combinations listed in the table above, the cash 
deposit rate is equal to the estimated weighted-average dumping margin 
listed for that combination in the table; (2) for all combinations of 
Chinese producers/exporters of merchandise under consideration that 
have not established eligibility for their own separate rates, the cash 
deposit rate will be equal to the estimated weighted-average dumping 
margin established for the China-wide entity; and (3) for all third-
country exporters of merchandise under consideration not listed in the 
table above, the cash deposit rate is the cash deposit rate applicable 
to the China producer/exporter combination (or the China-wide entity) 
that supplied that third-country exporter.
    To determine the cash deposit rate, Commerce normally adjusts the 
estimated weighted-average dumping margin by the amount of domestic 
subsidy pass-through and export subsidies determined in a companion 
countervailing duty (CVD) proceeding when CVD provisional measures are 
in effect. However, in this investigation, we made no adjustments to 
the China-wide entity's antidumping cash deposit rate of 132.63 percent 
because Commerce made no findings in the companion CVD investigation 
that any of the subsidies in question are export subsidies.\10\ 
Further, pursuant to section 777A(f) of the Act, we normally adjust 
cash deposit rates for estimated domestic subsidy pass-through, where 
appropriate. However, in this case there is no basis to grant a 
domestic subsidy pass-through adjustment.\11\ Thus, Commerce has not 
made an adjustment to the antidumping duty cash deposit rates under 
section 777A(f) of the Act. These suspension of liquidation 
instructions will remain in effect until further notice.
---------------------------------------------------------------------------

    \10\ See Preliminary Decision Memorandum.
    \11\ Id.
---------------------------------------------------------------------------

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination within five 
days of its public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b). However, because Commerce 
preliminarily applied AFA to the China-wide entity in this 
investigation, in accordance with section 776 of the Act, and the 
applied AFA rate is based solely on the petition, there are no 
calculations to disclose.

Verification

    Because none of the mandatory respondents in this investigation 
responded to our requests for information, verification will not be 
conducted.

Public Comment

    Case briefs or other written comments regarding non-scope issues 
may be submitted to the Assistant Secretary for Enforcement and 
Compliance no later than 30 days after the date of publication of the 
preliminary determination, unless the Secretary alters the time limit. 
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).
---------------------------------------------------------------------------

    Additionally, case briefs regarding scope issues may be submitted 
within 10 days after the date of this notice in the Federal Register. 
Rebuttal briefs regarding scope issues, limited to those issues in the 
scope case briefs, may be submitted no later than five days after the 
deadline date for scope case briefs. All scope case and rebuttal briefs 
must be filed identically on the records of this investigation and the 
concurrent AD and CVD investigations of welded pipe.
    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 the date, time, and 
location of the hearing two days before the scheduled date.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Final Determination

    Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that 
Commerce will issue the final determination within 75 days after the 
date of its preliminary determination. Accordingly, Commerce will make 
its final determination no later than 75 days after the signature date 
of this preliminary determination.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: August 20, 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

[[Page 43646]]

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.
    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. Period of Investigation
IV. Scope Comments
V. Discussion of the Methodology
    A. Non-Market Economy Country
    B. China-Wide Entity
    C. Application of Facts Available and Adverse Inferences
    1. Application of Facts Available
    2. Application of Facts Available With an Adverse Inference
    3. Selection and Corroboration of the AFA Rate
VI. Adjustment Under Section 777A(f) of the Act
VII. Adjustments to Cash Deposit Rates for Export Subsidies
VIII. Conclusion

[FR Doc. 2018-18489 Filed 8-24-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                              43644                        Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices

