83_FR_43817 83 FR 43651 - Large Diameter Welded Pipe From the Republic of Korea: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination

83 FR 43651 - Large Diameter Welded Pipe From the Republic of Korea: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range43651-43653
FR Document2018-18486

The Department of Commerce (Commerce) preliminarily determines that large diameter welded pipe (welded pipe) from the Republic of Korea (Korea) 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 43651-43653]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18486]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-897]


Large Diameter Welded Pipe From the Republic of Korea: 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination

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 Republic of 
Korea (Korea) 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: Sergio Balbontin, or Jesus Saenz, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-6478 or (202) 
482-8184, 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 and 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 the Republic of Korea'' 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 
Korea. For a complete description of the scope of this investigation, 
see Appendix I to this notice.

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.
---------------------------------------------------------------------------

    \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. Constructed export prices 
have been calculated in accordance with section 772(b) of the Act. 
Normal value is calculated in accordance with section 773 of the Act. 
Furthermore, pursuant to section 776(a) and (b) of the Act, Commerce 
has preliminarily relied

[[Page 43652]]

upon facts otherwise available, with adverse inferences, for Samkang 
M&T Co., Ltd (SKMT) for its failure to cooperate in this investigation. 
For a full description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(A)(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. In this investigation, Commerce calculated 
estimated weighted-average dumping margins for SeAH Steel Corporation 
(SeAH) and Hyundai RB Co., Ltd. (Hyundai RB) that are not zero, de 
minimis, or based entirely on facts otherwise available. Commerce 
calculated the all-others' rate as the weighted-average of these 
margins, using the respondents' publicly-ranged sales data.\7\
---------------------------------------------------------------------------

    \7\ With two respondents under examination, Commerce normally 
calculates (A) a weighted-average of the estimated weighted-average 
dumping margins calculated for the examined respondents; (B) a 
simple average of the estimated weighted-average dumping margins 
calculated for the examined respondents; and (C) a weighted-average 
of the estimated weighted-average dumping margins calculated for the 
examined respondents using each company's publicly-ranged U.S. sales 
values for the merchandise under consideration. Commerce then 
compares (B) and (C) to (A) and selects the rate closest to (A) as 
the most appropriate rate for all other producers and exporters. See 
Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, 
and the United Kingdom: Final Results of Antidumping Duty 
Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010). As a result of this comparison, Commerce based 
the all-others rate on the weighted-average of the preliminary 
dumping margins calculated for the examined respondents using the 
publicly-ranged sales data. For a complete analysis of the data, see 
the All-Others' Rate Calculation Memorandum, dated August 20, 2018.
---------------------------------------------------------------------------

Preliminary Determination

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

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                    Exporter/producer                         average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Hyundai RB Co., Ltd.....................................           14.97
SeAH Steel Corporation..................................           22.21
Samkang M&T Co., Ltd....................................           22.21
All-Others..............................................           20.13
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of entries of subject merchandise, as described in 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 the respondents listed above 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, 
then the cash deposit rate will be equal to the company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin.
    Commerce normally adjusts cash deposits for estimated antidumping 
duties by the amount of export subsidies countervailed in a companion 
countervailing duty (CVD) proceeding, when CVD provisional measures are 
in effect. Accordingly, in cases where Commerce preliminarily makes an 
affirmative determination for countervailable export subsidies, 
Commerce offsets the estimated weighted-average dumping margin by the 
appropriate CVD rate. However, we made no adjustment to the weighted-
average dumping margin for cash deposit purposes in this case because 
we found no measurable export subsidies in the companion CVD 
proceeding.

Disclosure

    Commerce intends to disclose its calculations and analysis 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. Rebuttal briefs, 
limited to issues raised in case briefs, may be submitted no later than 
five days after the deadline date for case briefs.\8\ 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.
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309(d)(1) and (2); 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 LTFV 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.

