83_FR_43815 83 FR 43649 - Large Diameter Welded Pipe From Canada: Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

83 FR 43649 - Large Diameter Welded Pipe From Canada: Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range43649-43651
FR Document2018-18488

The Department of Commerce (Commerce) preliminarily determines that large diameter welded pipe (welded pipe) from Canada is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is January 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 43649-43651]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18488]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-863]


Large Diameter Welded Pipe From Canada: Preliminary Determination 
of Sales at Less Than Fair Value, Postponement of Final Determination, 
and Extension of Provisional Measures

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 Canada is being, or 
is likely to be, sold in the United States at less than fair value 
(LTFV). The period of investigation (POI) is January 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: Susan S. Pulongbarit or Annathea Cook, 
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) 482-4031or (202) 482-
0250, 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 
the 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 Canada'' 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 
Canada. 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 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, as well as additional language proposed by Commerce. 
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,'' dated June 19, 2018 
(Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce has calculated export prices in 
accordance with section 772(a) of the Act. Normal value (NV) is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in 
the preliminary determination Commerce shall determine an estimated 
all-others rate for all exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
and de minimis margins, and any margins determined entirely under 
section 776 of the Act.
    Commerce calculated an individual estimated weighted-average 
dumping margin for Evraz Inc. NA (Evraz),\7\ the only individually 
examined exporter/producer in this investigation. Because the only 
individually calculated dumping margin is not zero, de minimis, or 
based entirely on facts otherwise available, the estimated weighted-
average dumping margin calculated for Evraz is the margin assigned to 
all-other producers and exporters, pursuant to section 735(c)(5)(A) of 
the Act.
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    \7\ While Commerce listed the name Evraz Inc. in its respondent 
selection memo based on U.S. Customs Border and Border Protection 
data, following the receipt of responses from Evraz, we note that 
Evraz's formal name is Evraz Inc. NA. See Memorandum, ``Less-Than-
Fair-Value Invstigation of Large Diameter Welded Pipe from Canada: 
Respondent Selection,'' dated March 23, 2018.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                                                              average
                    Exporter/producer                         dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
Evraz Inc. NA \8\.......................................           24.38
All-Others..............................................           24.38
------------------------------------------------------------------------

Suspension of Liquidation
---------------------------------------------------------------------------

    \8\ Commerce preliminarily determines that Evraz Inc. NA, Evraz 
Inc. NA Canada, and the Canadian National Steel Corporation are a 
single entity. See Preliminary Decision Memorandum at ``Affiliation 
and Collapsing.''
---------------------------------------------------------------------------

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S.

[[Page 43650]]

Customs and Border Protection (CBP) to suspend liquidation of entries 
of subject merchandise, as described in Appendix I, entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register.
    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 estimated weighted-average dumping margin or the estimated all-
others rate, as follows: (1) The cash deposit rate for Evraz Inc. NA 
will be equal to the company-specific estimated weighted-average 
dumping margins determined in this preliminary determination; (2) if 
the exporter is not a respondent identified above, but the producer is 
Evraz Inc. NA, then the cash deposit rate will be equal to the company-
specific estimated weighted-average dumping margin established for 
Evraz Inc. NA; and (3) the cash deposit rate for all other producers or 
exporters will be 24.38 percent, as discussed in the ``All-Others 
Rate'' section, above. These suspension of liquidation instructions 
will remain in effect until further notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Verification