                                              a hearing is made, Commerce intends to                  on February 20, 2018.1 On June 8, 2018,                 Memorandum.6 Commerce is
                                              hold the hearing at the U.S. Department                 Commerce postponed the preliminary                      preliminarily modifying the scope
                                              of Commerce, 1401 Constitution Avenue                   determination of this investigation; the                language as it appeared in the Initiation
                                              NW, Washington, DC 20230, at a date                     revised deadline is now August 20,                      Notice. See the revised scope in
                                              and time to be determined. Commerce                     2018.2 For a complete description of the                Appendix I to this notice.
                                              will issue a notice of final results of this            events that followed the initiation of                  Methodology
                                              full sunset review, which will include                  this investigation, see the Preliminary
                                              the results of its analysis of issues raised            Decision Memorandum.3 A list of topics                    Commerce is conducting this
                                              in any such comments, no later than                     included in the Preliminary Decision                    investigation in accordance with section
                                              October 1, 2018.                                        Memorandum is included as Appendix                      731 of the Act. Pursuant to section
                                                This five-year (sunset) review and                    II to this notice. The Preliminary                      776(a) and (b) of the Act, we have
                                              notice are in accordance with sections                  Decision Memorandum is a public                         preliminarily relied upon facts
                                              751(c), 752(c), and 777(i)(1) of the Act                document and is on file electronically                  otherwise available, with adverse
                                              and 19 CFR 351.218(f)(1).                               via Enforcement and Compliance’s                        inferences (AFA), for the China-wide
                                                                                                      Antidumping and Countervailing Duty                     entity. As AFA, we have assigned the
                                                Dated: August 21, 2018.                                                                                       highest margin alleged in the Petition of
                                              Gary Taverman
                                                                                                      Centralized Electronic Service System
                                                                                                      (ACCESS). ACCESS is available to                        132.63 percent.7 For a full description of
                                              Deputy Assistant Secretary for Antidumping                                                                      the methodology underlying
                                              and Countervailing Duty Operations,
                                                                                                      registered users at https://
                                                                                                      access.trade.gov, and to all parties in the             Commerce’s preliminary determination,
                                              performing the non-exclusive functions and                                                                      see the Preliminary Decision
                                              duties of the Assistant Secretary for                   Central Records Unit, room B8024 of the
                                                                                                      main Department of Commerce                             Memorandum.
                                              Enforcement and Compliance.
                                              [FR Doc. 2018–18436 Filed 8–24–18; 8:45 am]             building. In addition, a complete                       Combination Rates
                                              BILLING CODE 3510–DS–P
                                                                                                      version of the Preliminary Decision                       In the Initiation Notice,8 Commerce
                                                                                                      Memorandum can be accessed directly                     stated that it would calculate producer/
                                                                                                      at http://enforcement.trade.gov/frn/.                   exporter combination rates for the
                                              DEPARTMENT OF COMMERCE                                  The signed and electronic versions of                   respondents that are eligible for a
                                                                                                      the Preliminary Decision Memorandum                     separate rate in this investigation. Policy
                                              International Trade Administration                      are identical in content.                               Bulletin 05.1 describes this practice.9 In
                                              [A–570–077]                                             Scope of the Investigation                              this case, because no respondent
                                                                                                                                                              qualified for a separate rate, producer/
                                                                                                        The product covered by this
                                              Large Diameter Welded Pipe From the                                                                             exporter combination rates were not
                                                                                                      investigation is welded pipe from
                                              People’s Republic of China:                                                                                     calculated.
                                                                                                      China. For a complete description of the
                                              Preliminary Determination of Sales at                   scope of this investigation, see                        Preliminary Determination
                                              Less Than Fair Value                                    Appendix I.                                               Commerce preliminarily determines
                                              AGENCY:   Enforcement and Compliance,                   Scope Comments                                          that the following estimated weighted-