[[Page 43653]]

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. The final determination 
may be postponed if, in the event of an affirmative preliminary 
determination, exporters, who account for a significant proportion of 
exports of subject merchandise, request a postponement, or, in the 
event of a negative preliminary determination, petitioners request a 
postponement. 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 from 
a four-month period to a period not more than six months in duration.
    On August 1 and 3, 2015, pursuant to 19 CFR 351.210(e), Hyundai RB 
and SeAH, respectively, requested that Commerce postpone the final 
determination and that provisional measures be extended to a period not 
to exceed six months.\9\ 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 exporters account 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 from 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 date of publication of this preliminary determination.
---------------------------------------------------------------------------

    \9\ See Hyundai RB's Letter, ``Large Diameter Welded Pipe from 
the Republic of Korea: Request to Extend the Deadline for the Final 
Determination,'' dated August 1, 2018; and SeAH's Letter, 
``Antidumping Duty Investigation of Large Diameter Welded Pipe from 
Korea--Request for Extension of Final Determination,'' dated August 
3, 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.
    Large diameter welded pipe used to transport oil, gas, or 
natural gas liquids is normally produced to the American Petroleum 
Institute (API) specification 5L. Large diameter welded pipe may 
also be produced to American Society for Testing and Materials 
(ASTM) standards A500, A252, or A53, or other relevant domestic 
specifications, grades and/or standards. Large diameter welded pipe 
can be produced to comparable foreign specifications, grades and/or 
standards or to proprietary specifications, grades and/or standards, 
or can be non-graded material. All pipe meeting the physical 
description set forth above is covered by the scope of this 
investigation, whether or not produced according to a particular 
standard.
    Subject merchandise also includes large diameter welded pipe 
that has been further processed in a third country, including but 
not limited to coating, painting, notching, beveling, cutting, 
punching, welding, or any other processing that would not otherwise 
remove the merchandise from the scope of the investigation if 
performed in the country of manufacture of the in-scope large 
diameter welded pipe.
    Excluded from the scope are any products covered by the existing 
antidumping duty order on welded line pipe from the Republic of 
Korea. See Welded Line Pipe from the Republic of Korea and the 
Republic of Turkey: Antidumping Duty Orders, 80 FR 75056 (December 
1, 2015). Also excluded from the scope are any products covered by 
the existing antidumping order on welded ASTM A-312 stainless steel 
pipe from Korea. See Welded ASTM A-312 Stainless Steel Pipe from 
South Korea: Antidumping Duty Order, 57 FR 62300 (December 30, 
1992).
    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. Application of Facts Available and Use of Adverse Inferences
    A. Application of Facts Available
    B. Use of Adverse Inference
    C. Preliminary Estimated Weighted-Average Dumping Margins Based 
on AFA
    D. Selection and Corroboration of the AFA Rate
VI. Discussion of the Methodology
    A. Comparisons to Fair Value
    B. Determination of Comparison Method
    C. Results of the Differential Pricing Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price and Constructed Export Price
X. Normal Value
    A. Particular Market Situation
    1. Petitioners' Allegation
    2. Analysis
    B. Home Market Viability and Selection of Comparison Market
    C. Affiliated-Party Transactions and Arm's-Length Test
    D. Affiliation
    E. Level of Trade
    F. Cost of Production Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    G. Calculation of NV Based on Comparison Market Prices
XI. Currency Conversion
XII. Conclusion

[FR Doc. 2018-18486 Filed 8-24-18; 8:45 am]
BILLING CODE 3510-DS-P



                                                                           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
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                      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).