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

Public Comment

    Case briefs or other written comments regarding non-scope issues 
may be submitted to the Assistant Secretary for Enforcement and 
Compliance no later than seven days after the date on which the last 
verification report is issued in this investigation, 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.\9\ 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.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    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 LTFV and countervailing duty 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.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures for a four-month period to a period not more than six months 
in duration.
    On July 18, 2018, and August 8, 2018, pursuant to 19 CFR 
351.210(e), Evraz requested that Commerce postpone the final 
determination and that provisional measures be extended to a period not 
to exceed six months.\10\ In accordance with section 735(a)(2)(A) of 
the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary 
determination is affirmative; (2) the requesting exporter accounts for 
a significant proportion of exports of the subject merchandise; and (3) 
no compelling reasons for denial exist, Commerce is postponing the 
final determination and extending the provisional measures for a four-
month period to a period not greater than six months. Accordingly, 
Commerce will make its final determination no later than 135 days after 
the publication date of the preliminary determination.
---------------------------------------------------------------------------

    \10\ See Letter from the petitioners, ``Large Diamater Welded 
Pipe from Canada: Petitioners' Request for Postponement of the Final 
Determination,'' dated July 18, 2018; Letter from Evraz, ``Large 
Diameter Welded Pipe from Canada: Request for Postponement of Final 
Determinatio,'' dated August 8, 2018.
---------------------------------------------------------------------------

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.

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.

[[Page 43651]]

    Large diameter welded pipe used to transport oil, gas, or 
natural gas liquids is normally produced to the American Petroleum 
Institute (API) specification 5L. Large diameter welded pipe may 
also be produced to American Society for Testing and Materials 
(ASTM) standards A500, A252, or A53, or other relevant domestic 
specifications, grades and/or standards. Large diameter welded pipe 
can be produced to comparable foreign specifications, grades and/or 
standards or to proprietary specifications, grades and/or standards, 
or can be non-graded material. All pipe meeting the physical 
description set forth above is covered by the scope of this 
investigation, whether or not produced according to a particular 
standard.
    Subject merchandise also includes large diameter welded pipe 
that has been further processed in a third country, including but 
not limited to coating, painting, notching, beveling, cutting, 
punching, welding, or any other processing that would not otherwise 
remove the merchandise from the scope of the investigation if 
performed in the country of manufacture of the in-scope large 
diameter welded pipe.
    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. Affiliation and Collapsing
    A. Affiliation
    B. Collapsing
VI. Discussion of the Methodology
    A. Determination of the Comparison Method
    B. Results of the Differential Pricing Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price
X. Normal Value
    A. Home Market Viability
    B. Level of Trade
    C. Cost of Production (COP) Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    D. Calculation of NV Based on Comparison Market Prices
    E. Calculation of NV Based on Constructed Value
XI. Currency Conversion

[FR Doc. 2018-18488 Filed 8-24-18; 8:45 am]
BILLING CODE 3510-DS-P



                                                                           Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices                                                         43649