                                              International Trade Administration,                                                                             average dumping margin exists:
                                                                                                        In accordance with the preamble to
                                              Department of Commerce.
                                                                                                      Commerce’s regulations,4 the Initiation                                                        Estimated
                                              SUMMARY: The Department of Commerce                     Notice set aside a period of time for                                                          weighted-
                                              (Commerce) preliminarily determines                     parties to raise issues regarding product                                                       average
                                              that large diameter welded pipe (welded                                                                                     Exporter
                                                                                                      coverage (i.e. scope).5 Certain interested                                                     dumping
                                              pipe) from the People’s Republic of                                                                                                                     margin
                                                                                                      parties commented on the scope of the                                                          (percent)
                                              China (China) is being, or is likely to be,             investigation as it appeared in the
                                              sold in the United States at less than fair             Initiation Notice. For a summary of the                 China-wide Entity ..................        132.63
                                              value (LTFV). The period of                             product coverage comments and
                                              investigation (POI) is July 1, 2017,                    rebuttal responses submitted to the                     Suspension of Liquidation
                                              through December 31, 2017. Interested                   record for this investigation, and
                                              parties are invited to comment on this                                                                            In accordance with section 733(d)(2)
                                                                                                      accompanying discussion and analysis                    of the Act, Commerce will direct CBP to
                                              preliminary determination.                              of all comments timely received, see the                suspend liquidation of subject
                                              DATES: Applicable August 27, 2018.                      Preliminary Scope Decision
                                              FOR FURTHER INFORMATION CONTACT:                                                                                  6 See Memorandum, ‘‘Large Diameter Welded
                                              Trenton Duncan or Ryan Mullen, AD/                        1 See  Large Diameter Welded Pipe from Canada,        Pipe from Canada, Greece, India, the People’s
                                              CVD Operations, Office V, Enforcement                   Greece, India, the People’s Republic of China, the      Republic of China, the Republic of Korea, and the
                                                                                                      Republic of Korea, and the Republic of Turkey:          Republic of Turkey: Scope Comments Decision
                                              and Compliance, International Trade                     Initiation of Less-Than-Fair-Value Investigations, 83   Memorandum for the Preliminary Determinations’’
                                              Administration, U.S. Department of                      FR 7154 (February 20, 2018) (Initiation Notice).        (Preliminary Scope Decision Memorandum), dated
                                              Commerce, 1401 Constitution Avenue                         2 See Large Diameter Welded Pipe from Canada,
                                                                                                                                                              June 19, 2018.
                                              NW, Washington, DC 20230; telephone:                    Greece, India, the People’s Republic of China, the        7 See Petitioners’ Letter, ‘‘Response to the
                                                                                                      Republic of Korea, and the Republic of Turkey:          Department’s January 23, 2018 Supplemental
                                              (202) 482–3539 or (202) 482–5260,                       Postponement of Preliminary Determinations in           Questions Regarding Volume VIII of the Petition for
                                              respectively.                                           Less-Than-Fair-Value Investigations, 83 FR 27953        the Imposition of Antidumping and Countervailing
                                                                                                      (June 15, 2018).                                        Duties,’’ dated January 25, 2018,’’ at Exhibit AD–
                                              SUPPLEMENTARY INFORMATION:
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                         3 See Memorandum, ‘‘Decision Memorandum for          CN–Supp–3.
                                              Background                                              the Preliminary Determination in the Less-Than-           8 See Initiation Notice at 7160.
                                                                                                      Fair-Value Investigation of Large Diameter Welded         9 See Enforcement and Compliance’s Policy
                                                 This preliminary determination is                    Pipe from People’s Republic of China,’’ dated           Bulletin No. 05.1, regarding, ‘‘Separate-Rates
                                              made in accordance with section 733(b)                  concurrently with, and hereby adopted by, this          Practice and Application of Combination Rates in
                                                                                                      notice (Preliminary Decision Memorandum).               Antidumping Investigations involving Non-Market
                                              of the Tariff Act of 1930, as amended                      4 See Antidumping Duties; Countervailing Duties,
                                                                                                                                                              Economy Countries,’’ (April 5, 2005) (Policy
                                              (the Act). Commerce published the                       Final Rule, 62 FR 27296, 27323 (May 19, 1997).          Bulletin 05.1), available on Commerce’s website at
                                              notice of initiation of this investigation                 5 See Initiation Notice.                             http://enforcement.trade.gov/policy/bull05-1.pdf.