                                         VerDate Sep<11>2014   17:51 Aug 24, 2018   Jkt 244001   PO 00000   Frm 00018   Fmt 4703   Sfmt 4703   E:\FR\FM\27AUN1.SGM    27AUN1


                                              43652                        Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices

                                              upon facts otherwise available, with                                                                  Estimated     public announcement, within five days
                                              adverse inferences, for Samkang M&T                                                                   weighted-     of the date of publication of this notice
                                              Co., Ltd (SKMT) for its failure to                                                                     average      in accordance with 19 CFR 351.224(b).
                                                                                                              Exporter/producer                     dumping
                                              cooperate in this investigation. For a full                                                            margin       Verification
                                              description of the methodology                                                                        (percent)
                                              underlying the preliminary                                                                                             As provided in section 782(i)(1) of the
                                              determination, see the Preliminary                      Hyundai RB Co., Ltd ............                    14.97
                                                                                                      SeAH Steel Corporation .......                      22.21   Act, Commerce intends to verify the
                                              Decision Memorandum.                                    Samkang M&T Co., Ltd ........                       22.21   information relied upon in making its
                                              All-Others Rate                                         All-Others ..............................           20.13   final determination.
                                                                                                                                                                  Public Comment
                                                 Sections 733(d)(1)(A)(ii) and                        Suspension of Liquidation
                                              735(c)(5)(A) of the Act provide that in                    In accordance with section 733(d)(2)                        Case briefs or other written comments
                                              the preliminary determination                           of the Act, Commerce will direct U.S.                       regarding non-scope issues may be
                                              Commerce shall determine an estimated                   Customs and Border Protection (CBP) to                      submitted to the Assistant Secretary for
                                              all-others rate for all exporters and                   suspend liquidation of entries of subject                   Enforcement and Compliance no later
                                              producers not individually examined.                    merchandise, as described in Appendix                       than seven days after the date on which
                                              This rate shall be an amount equal to                   I, entered, or withdrawn from                               the last verification report is issued in
                                              the weighted average of the estimated                   warehouse, for consumption on or after                      this investigation. Rebuttal briefs,
                                              weighted-average dumping margins                        the date of publication of this notice in                   limited to issues raised in case briefs,
                                              established for exporters and producers                 the Federal Register. Further, pursuant                     may be submitted no later than five days
                                              individually investigated, excluding any                to section 733(d)(1)(B) of the Act and 19                   after the deadline date for case briefs.8
                                              zero and de minimis margins, and any                    CFR 351.205(d), Commerce will instruct                      Pursuant to 19 CFR 351.309(c)(2) and
                                              margins determined entirely under                       CBP to require a cash deposit equal to
                                                                                                                                                                  (d)(2), parties who submit case briefs or
                                              section 776 of the Act. In this                         the estimated weighted-average
                                                                                                                                                                  rebuttal briefs in this investigation are
                                              investigation, Commerce calculated                      dumping margin or the estimated all-
                                                                                                      others rate, as follows: (1) The cash                       encouraged to submit with each
                                              estimated weighted-average dumping                                                                                  argument: (1) A statement of the issue;
                                                                                                      deposit rate for the respondents listed
                                              margins for SeAH Steel Corporation                                                                                  (2) a brief summary of the argument;
                                                                                                      above will be equal to the company-
                                              (SeAH) and Hyundai RB Co., Ltd.                                                                                     and (3) a table of authorities.
                                                                                                      specific estimated weighted-average
                                              (Hyundai RB) that are not zero, de                      dumping margins determined in this                             Additionally, case briefs regarding
                                              minimis, or based entirely on facts                     preliminary determination; (2) if the                       scope issues may be submitted within