                                              X. Currency Conversion                                  Decision Memorandum.3 A list of topics                calculated export prices in accordance
                                              XI. Adjustments to Cash Deposit Rates for               included in the Preliminary Decision                  with section 772(a) of the Act. Normal
                                                   Export Subsidies                                   Memorandum is included as Appendix                    value (NV) is calculated in accordance
                                              XII. Conclusion                                         II to this notice. The Preliminary                    with section 773 of the Act. For a full
                                              [FR Doc. 2018–18490 Filed 8–24–18; 8:45 am]             Decision Memorandum is a public                       description of the methodology
                                              BILLING CODE 3510–DS–P                                  document and is on file electronically                underlying the preliminary
                                                                                                      via Enforcement and Compliance’s                      determination, see the Preliminary
                                                                                                      Antidumping and Countervailing Duty                   Decision Memorandum.
                                              DEPARTMENT OF COMMERCE                                  Centralized Electronic Service System
                                                                                                      (ACCESS). ACCESS is available to                      All-Others Rate
                                              International Trade Administration                      registered users at https://                            Sections 733(d)(1)(ii) and 735(c)(5)(A)
                                                                                                      access.trade.gov, and to all parties in the           of the Act provide that in the
                                              [A–122–863]                                             Central Records Unit, Room B8024 of                   preliminary determination Commerce
                                                                                                      the main Department of Commerce                       shall determine an estimated all-others
                                              Large Diameter Welded Pipe From                         building. In addition, a complete                     rate for all exporters and producers not
                                              Canada: Preliminary Determination of                    version of the Preliminary Decision                   individually examined. This rate shall
                                              Sales at Less Than Fair Value,                          Memorandum can be accessed directly                   be an amount equal to the weighted
                                              Postponement of Final Determination,                    at http://enforcement.trade.gov/frn/.                 average of the estimated weighted-
                                              and Extension of Provisional Measures                   The signed and electronic versions of                 average dumping margins established
                                              AGENCY:   Enforcement and Compliance,                   the Preliminary Decision Memorandum                   for exporters and producers
                                              International Trade Administration,                     are identical in content.                             individually investigated, excluding any
                                              Department of Commerce.                                 Scope of the Investigation                            zero and de minimis margins, and any
                                              SUMMARY: The Department of Commerce                                                                           margins determined entirely under
                                                                                                        The product covered by this                         section 776 of the Act.
                                              (Commerce) preliminarily determines                     investigation is welded pipe from
                                              that large diameter welded pipe (welded                 Canada. For a complete description of                   Commerce calculated an individual
                                              pipe) from Canada is being, or is likely                the scope of this investigation, see                  estimated weighted-average dumping
                                              to be, sold in the United States at less                Appendix I.                                           margin for Evraz Inc. NA (Evraz),7 the
                                              than fair value (LTFV). The period of                                                                         only individually examined exporter/
                                              investigation (POI) is January 1, 2017,                 Scope Comments                                        producer in this investigation. Because
                                              through December 31, 2017. Interested                      In accordance with the preamble to                 the only individually calculated
                                              parties are invited to comment on this                  Commerce’s regulations,4 the Initiation               dumping margin is not zero, de
                                              preliminary determination.                              Notice set aside a period for parties to              minimis, or based entirely on facts
                                              DATES: Applicable August 27, 2018.                      raise issues regarding product coverage               otherwise available, the estimated
                                                                                                      (i.e., scope).5 Certain interested parties            weighted-average dumping margin
                                              FOR FURTHER INFORMATION CONTACT:                                                                              calculated for Evraz is the margin
                                                                                                      commented on the scope of the
                                              Susan S. Pulongbarit or Annathea Cook,                  investigation as it appeared in the                   assigned to all-other producers and
                                              AD/CVD Operations, Office V,                            Initiation Notice, as well as additional              exporters, pursuant to section
                                              Enforcement and Compliance,                             language proposed by Commerce. For a                  735(c)(5)(A) of the Act.
                                              International Trade Administration,                     summary of the product coverage
                                              U.S. Department of Commerce, 1401                                                                             Preliminary Determination
                                                                                                      comments and rebuttal responses
                                              Constitution Avenue NW, Washington,                     submitted to the record for this                        Commerce preliminarily determines
                                              DC 20230; telephone: (202) 482–4031or                   investigation, and accompanying                       that the following estimated weighted-
                                              (202) 482–0250, respectively.                           discussion and analysis of all comments               average dumping margins exist:
                                              SUPPLEMENTARY INFORMATION:                              timely received, see the Preliminary
                                              Background                                              Scope Decision Memorandum.6                                                                       Estimated
                                                                                                      Commerce is preliminarily modifying                                                               weighted-
                                                 This preliminary determination is                                                                                                                       average
                                                                                                      the scope language as it appeared in the                       Exporter/producer                  dumping
                                              made in accordance with section 733(b)                  Initiation Notice. See the revised scope                                                           margin
                                              of the Tariff Act of 1930, as amended                   in Appendix I to this notice.                                                                     (percent)
                                              (the Act). Commerce published the
                                              notice of initiation of this investigation              Methodology                                           Evraz Inc. NA 8 .....................             24.38
                                              on February 20, 2018.1 On June 8, 2018,                   Commerce is conducting this                         All-Others ..............................         24.38
                                              Commerce postponed the preliminary                      investigation in accordance with section
                                              determination of this investigation; the                731 of the Act. Commerce has                          Suspension of Liquidation
                                              revised deadline is now August 20,                                                                              In accordance with section 733(d)(2)
                                              2018.2 For a complete description of the                  3 See Memorandum, ‘‘Decision Memorandum for
                                                                                                                                                            of the Act, Commerce will direct U.S.
                                              events that followed the initiation of                  the Preliminary Determination in the Less-Than-
                                                                                                      Fair-Value Investigation of Large Diameter Welded
                                              this investigation, see the Preliminary                 Pipe from Canada’’ dated concurrently with, and          7 While Commerce listed the name Evraz Inc. in
                                                                                                      hereby adopted by, this notice (Preliminary           its respondent selection memo based on U.S.
                                                 1 See Large Diameter Welded Pipe from Canada,        Decision Memorandum).                                 Customs Border and Border Protection data,
                                                                                                        4 See Antidumping Duties; Countervailing Duties,
                                              Greece, India, the People’s Republic of China, the                                                            following the receipt of responses from Evraz, we
amozie on DSK3GDR082PROD with NOTICES1