                                         VerDate Sep<11>2014   17:51 Aug 24, 2018   Jkt 244001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\27AUN1.SGM     27AUN1


                                                                            Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices                                                 43645

                                              merchandise as described in the scope                    preliminary determination within five                 intends to hold the hearing at the U.S.
                                              of the investigation section entered, or                 days of its public announcement or, if                Department of Commerce, 1401
                                              withdrawn from warehouse, for                            there is no public announcement,                      Constitution Avenue NW, Washington,
                                              consumption on or after the date of                      within five days of the date of                       DC 20230, at a time and date to be
                                              publication of this notice in the Federal                publication of this notice in accordance              determined. Parties should confirm the
                                              Register, as discussed below. Further,                   with 19 CFR 351.224(b). However,                      date, time, and location of the hearing
                                              pursuant to section 733(d)(1)(B) of the                  because Commerce preliminarily                        two days before the scheduled date.
                                              Act and 19 CFR 351.205(d), Commerce                      applied AFA to the China-wide entity in
                                              will instruct CBP to require a cash                                                                            International Trade Commission
                                                                                                       this investigation, in accordance with
                                              deposit equal to the weighted average                                                                          Notification
                                                                                                       section 776 of the Act, and the applied
                                              amount by which normal value exceeds                     AFA rate is based solely on the petition,                In accordance with section 733(f) of
                                              U.S. price, as indicated in the chart                    there are no calculations to disclose.                the Act, Commerce will notify the
                                              above as follows: (1) For the producer/                                                                        International Trade Commission (ITC) of
                                              exporter combinations listed in the table                Verification                                          its preliminary determination. If the
                                              above, the cash deposit rate is equal to                   Because none of the mandatory                       final determination is affirmative, the
                                              the estimated weighted-average                           respondents in this investigation                     ITC will determine before the later of
                                              dumping margin listed for that                           responded to our requests for                         120 days after the date of this
                                              combination in the table; (2) for all                    information, verification will not be                 preliminary determination or 45 days
                                              combinations of Chinese producers/                       conducted.                                            after the final determination whether
                                              exporters of merchandise under                                                                                 these imports are materially injuring, or
                                                                                                       Public Comment
                                              consideration that have not established                                                                        threaten material injury to, the U.S.
                                              eligibility for their own separate rates,                   Case briefs or other written comments              industry.
                                              the cash deposit rate will be equal to the               regarding non-scope issues may be
                                                                                                       submitted to the Assistant Secretary for              Final Determination
                                              estimated weighted-average dumping
                                              margin established for the China-wide                    Enforcement and Compliance no later                      Section 735(a)(1) of the Act and 19
                                              entity; and (3) for all third-country                    than 30 days after the date of                        CFR 351.210(b)(1) provide that
                                              exporters of merchandise under                           publication of the preliminary                        Commerce will issue the final
                                              consideration not listed in the table                    determination, unless the Secretary                   determination within 75 days after the
                                              above, the cash deposit rate is the cash                 alters the time limit. Rebuttal briefs,               date of its preliminary determination.
                                              deposit rate applicable to the China                     limited to issues raised in case briefs,              Accordingly, Commerce will make its
                                              producer/exporter combination (or the                    may be submitted no later than five days              final determination no later than 75
                                              China-wide entity) that supplied that                    after the deadline date for case briefs.12            days after the signature date of this
                                              third-country exporter.                                  Pursuant to 19 CFR 351.309(c)(2) and                  preliminary determination.
                                                 To determine the cash deposit rate,                   (d)(2), parties who submit case briefs or
                                                                                                                                                             Notification to Interested Parties
                                              Commerce normally adjusts the                            rebuttal briefs in this investigation are
                                              estimated weighted-average dumping                       encouraged to submit with each                          This determination is issued and
                                              margin by the amount of domestic                         argument: (1) A statement of the issue;               published in accordance with sections
                                              subsidy pass-through and export                          (2) a brief summary of the argument;                  733(f) and 777(i)(1) of the Act and 19
                                              subsidies determined in a companion                      and (3) a table of authorities.                       CFR 351.205(c).
                                              countervailing duty (CVD) proceeding                        Additionally, case briefs regarding                  Dated: August 20, 2018.
                                              when CVD provisional measures are in                     scope issues may be submitted within                  Gary Taverman,
                                              effect. However, in this investigation,                  10 days after the date of this notice in              Deputy Assistant Secretary for Antidumping
                                              we made no adjustments to the China-                     the Federal Register. Rebuttal briefs                 and Countervailing Duty Operations,
                                              wide entity’s antidumping cash deposit                   regarding scope issues, limited to those              performing the non-exclusive functions and
                                              rate of 132.63 percent because                           issues in the scope case briefs, may be               duties of the Assistant Secretary for
                                              Commerce made no findings in the                         submitted no later than five days after               Enforcement and Compliance.
                                              companion CVD investigation that any                     the deadline date for scope case briefs.              Appendix I
                                              of the subsidies in question are export                  All scope case and rebuttal briefs must
                                              subsidies.10 Further, pursuant to section                be filed identically on the records of this           Scope of the Investigation
                                              777A(f) of the Act, we normally adjust                   investigation and the concurrent AD                      The merchandise covered by this
                                              cash deposit rates for estimated                         and CVD investigations of welded pipe.                investigation is welded carbon and alloy steel
                                              domestic subsidy pass-through, where                        Pursuant to 19 CFR 351.310(c),                     pipe (including stainless steel pipe), more
                                              appropriate. However, in this case there                 interested parties who wish to request a              than 406.4 mm (16 inches) in nominal
                                                                                                       hearing, limited to issues raised in the              outside diameter (large diameter welded
                                              is no basis to grant a domestic subsidy                                                                        pipe), regardless of wall thickness, length,
                                              pass-through adjustment.11 Thus,                         case and rebuttal briefs, must submit a               surface finish, grade, end finish, or
                                              Commerce has not made an adjustment                      written request to the Assistant                      stenciling. Large diameter welded pipe may
                                              to the antidumping duty cash deposit                     Secretary for Enforcement and                         be used to transport oil, gas, slurry, steam, or
                                              rates under section 777A(f) of the Act.                  Compliance, U.S. Department of                        other fluids, liquids, or gases. It may also be
                                              These suspension of liquidation                          Commerce, within 30 days after the date               used for structural purposes, including, but
                                              instructions will remain in effect until                 of publication of this notice. Requests               not limited to, piling. Specifically, not
                                              further notice.                                          should contain the party’s name,                      included is large diameter welded pipe
                                                                                                       address, and telephone number, the                    produced only to specifications of the
amozie on DSK3GDR082PROD with NOTICES1