                                              otherwise available. Commerce                           exporter is not a respondent identified                     10 days after the date of this notice in
                                              calculated the all-others’ rate as the                  above, but the producer is, then the cash                   the Federal Register. Rebuttal briefs
                                              weighted-average of these margins,                      deposit rate will be equal to the                           regarding scope issues, limited to those
                                              using the respondents’ publicly-ranged                  company-specific estimated weighted-                        issues in the scope case briefs, may be
                                              sales data.7                                            average dumping margin established for                      submitted no later than five days after
                                                                                                      that producer of the subject                                the deadline date for scope case briefs.
                                              Preliminary Determination
                                                                                                      merchandise; and (3) the cash deposit                       All scope case and rebuttal briefs must
                                                Commerce preliminarily determines                     rate for all other producers and
                                                                                                                                                                  be filed identically on the records of this
                                              that the following estimated weighted-                  exporters will be equal to the all-others
                                                                                                      estimated weighted-average dumping                          investigation and the concurrent LTFV
                                              average dumping margins exist:                                                                                      and CVD investigations of welded pipe.
                                                                                                      margin.
                                                                                                         Commerce normally adjusts cash                              Pursuant to 19 CFR 351.310(c),
                                                                                                      deposits for estimated antidumping                          interested parties who wish to request a
                                                                                                      duties by the amount of export subsidies                    hearing, limited to issues raised in the
                                                7 With two respondents under examination,
                                                                                                      countervailed in a companion                                case and rebuttal briefs, must submit a
                                              Commerce normally calculates (A) a weighted-
                                                                                                      countervailing duty (CVD) proceeding,                       written request to the Assistant
                                              average of the estimated weighted-average dumping
                                              margins calculated for the examined respondents;
                                                                                                      when CVD provisional measures are in                        Secretary for Enforcement and
                                              (B) a simple average of the estimated weighted-         effect. Accordingly, in cases where                         Compliance, U.S. Department of
                                              average dumping margins calculated for the              Commerce preliminarily makes an                             Commerce, within 30 days after the date
                                              examined respondents; and (C) a weighted-average        affirmative determination for                               of publication of this notice. Requests
                                              of the estimated weighted-average dumping margins       countervailable export subsidies,
                                              calculated for the examined respondents using each                                                                  should contain the party’s name,
                                                                                                      Commerce offsets the estimated
                                              company’s publicly-ranged U.S. sales values for the                                                                 address, and telephone number, the
                                                                                                      weighted-average dumping margin by
                                              merchandise under consideration. Commerce then
                                                                                                      the appropriate CVD rate. However, we                       number of participants, whether any
                                              compares (B) and (C) to (A) and selects the rate
                                                                                                      made no adjustment to the weighted-                         participant is a foreign national, and a
                                              closest to (A) as the most appropriate rate for all                                                                 list of the issues to be discussed. If a
                                              other producers and exporters. See Ball Bearings        average dumping margin for cash
                                              and Parts Thereof from France, Germany, Italy,          deposit purposes in this case because                       request for a hearing is made, Commerce
                                              Japan, and the United Kingdom: Final Results of         we found no measurable export                               intends to hold the hearing at the U.S.
                                              Antidumping Duty Administrative Reviews, Final          subsidies in the companion CVD                              Department of Commerce, 1401
                                              Results of Changed-Circumstances Review, and            proceeding.                                                 Constitution Avenue NW, Washington,
amozie on DSK3GDR082PROD with NOTICES1