                                              Republic of Korea, and the Republic of Turkey:          Final Rule, 62 FR 27296, 27323 (May 19, 1997).        note that Evraz’s formal name is Evraz Inc. NA. See
                                              Initiation of Less-Than-Fair-Value Investigations, 83     5 See Initiation Notice.                            Memorandum, ‘‘Less-Than-Fair-Value Invstigation
                                              FR 7154 (February 20, 2018) (Initiation Notice).          6 See Memorandum, ‘‘Large Diameter Welded           of Large Diameter Welded Pipe from Canada:
                                                 2 See Large Diameter Welded Pipe from Canada,        Pipe from Canada, Greece, India, the People’s         Respondent Selection,’’ dated March 23, 2018.
                                              Greece, India, the People’s Republic of China, the      Republic of China, the Republic of Korea, and the        8 Commerce preliminarily determines that Evraz

                                              Republic of Korea, and the Republic of Turkey:          Republic of Turkey: Scope Comments Decision           Inc. NA, Evraz Inc. NA Canada, and the Canadian
                                              Postponement of Preliminary Determinations in the       Memorandum for the Preliminary Determinations,’’      National Steel Corporation are a single entity. See
                                              Less-Than-Fair-Value Investigations, 83 FR 27953        dated June 19, 2018 (Preliminary Scope Decision       Preliminary Decision Memorandum at ‘‘Affiliation
                                              (June 15, 2018).                                        Memorandum).                                          and Collapsing.’’



                                         VerDate Sep<11>2014   17:51 Aug 24, 2018   Jkt 244001   PO 00000   Frm 00016   Fmt 4703   Sfmt 4703   E:\FR\FM\27AUN1.SGM    27AUN1


                                              43650                        Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices

                                              Customs and Border Protection (CBP) to                  (2) a brief summary of the argument;                  exceed six months.10 In accordance with
                                              suspend liquidation of entries of subject               and (3) a table of authorities.                       section 735(a)(2)(A) of the Act and 19
                                              merchandise, as described in Appendix                      Additionally, case briefs regarding                CFR 351.210(b)(2)(ii), because: (1) The
                                              I, entered, or withdrawn from                           scope issues may be submitted within                  preliminary determination is
                                              warehouse, for consumption on or after                  10 days after the date of this notice in              affirmative; (2) the requesting exporter
                                              the date of publication of this notice in               the Federal Register. Rebuttal briefs                 accounts for a significant proportion of
                                              the Federal Register.                                   regarding scope issues, limited to those              exports of the subject merchandise; and
                                                 Further, pursuant to section                         issues in the scope case briefs, may be               (3) no compelling reasons for denial
                                              733(d)(1)(B) of the Act and 19 CFR                                                                            exist, Commerce is postponing the final
                                                                                                      submitted no later than five days after
                                              351.205(d), Commerce will instruct CBP                                                                        determination and extending the
                                                                                                      the deadline date for scope case briefs.
                                              to require a cash deposit equal to the                                                                        provisional measures for a four-month
                                                                                                      All scope case and rebuttal briefs must
                                              estimated weighted-average dumping                                                                            period to a period not greater than six
                                                                                                      be filed identically on the records of this
                                              margin or the estimated all-others rate,                                                                      months. Accordingly, Commerce will
                                                                                                      investigation and the concurrent LTFV
                                              as follows: (1) The cash deposit rate for                                                                     make its final determination no later
                                                                                                      and countervailing duty investigations                than 135 days after the publication date
                                              Evraz Inc. NA will be equal to the                      of welded pipe.
                                              company-specific estimated weighted-                                                                          of the preliminary determination.
                                                                                                         Pursuant to 19 CFR 351.310(c),
                                              average dumping margins determined in                                                                         International Trade Commission
                                                                                                      interested parties who wish to request a
                                              this preliminary determination; (2) if the                                                                    Notification
                                                                                                      hearing, limited to issues raised in the
                                              exporter is not a respondent identified
                                                                                                      case and rebuttal briefs, must submit a                  In accordance with section 733(f) of
                                              above, but the producer is Evraz Inc.
                                                                                                      written request to the Assistant                      the Act, Commerce will notify the
                                              NA, then the cash deposit rate will be
                                                                                                      Secretary for Enforcement and                         International Trade Commission (ITC) of
                                              equal to the company-specific estimated
                                                                                                      Compliance, U.S. Department of                        its preliminary determination. If the
                                              weighted-average dumping margin
                                                                                                      Commerce, within 30 days after the date               final determination is affirmative, the
                                              established for Evraz Inc. NA; and (3)
                                                                                                      of publication of this notice. Requests               ITC will determine before the later of
                                              the cash deposit rate for all other
                                                                                                      should contain the party’s name,                      120 days after the date of this
                                              producers or exporters will be 24.38
                                                                                                      address, and telephone number, the                    preliminary determination or 45 days
                                              percent, as discussed in the ‘‘All-Others
                                                                                                      number of participants, whether any                   after the final determination whether
                                              Rate’’ section, above. These suspension
                                                                                                      participant is a foreign national, and a              these imports are materially injuring, or
                                              of liquidation instructions will remain
                                                                                                      list of the issues to be discussed. If a              threaten material injury to, the U.S.