                                              Disclosure                                               number of participants, whether any
                                                                                                                                                             American Water Works Association (AWWA)
                                                                                                                                                             for water and sewage pipe.
                                                Normally, Commerce discloses to                        participant is a foreign national, and a                 Large diameter welded pipe used to
                                              interested parties the calculations                      list of the issues to be discussed. If a              transport oil, gas, or natural gas liquids is
                                              performed in connection with a                           request for a hearing is made, Commerce               normally produced to the American
                                                                                                                                                             Petroleum Institute (API) specification 5L.
                                                10 See   Preliminary Decision Memorandum.                 12 See 19 CFR 351.309; see also 19 CFR 351.303     Large diameter welded pipe may also be
                                                11 Id.                                                 (for general filing requirements).                    produced to American Society for Testing



                                         VerDate Sep<11>2014    17:51 Aug 24, 2018   Jkt 244001   PO 00000   Frm 00012   Fmt 4703   Sfmt 4703   E:\FR\FM\27AUN1.SGM   27AUN1


                                              43646                        Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices

                                              and Materials (ASTM) standards A500, A252,              DEPARTMENT OF COMMERCE                                  II to this notice. The Preliminary
                                              or A53, or other relevant domestic                                                                              Decision Memorandum is a public
                                              specifications, grades and/or standards. Large          International Trade Administration                      document and is on file electronically
                                              diameter welded pipe can be produced to                                                                         via Enforcement and Compliance’s
                                                                                                      [A–489–833]
                                              comparable foreign specifications, grades                                                                       Antidumping and Countervailing Duty
                                              and/or standards or to proprietary                      Large Diameter Welded Pipe From the                     Centralized Electronic Service System
                                              specifications, grades and/or standards, or             Republic of Turkey: Preliminary                         (ACCESS). ACCESS is available to
                                              can be non-graded material. All pipe meeting            Determination of Sales at Less Than                     registered users at https://
                                              the physical description set forth above is             Fair Value and Postponement of Final                    access.trade.gov, and to all parties in the
                                              covered by the scope of this investigation,                                                                     Central Records Unit, Room B8024 of
                                                                                                      Determination
                                              whether or not produced according to a                                                                          the main Department of Commerce
                                              particular standard.                                    AGENCY:   Enforcement and Compliance,                   building. In addition, a complete
                                                Subject merchandise also includes large               International Trade Administration,                     version of the Preliminary Decision
                                              diameter welded pipe that has been further              Department of Commerce.                                 Memorandum can be accessed directly
                                              processed in a third country, including but             SUMMARY: The Department of Commerce                     at http://enforcement.trade.gov/frn/.
                                              not limited to coating, painting, notching,             (Commerce) preliminarily determines                     The signed and electronic versions of
                                              beveling, cutting, punching, welding, or any            that large diameter welded pipe (welded                 the Preliminary Decision Memorandum
                                              other processing that would not otherwise               pipe) from the Republic of Turkey                       are identical in content.
                                              remove the merchandise from the scope of                (Turkey) is being, or is likely to be, sold
                                              the investigation if performed in the country           in the United States at less than fair                  Scope of the Investigation
                                              of manufacture of the in-scope large diameter           value (LTFV). The period of                               The product covered by this
                                              welded pipe.                                            investigation (POI) is January 1, 2017,                 investigation is welded pipe from
                                                The large diameter welded pipe that is                through December 31, 2017. Interested                   Turkey. For a complete description of
                                              subject to this investigation is currently              parties are invited to comment on this                  the scope of this investigation, see
                                              classifiable in the Harmonized Tariff                   preliminary determination.                              Appendix I.
                                              Schedule of the United States (HTSUS) under
                                                                                                      DATES: Applicable August 27, 2018.
                                              subheadings 7305.11.1030, 7305.11.1060,                                                                         Scope Comments
                                              7305.11.5000, 7305.12.1030, 7305.12.1060,               FOR FURTHER INFORMATION CONTACT:
                                                                                                      Rebecca Janz or William Miller, AD/                        In accordance with the preamble to