                                              Revocation of an Order in Part, 75 FR 53661, 53663                                                                  DC 20230, at a time and date to be
                                              (September 1, 2010). As a result of this comparison,    Disclosure                                                  determined. Parties should confirm the
                                              Commerce based the all-others rate on the
                                                                                                        Commerce intends to disclose its                          date, time, and location of the hearing
                                              weighted-average of the preliminary dumping
                                              margins calculated for the examined respondents
                                                                                                      calculations and analysis to interested                     two days before the scheduled date.
                                              using the publicly-ranged sales data. For a complete    parties in this preliminary
                                              analysis of the data, see the All-Others’ Rate          determination within five days of its                         8 See 19 CFR 351.309(d)(1) and (2); see also 19

                                              Calculation Memorandum, dated August 20, 2018.          public announcement or, if there is no                      CFR 351.303 (for general filing requirements).



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                                                                           Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices                                                  43653

                                              Postponement of Final Determination                     Notification to Interested Parties                    classifiable in the Harmonized Tariff
                                              and Extension of Provisional Measures                                                                         Schedule of the United States (HTSUS) under
                                                                                                        This determination is issued and                    subheadings 7305.11.1030, 7305.11.1060,
                                                 Section 735(a)(2) of the Act provides                published in accordance with sections                 7305.11.5000, 7305.12.1030, 7305.12.1060,
                                              that a final determination may be                       733(f) and 777(i)(1) of the Act and 19                7305.12.5000, 7305.19.1030, 7305.19.1060,
                                              postponed until not later than 135 days                 CFR 351.205(c).                                       7305.19.5000, 7305.31.4000, 7305.31.6010,
                                              after the date of the publication of the                                                                      7305.31.6090, 7305.39.1000 and
                                                                                                        Dated: August 20, 2018.
                                              preliminary determination. The final                                                                          7305.39.5000. While the HTSUS subheadings
                                                                                                      Gary Taverman,                                        are provided for convenience and customs
                                              determination may be postponed if, in
                                                                                                      Deputy Assistant Secretary for Antidumping            purposes, the written description of the
                                              the event of an affirmative preliminary                 and Countervailing Duty Operations,                   scope of this investigation is dispositive.
                                              determination, exporters, who account                   performing the non-exclusive functions and
                                              for a significant proportion of exports of              duties of the Assistant Secretary for                 Appendix II
                                              subject merchandise, request a                          Enforcement and Compliance.                           List of Topics Discussed in the Preliminary
                                              postponement, or, in the event of a                                                                           Decision Memorandum
                                              negative preliminary determination,                     Appendix I
                                                                                                                                                            I. Summary
                                              petitioners request a postponement.                     Scope of the Investigation                            II. Background
                                              Section 351.210(e)(2) of Commerce’s                        The merchandise covered by this                    III. Period of Investigation
                                              regulations requires that a request by                  investigation is welded carbon and alloy steel        IV. Scope Comments
                                              exporters for postponement of the final                 pipe (including stainless steel pipe), more           V. Application of Facts Available and Use of
                                              determination be accompanied by a                       than 406.4 mm (16 inches) in nominal                        Adverse Inferences
                                              request for extension of provisional                    outside diameter (large diameter welded                  A. Application of Facts Available
                                              measures from a four-month period to a                  pipe), regardless of wall thickness, length,             B. Use of Adverse Inference
                                              period not more than six months in                      surface finish, grade, end finish, or                    C. Preliminary Estimated Weighted-
                                                                                                      stenciling. Large diameter welded pipe may                  Average Dumping Margins Based on
                                              duration.
                                                                                                      be used to transport oil, gas, slurry, steam, or            AFA
                                                 On August 1 and 3, 2015, pursuant to                 other fluids, liquids, or gases. It may also be          D. Selection and Corroboration of the AFA
                                              19 CFR 351.210(e), Hyundai RB and                       used for structural purposes, including, but                Rate
                                              SeAH, respectively, requested that                      not limited to, piling. Specifically, not             VI. Discussion of the Methodology
                                              Commerce postpone the final                             included is large diameter welded pipe                   A. Comparisons to Fair Value
                                              determination and that provisional                      produced only to specifications of the                   B. Determination of Comparison Method
                                              measures be extended to a period not to                 American Water Works Association (AWWA)                  C. Results of the Differential Pricing
                                              exceed six months.9 In accordance with                  for water and sewage pipe.                                  Analysis
                                              section 735(a)(2)(A) of the Act and 19                     Large diameter welded pipe used to                 VII. Date of Sale
                                              CFR 351.210(b)(2)(ii), because: (1) The                 transport oil, gas, or natural gas liquids is         VIII. Product Comparisons
                                                                                                      normally produced to the American                     IX. Export Price and Constructed Export
                                              preliminary determination is                            Petroleum Institute (API) specification 5L.                 Price
                                              affirmative; (2) the requesting exporters               Large diameter welded pipe may also be                X. Normal Value
                                              account for a significant proportion of                 produced to American Society for Testing                 A. Particular Market Situation
                                              exports of the subject merchandise; and                 and Materials (ASTM) standards A500, A252,               1. Petitioners’ Allegation
                                              (3) no compelling reasons for denial                    or A53, or other relevant domestic                       2. Analysis
                                              exist, Commerce is postponing the final                 specifications, grades and/or standards. Large           B. Home Market Viability and Selection of
                                              determination and extending the                         diameter welded pipe can be produced to                     Comparison Market
                                              provisional measures from a four-month                  comparable foreign specifications, grades                C. Affiliated-Party Transactions and Arm’s-
                                              period to a period not greater than six                 and/or standards or to proprietary                          Length Test
                                                                                                      specifications, grades and/or standards, or              D. Affiliation
                                              months. Accordingly, Commerce will                      can be non-graded material. All pipe meeting             E. Level of Trade
                                              make its final determination no later                   the physical description set forth above is              F. Cost of Production Analysis
                                              than 135 days after the date of                         covered by the scope of this investigation,              1. Calculation of COP
                                              publication of this preliminary                         whether or not produced according to a                   2. Test of Comparison Market Sales Prices
                                              determination.                                          particular standard.                                     3. Results of the COP Test
                                                                                                         Subject merchandise also includes large               G. Calculation of NV Based on Comparison
                                              International Trade Commission                          diameter welded pipe that has been further                  Market Prices
                                              Notification                                            processed in a third country, including but           XI. Currency Conversion
                                                 In accordance with section 733(f) of                 not limited to coating, painting, notching,           XII. Conclusion
                                              the Act, Commerce will notify the                       beveling, cutting, punching, welding, or any          [FR Doc. 2018–18486 Filed 8–24–18; 8:45 am]
                                                                                                      other processing that would not otherwise
                                              International Trade Commission (ITC) of                 remove the merchandise from the scope of              BILLING CODE 3510–DS–P
                                              its preliminary determination. If the                   the investigation if performed in the country
                                              final determination is affirmative, the                 of manufacture of the in-scope large diameter
                                              ITC will determine before the later of                  welded pipe.                                          DEPARTMENT OF COMMERCE
                                              120 days after the date of this                            Excluded from the scope are any products
                                              preliminary determination or 45 days                    covered by the existing antidumping duty              International Trade Administration
                                              after the final determination whether                   order on welded line pipe from the Republic           [A–533–881]
                                              these imports are materially injuring, or               of Korea. See Welded Line Pipe from the
                                                                                                      Republic of Korea and the Republic of                 Large Diameter Welded Pipe From
                                              threaten material injury to, the U.S.
                                                                                                      Turkey: Antidumping Duty Orders, 80 FR
                                              industry.                                               75056 (December 1, 2015). Also excluded
                                                                                                                                                            India: Preliminary Determination of
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                      from the scope are any products covered by            Sales at Less Than Fair Value
                                                9 See Hyundai RB’s Letter, ‘‘Large Diameter
                                                                                                      the existing antidumping order on welded              AGENCY:   Enforcement and Compliance,
                                              Welded Pipe from the Republic of Korea: Request         ASTM A–312 stainless steel pipe from Korea.
                                              to Extend the Deadline for the Final                                                                          International Trade Administration,
                                                                                                      See Welded ASTM A–312 Stainless Steel
                                              Determination,’’ dated August 1, 2018; and SeAH’s
                                                                                                      Pipe from South Korea: Antidumping Duty
                                                                                                                                                            Department of Commerce.
                                              Letter, ‘‘Antidumping Duty Investigation of Large
                                                                                                      Order, 57 FR 62300 (December 30, 1992).               SUMMARY: The Department of Commerce
                                              Diameter Welded Pipe from Korea—Request for
                                              Extension of Final Determination,’’ dated August 3,        The large diameter welded pipe that is             (Commerce) preliminarily determines
                                              2018.                                                   subject to this investigation is currently            that large diameter welded pipe (welded


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Document Created: 2018-08-25 01:48:47
Document Modified: 2018-08-25 01:48:47
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.
ContactSergio Balbontin, or Jesus Saenz, AD/ CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6478 or (202) 482-8184, respectively.
FR Citation83 FR 43651 

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