                                              in effect until further notice.
                                                                                                      request for a hearing is made, Commerce               industry.
                                              Disclosure                                              intends to hold the hearing at the U.S.               Notification to Interested Parties
                                                                                                      Department of Commerce, 1401
                                                Commerce intends to disclose its                      Constitution Avenue NW, Washington,                     This determination is issued and
                                              calculations and analysis performed to                  DC 20230, at a time and date to be                    published in accordance with sections
                                              interested parties in this preliminary                  determined. Parties should confirm the                733(f) and 777(i)(1) of the Act and 19
                                              determination within five days of its                   date, time, and location of the hearing               CFR 351.205(c).
                                              public announcement or, if there is no                  two days before the scheduled date.                     Dated: August 20, 2018.
                                              public announcement, within five days
                                                                                                                                                            Gary Taverman,
                                              of the date of publication of this notice               Postponement of Final Determination
                                              in accordance with 19 CFR 351.224(b).                                                                         Deputy Assistant Secretary for Antidumping
                                                                                                      and Extension of Provisional Measures
                                                                                                                                                            and Countervailing Duty Operations,
                                              Verification                                               Section 735(a)(2) of the Act provides              performing the non-exclusive functions and
                                                                                                                                                            duties of the Assistant Secretary for
                                                                                                      that a final determination may be
                                                 As provided in section 782(i)(1) of the                                                                    Enforcement and Compliance.
                                                                                                      postponed until not later than 135 days
                                              Act, Commerce intends to verify the                                                                           Appendix I
                                                                                                      after the date of the publication of the
                                              information relied upon in making its
                                                                                                      preliminary determination if, in the                  Scope of the Investigation
                                              final determination.
                                                                                                      event of an affirmative preliminary
                                                                                                                                                              The merchandise covered by this
                                              Public Comment                                          determination, a request for such                     investigation is welded carbon and alloy steel
                                                                                                      postponement is made by exporters who                 pipe (including stainless steel pipe), more
                                                 Case briefs or other written comments                account for a significant proportion of               than 406.4 mm (16 inches) in nominal
                                              regarding non-scope issues may be                       exports of the subject merchandise, or in             outside diameter (large diameter welded
                                              submitted to the Assistant Secretary for                the event of a negative preliminary                   pipe), regardless of wall thickness, length,
                                              Enforcement and Compliance no later                     determination, a request for such                     surface finish, grade, end finish, or
                                              than seven days after the date on which                 postponement is made by the petitioner.               stenciling. Large diameter welded pipe may
                                              the last verification report is issued in               Section 351.210(e)(2) of Commerce’s                   be used to transport oil, gas, slurry, steam, or
                                              this investigation, unless the Secretary                                                                      other fluids, liquids, or gases. It may also be
                                                                                                      regulations requires that a request by                used for structural purposes, including, but
                                              alters the time limit. Rebuttal briefs,                 exporters for postponement of the final
                                              limited to issues raised in case briefs,                                                                      not limited to, piling. Specifically, not
                                                                                                      determination be accompanied by a                     included is large diameter welded pipe
                                              may be submitted no later than five days                request for extension of provisional                  produced only to specifications of the
                                              after the deadline date for case briefs.9               measures for a four-month period to a                 American Water Works Association (AWWA)
                                              Pursuant to 19 CFR 351.309(c)(2) and
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                                                                                                      period not more than six months in                    for water and sewage pipe.
                                              (d)(2), parties who submit case briefs or               duration.
                                              rebuttal briefs in this investigation are                                                                       10 See Letter from the petitioners, ‘‘Large

                                              encouraged to submit with each                             On July 18, 2018, and August 8, 2018,              Diamater Welded Pipe from Canada: Petitioners’
                                              argument: (1) A statement of the issue;                 pursuant to 19 CFR 351.210(e), Evraz                  Request for Postponement of the Final
                                                                                                      requested that Commerce postpone the                  Determination,’’ dated July 18, 2018; Letter from
                                                                                                                                                            Evraz, ‘‘Large Diameter Welded Pipe from Canada:
                                                 9 See 19 CFR 351.309; see also 19 CFR 351.303        final determination and that provisional              Request for Postponement of Final Determinatio,’’
                                              (for general filing requirements).                      measures be extended to a period not to               dated August 8, 2018.



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                                                                           Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices                                                     43651

                                                 Large diameter welded pipe used to                   DEPARTMENT OF COMMERCE                                  II to this notice. The Preliminary
                                              transport oil, gas, or natural gas liquids is                                                                   Decision Memorandum is a public
                                              normally produced to the American                       International Trade Administration                      document and is on file electronically
                                              Petroleum Institute (API) specification 5L.
                                                                                                      [A–580–897]                                             via Enforcement and Compliance’s
                                              Large diameter welded pipe may also be
                                              produced to American Society for Testing                                                                        Antidumping and Countervailing Duty
                                              and Materials (ASTM) standards A500, A252,              Large Diameter Welded Pipe From the                     Centralized Electronic Service System
                                              or A53, or other relevant domestic                      Republic of Korea: Preliminary                          (ACCESS). ACCESS is available to
                                              specifications, grades and/or standards. Large          Determination of Sales at Less Than                     registered users at https://
                                              diameter welded pipe can be produced to                 Fair Value and Postponement of Final                    access.trade.gov, and to all parties in the
                                              comparable foreign specifications, grades               Determination                                           Central Records Unit, Room B8024 of
                                              and/or standards or to proprietary                                                                              the main Department of Commerce
                                              specifications, grades and/or standards, or             AGENCY:   Enforcement and Compliance,                   building. In addition, a complete
                                              can be non-graded material. All pipe meeting            International Trade Administration,                     version of the Preliminary Decision
                                              the physical description set forth above is             Department of Commerce.
                                              covered by the scope of this investigation,
                                                                                                                                                              Memorandum can be accessed directly
                                              whether or not produced according to a                  SUMMARY: The Department of Commerce                     at http://enforcement.trade.gov/frn/.
                                              particular standard.                                    (Commerce) preliminarily determines                     The signed and electronic versions of
                                                 Subject merchandise also includes large              that large diameter welded pipe (welded                 the Preliminary Decision Memorandum
                                              diameter welded pipe that has been further              pipe) from the Republic of Korea (Korea)                are identical in content.
                                              processed in a third country, including but             is being, or is likely to be, sold in the               Scope of the Investigation
                                              not limited to coating, painting, notching,             United States at less than fair value
                                              beveling, cutting, punching, welding, or any            (LTFV). The period of investigation                       The product covered by this
                                              other processing that would not otherwise               (POI) is January 1, 2017, through                       investigation is welded pipe from Korea.
                                              remove the merchandise from the scope of                                                                        For a complete description of the scope
                                              the investigation if performed in the country
                                                                                                      December 31, 2017. Interested parties
                                                                                                      are invited to comment on this                          of this investigation, see Appendix I to
                                              of manufacture of the in-scope large diameter                                                                   this notice.
                                              welded pipe.                                            preliminary determination.
                                                 The large diameter welded pipe that is               DATES: Applicable August 27, 2018.                      Scope Comments
                                              subject to this investigation is currently              FOR FURTHER INFORMATION CONTACT:
                                              classifiable in the Harmonized Tariff
                                                                                                                                                                In accordance with the preamble to
                                                                                                      Sergio Balbontin, or Jesus Saenz,                       Commerce’s regulations,4 the Initiation
                                              Schedule of the United States (HTSUS) under
                                              subheadings 7305.11.1030, 7305.11.1060,                 AD/CVD Operations, Office VIII,                         Notice set aside a period of time for
                                              7305.11.5000, 7305.12.1030, 7305.12.1060,               Enforcement and Compliance,                             parties to raise issues regarding product
                                              7305.12.5000, 7305.19.1030, 7305.19.1060,               International Trade Administration,                     coverage (i.e., scope).5 Certain interested
                                              7305.19.5000, 7305.31.4000, 7305.31.6010,               U.S. Department of Commerce, 1401                       parties commented on the scope of the
                                              7305.31.6090, 7305.39.1000 and                          Constitution Avenue NW, Washington,                     investigation as it appeared in the
                                              7305.39.5000. While the HTSUS subheadings               DC 20230; telephone: (202) 482–6478 or                  Initiation Notice. For a summary of the
                                              are provided for convenience and customs                (202) 482–8184, respectively.                           product coverage comments and
                                              purposes, the written description of the                                                                        rebuttal responses submitted to the
                                                                                                      SUPPLEMENTARY INFORMATION:
                                              scope of this investigation is dispositive.
                                                                                                                                                              record for this investigation, and
                                                                                                      Background                                              accompanying discussion and analysis
                                              Appendix II
                                                                                                         This preliminary determination is                    of all comments timely received, see the
                                              List of Topics Discussed in the Preliminary             made in accordance with section 733(b)                  Preliminary Scope Decision
                                              Decision Memorandum                                     of the Tariff Act of 1930, as amended                   Memorandum.6 Commerce is
                                              I. Summary                                              (the Act). Commerce published the                       preliminarily modifying the scope
                                              II. Background                                          notice of initiation of this investigation              language as it appeared in the Initiation
                                              III. Period of Investigation                            on February 20, 2018.1 On June 8, 2018,                 Notice. See the revised scope in
                                              IV. Scope Comments                                      Commerce postponed the preliminary                      Appendix I.
                                              V. Affiliation and Collapsing                           determination of this investigation and
                                                 A. Affiliation                                                                                               Methodology
                                                                                                      the revised deadline is now August 20,
                                                 B. Collapsing                                                                                                  Commerce is conducting this
                                                                                                      2018.2 For a complete description of the
                                              VI. Discussion of the Methodology                                                                               investigation in accordance with section
                                                 A. Determination of the Comparison                   events that followed the initiation of
                                                                                                      this investigation, see the Preliminary                 731 of the Act. Commerce has
                                                    Method
                                                 B. Results of the Differential Pricing               Decision Memorandum.3 A list of topics                  calculated export prices in accordance
                                                    Analysis                                          included in the Preliminary Decision                    with section 772(a) of the Act.
                                              VII. Date of Sale                                       Memorandum is included as Appendix                      Constructed export prices have been
                                              VIII. Product Comparisons                                                                                       calculated in accordance with section
                                              IX. Export Price                                           1 See Large Diameter Welded Pipe from Canada,        772(b) of the Act. Normal value is
                                              X. Normal Value                                         Greece, India, the People’s Republic of China, the      calculated in accordance with section
                                                 A. Home Market Viability                             Republic of Korea, and the Republic of Turkey:          773 of the Act. Furthermore, pursuant to
                                                 B. Level of Trade                                    Initiation of Less-Than-Fair-Value Investigations, 83   section 776(a) and (b) of the Act,
                                                 C. Cost of Production (COP) Analysis                 FR 7154 (February 20, 2018) (Initiation Notice).
                                                                                                         2 See Large Diameter Welded Pipe from Canada,        Commerce has preliminarily relied
                                                 1. Calculation of COP
                                                 2. Test of Comparison Market Sales Prices            Greece, India, the People’s Republic of China, the
                                                                                                                                                                4 See Antidumping Duties; Countervailing Duties,
                                                                                                      Republic of Korea, and the Republic of Turkey:
                                                 3. Results of the COP Test
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                                                                                                      Postponement of Preliminary Determinations in the       Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                 D. Calculation of NV Based on Comparison             Less-Than-Fair-Value Investigations, 83 FR 27953          5 See Initiation Notice.
                                                    Market Prices                                     (June 15, 2018).                                          6 See Memorandum, ‘‘Large Diameter Welded
                                                 E. Calculation of NV Based on Constructed               3 See Memorandum, ‘‘Decision Memorandum for          Pipe from Canada, Greece, India, the People’s
                                                    Value                                             the Preliminary Determination in the Less-Than-         Republic of China, the Republic of Korea, and the
                                              XI. Currency Conversion                                 Fair-Value Investigation of Large Diameter Welded       Republic of Turkey: Scope Comments Decision
                                                                                                      Pipe from the Republic of Korea’’ dated                 Memorandum for the Preliminary Determinations,’’
                                              [FR Doc. 2018–18488 Filed 8–24–18; 8:45 am]             concurrently with, and hereby adopted by, this          dated June 19, 2018 (Preliminary Scope Decision
                                              BILLING CODE 3510–DS–P                                  notice (Preliminary Decision Memorandum).               Memorandum).



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Document Created: 2018-08-25 01:48:45
Document Modified: 2018-08-25 01:48:45
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.
ContactSusan S. Pulongbarit or Annathea Cook, 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) 482-4031or (202) 482- 0250, respectively.
FR Citation83 FR 43649 

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