                                              7305.12.5000, 7305.19.1030, 7305.19.1060,
                                                                                                      CVD Operations, Office II, Enforcement                  Commerce’s regulations,4 the Initiation
                                              7305.19.5000, 7305.31.4000, 7305.31.6010,
                                                                                                      and Compliance, International Trade                     Notice set aside a period of time for
                                              7305.31.6090, 7305.39.1000 and
                                                                                                      Administration, U.S. Department of                      parties to raise issues regarding product
                                              7305.39.5000. While the HTSUS subheadings
                                                                                                      Commerce, 1401 Constitution Avenue                      coverage (i.e., scope).5 Certain interested
                                              are provided for convenience and customs
                                              purposes, the written description of the                NW, Washington, DC 20230; telephone:                    parties commented on the scope of the
                                              scope of this investigation is dispositive.             (202) 482–2972 or (202) 482–3906,                       investigation as it appeared in the
                                                                                                      respectively.                                           Initiation Notice. For a summary of the
                                              Appendix II                                                                                                     product coverage comments and
                                                                                                      SUPPLEMENTARY INFORMATION:
                                                                                                                                                              rebuttal responses submitted to the
                                              List of Topics Discussed in the Preliminary
                                              Decision Memorandum                                     Background                                              record for this investigation, and
                                                                                                                                                              accompanying discussion and analysis
                                              I. Summary                                                 This preliminary determination is
                                                                                                                                                              of all comments timely received, see the
                                              II. Background                                          made in accordance with section 733(b)
                                                                                                                                                              Preliminary Scope Decision
                                              III. Period of Investigation                            of the Tariff Act of 1930, as amended
                                                                                                                                                              Memorandum.6 Commerce is
                                              IV. Scope Comments                                      (the Act). Commerce published the
                                                                                                                                                              preliminarily modifying the scope
                                              V. Discussion of the Methodology                        notice of initiation of this investigation
                                                                                                                                                              language as it appeared in the Initiation
                                                 A. Non-Market Economy Country                        on February 20, 2018.1 On June 8, 2018,
                                                                                                                                                              Notice. See revised scope in Appendix
                                                 B. China-Wide Entity                                 Commerce postponed the preliminary
                                                                                                                                                              I to this notice.
                                                 C. Application of Facts Available and                determination of this investigation and
                                                    Adverse Inferences                                the revised deadline is now August 20,                  Methodology
                                                 1. Application of Facts Available                    2018.2 For a complete description of the
                                                                                                                                                                Commerce is conducting this
                                                 2. Application of Facts Available With an            events that followed the initiation of
                                                                                                                                                              investigation in accordance with section
                                                    Adverse Inference                                 this investigation, see the Preliminary
                                                                                                                                                              731 of the Act. Commerce has
                                                 3. Selection and Corroboration of the AFA            Decision Memorandum.3 A list of topics
                                                                                                                                                              calculated export prices in accordance
                                                    Rate                                              included in the Preliminary Decision
                                                                                                                                                              with section 772(a) of the Act. Normal
                                              VI. Adjustment Under Section 777A(f) of the             Memorandum is included as Appendix                      value (NV) is calculated in accordance
                                                    Act
                                                                                                                                                              with section 773 of the Act. For a full
                                              VII. Adjustments to Cash Deposit Rates for                 1 See Large Diameter Welded Pipe from Canada,

                                                                                                      Greece, India, the People’s Republic of China, the      description of the methodology
                                                    Export Subsidies
                                              VIII. Conclusion                                        Republic of Korea, and the Republic of Turkey:          underlying the preliminary
                                                                                                      Initiation of Less-Than-Fair-Value Investigations, 83   determination, see the Preliminary
                                              [FR Doc. 2018–18489 Filed 8–24–18; 8:45 am]             FR 7154 (February 20, 2018) (Initiation Notice).
                                                                                                         2 See Large Diameter Welded Pipe from Canada,
                                                                                                                                                              Decision Memorandum.
                                              BILLING CODE 3510–DS–P
                                                                                                      Greece, India, the People’s Republic of China, the
                                                                                                                                                                4 See Antidumping Duties; Countervailing Duties,
                                                                                                      Republic of Korea, and the Republic of Turkey:
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                      Postponement of Preliminary Determinations in the       Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                                                                      Less-Than-Fair-Value Investigations, 83 FR 27953          5 See Initiation Notice.

                                                                                                      (June 15, 2018).                                          6 See Memorandum, ‘‘Large Diameter Welded
                                                                                                         3 See Memorandum, ‘‘Decision Memorandum for          Pipe from Canada, Greece, India, the People’s
                                                                                                      the Preliminary Determination in the Less-Than-         Republic of China, the Republic of Korea, and the
                                                                                                      Fair-Value Investigation of Large Diameter Welded       Republic of Turkey: Scope Comments Decision
                                                                                                      Pipe from the Republic of Turkey,’’ dated               Memorandum for the Preliminary Determinations,’’
                                                                                                      concurrently with, and hereby adopted by, this          dated June 19, 2018 (Preliminary Scope Decision
                                                                                                      notice (Preliminary Decision Memorandum).               Memorandum).



                                         VerDate Sep<11>2014   17:51 Aug 24, 2018   Jkt 244001   PO 00000   Frm 00013   Fmt 4703   Sfmt 4703   E:\FR\FM\27AUN1.SGM    27AUN1



Document Created: 2018-08-25 01:48:33
Document Modified: 2018-08-25 01:48:33
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 August 27, 2018.
ContactTrenton Duncan or Ryan Mullen, 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) 482-3539 or (202) 482-5260, respectively.
FR Citation83 FR 43644 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR