83_FR_43819 83 FR 43653 - Large Diameter Welded Pipe From India: Preliminary Determination of Sales at Less Than Fair Value

83 FR 43653 - Large Diameter Welded Pipe From India: Preliminary Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range43653-43656
FR Document2018-18485

The Department of Commerce (Commerce) preliminarily determines that large diameter welded pipe (welded pipe) from India 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 43653-43656]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18485]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-881]


Large Diameter Welded Pipe From India: Preliminary Determination 
of Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that large diameter welded pipe (welded

[[Page 43654]]

pipe) from India 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: Jaron Moore or Kate Johnson, 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) 482-3640 or (202) 
482-4929, 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 India'' 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 
India. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this investigation, 
and accompanying discussion and analysis of all comments timely 
received, see the Preliminary Scope Decision Memorandum.\6\ Commerce is 
preliminarily modifying the scope language as it appeared in the 
Initiation Notice. See the revised scope in Appendix I to this notice.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
    \6\ See Memorandum, ``Large Diameter Welded Pipe from Canada, 
Greece, India, the People's Republic of China, the Republic of 
Korea, and the Republic of Turkey: Scope Comments Decision 
Memorandum for the Preliminary Determinations,'' dated June 19, 2018 
(Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Furthermore, pursuant to section 776(a) and (b) 
of the Act, we preliminarily have relied upon facts otherwise 
available, with adverse inferences (adverse facts available or AFA), 
for Bhushan Steel (Bhushan) and Welspun Trading Limited (Welspun), the 
respondents selected for individual examination, for their failure to 
cooperate in this investigation. As AFA, we have preliminarily assigned 
the only margin alleged in the Petition of 50.55 percent.\7\ For a full 
description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \7\ See Petitioners' Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties: Large Diameter Welded Pipe 
from Canada, Greece, India, the People's Republic of China, the 
Republic of Korea, and the Republic of Turkey,'' dated January 17, 
2018 (the Petition), Volume IV, at 18.
---------------------------------------------------------------------------

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.
    In cases where no weighted-average dumping margins other than zero, 
de minimis, or those determined entirely under section 776 of the Act 
have been established for individually examined entities, in accordance 
with section 735(c)(5)(B) of the Act, Commerce may use ``any reasonable 
method to establish the estimated all-others rate for exporters and 
producers not individually investigated, including averaging the 
estimated weighted-average dumping margins determined for the exporters 
and producers individually investigated.'' Our recent practice in these 
circumstances is to average the dumping margins alleged in the petition 
and apply the result to ``all-other'' entities not individually 
examined. In this investigation, Commerce has preliminarily determined 
the estimated weighted-average dumping margin for Bhushan and Welspun 
entirely under section 776 of the Act. Therefore, as the ``all-others'' 
rate, we are assigning the sole margin in the Petition, which is 50.55 
percent. For a full description of the methodology underlying 
Commerce's analysis, see the Preliminary Decision Memorandum.

Preliminary Determination

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

[[Page 43655]]



------------------------------------------------------------------------
                                                           Cash deposit
                                             Estimated    rate (adjusted
                                             weighted-      for export
            Exporter/producer                 average        subsidies
                                          dumping margin      offset)
                                             (percent)       (percent)
------------------------------------------------------------------------
Bhushan Steel...........................           50.55           16.85
Welspun Trading Limited.................           50.55           16.85
All-Others..............................           50.55           16.85
------------------------------------------------------------------------

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, adjusted for 
export subsidies, as follows: (1) The cash deposit rate for the 
respondents listed above will be equal to the company-specific 
estimated weighted-average dumping margins, adjusted for export 
subsidies, as 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, adjusted for export 
subsidies, as established for that producer of the subject merchandise 
and (3) the cash deposit rate for all other producers or exporters will 
be equal to the all-others estimated weighted-average dumping margin, 
adjusted for export subsidies.
    Commerce normally adjusts the estimated weighted-average dumping 
margin by the amount of export subsidies countervailed in a companion 
countervailing duty (CVD) proceeding, when CVD provisional measures are 
in effect. Accordingly, where Commerce preliminarily made an 
affirmative determination for countervailable export subsidies,\8\ 
Commerce has offset the estimated weighted-average dumping margin by 
the appropriate CVD rate. Any such adjusted rates may be found in the 
Preliminary Determination section above.
---------------------------------------------------------------------------

    \8\ See the Preliminary Decision Memorandum for further 
discussion.
---------------------------------------------------------------------------

    Should provisional measures in the companion CVD investigation 
expire prior to the expiration of provisional measures in this LTFV 
investigation, Commerce will direct CBP to begin collecting estimated 
antidumping cash deposits unadjusted for countervailed export subsidies 
at the time the CVD provisional measures expire. These suspension of 
liquidation instructions will remain in effect until further notice.

Disclosure

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

Verification

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

Public Comment

    Case briefs or other written comments regarding non-scope issues 
may be submitted to the Assistant Secretary for Enforcement and 
Compliance no later than 30 days after the date of publication of the 
preliminary determination. 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 on any issues 
raised in this proceeding 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).
---------------------------------------------------------------------------

    Additionally, case briefs regarding scope issues may be submitted 
within 10 days after the date of publication 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.

International Trade Commission Notification

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

Final Determination

    Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that 
Commerce will issue the final

[[Page 43656]]

determination within 75 days after the date of its preliminary 
determination. Accordingly, Commerce will make its final determination 
no later than 75 days after the signature date of this preliminary 
determination.

Notification to Interested Parties

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

    Dated: August 20, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is welded carbon 
and alloy steel pipe (including stainless steel pipe), more than 
406.4 mm (16 inches) in nominal outside diameter (large diameter 
welded pipe), regardless of wall thickness, length, surface finish, 
grade, end finish, or stenciling. Large diameter welded pipe may be 
used to transport oil, gas, slurry, steam, or other fluids, liquids, 
or gases. It may also be used for structural purposes, including, 
but not limited to, piling. Specifically, not included is large 
diameter welded pipe produced only to specifications of the American 
Water Works Association (AWWA) for water and sewage pipe.
    Large diameter welded pipe used to transport oil, gas, or 
natural gas liquids is normally produced to the American Petroleum 
Institute (API) specification 5L. Large diameter welded pipe may 
also be produced to American Society for Testing 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. Application of Facts Available and Use of Adverse Inference
    A. Application of Facts Available
    B. Application of Facts Available With an Adverse Inference
    C. Preliminary Estimated Weighted-Average Dumping Margin Based 
on Adverse Facts Available
    D. Corroboration of Secondary Information
VI. All-Others Rate
VII. Adjustments to Cash Deposit Rates for Export Subsidies
VIII. Conclusion

[FR Doc. 2018-18485 Filed 8-24-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                           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


                                         VerDate Sep<11>2014   17:51 Aug 24, 2018   Jkt 244001   PO 00000   Frm 00020   Fmt 4703   Sfmt 4703   E:\FR\FM\27AUN1.SGM   27AUN1


                                              43654                        Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices

                                              pipe) from India is being, or is likely to              building. In addition, a complete                     methodology underlying the
                                              be, sold in the United States at less than              version of the Preliminary Decision                   preliminary determination, see the
                                              fair value (LTFV). The period of                        Memorandum can be accessed directly                   Preliminary Decision Memorandum.
                                              investigation (POI) is January 1, 2017,                 at http://enforcement.trade.gov/frn/.
                                              through December 31, 2017. Interested                   The signed and electronic versions of                 All-Others Rate
                                              parties are invited to comment on this                  the Preliminary Decision Memorandum                      Sections 733(d)(1)(ii) and 735(c)(5)(A)
                                              preliminary determination.                              are identical in content.                             of the Act provide that in the
                                              DATES: Applicable August 27, 2018.                      Scope of the Investigation                            preliminary determination Commerce
                                              FOR FURTHER INFORMATION CONTACT:                                                                              shall determine an estimated all-others
                                              Jaron Moore or Kate Johnson, AD/CVD                       The product covered by this
                                                                                                      investigation is welded pipe from India.              rate for all exporters and producers not
                                              Operations, Office VIII, Enforcement                                                                          individually examined. This rate shall
                                              and Compliance, International Trade                     For a complete description of the scope
                                                                                                      of this investigation, see Appendix I.                be an amount equal to the weighted
                                              Administration, U.S. Department of                                                                            average of the estimated weighted-
                                              Commerce, 1401 Constitution Avenue                      Scope Comments                                        average dumping margins established
                                              NW, Washington, DC 20230; telephone:                      In accordance with the preamble to                  for exporters and producers
                                              (202) 482–3640 or (202) 482–4929,                       Commerce’s regulations,4 the Initiation               individually investigated, excluding any
                                              respectively.                                           Notice set aside a period of time for                 zero and de minimis margins, and any
                                              SUPPLEMENTARY INFORMATION:                              parties to raise issues regarding product             margins determined entirely under
                                              Background                                              coverage (i.e., scope).5 Certain interested           section 776 of the Act.
                                                                                                      parties commented on the scope of the                    In cases where no weighted-average
                                                 This preliminary determination is                    investigation as it appeared in the
                                              made in accordance with section 733(b)                                                                        dumping margins other than zero, de
                                                                                                      Initiation Notice. For a summary of the               minimis, or those determined entirely
                                              of the Tariff Act of 1930, as amended                   product coverage comments and
                                              (the Act). Commerce published the                                                                             under section 776 of the Act have been
                                                                                                      rebuttal responses submitted to the
                                              notice of initiation of this investigation                                                                    established for individually examined
                                                                                                      record for this investigation, and
                                              on February 20, 2018.1 On June 8, 2018,                                                                       entities, in accordance with section
                                                                                                      accompanying discussion and analysis
                                              Commerce postponed the preliminary                                                                            735(c)(5)(B) of the Act, Commerce may
                                                                                                      of all comments timely received, see the
                                              determination of this investigation; the                                                                      use ‘‘any reasonable method to establish
                                                                                                      Preliminary Scope Decision
                                              revised deadline is now August 20,                      Memorandum.6 Commerce is                              the estimated all-others rate for
                                              2018.2 For a complete description of the                preliminarily modifying the scope                     exporters and producers not
                                              events that followed the initiation of                  language as it appeared in the Initiation             individually investigated, including
                                              this investigation, see the Preliminary                 Notice. See the revised scope in                      averaging the estimated weighted-
                                              Decision Memorandum.3 A list of topics                  Appendix I to this notice.                            average dumping margins determined
                                              included in the Preliminary Decision                                                                          for the exporters and producers
                                              Memorandum is included as Appendix                      Methodology                                           individually investigated.’’ Our recent
                                              II to this notice. The Preliminary                        Commerce is conducting this                         practice in these circumstances is to
                                              Decision Memorandum is a public                         investigation in accordance with section              average the dumping margins alleged in
                                              document and is on file electronically                  731 of the Act. Furthermore, pursuant to              the petition and apply the result to ‘‘all-
                                              via Enforcement and Compliance’s                        section 776(a) and (b) of the Act, we                 other’’ entities not individually
                                              Antidumping and Countervailing Duty                     preliminarily have relied upon facts                  examined. In this investigation,
                                              Centralized Electronic Service System                   otherwise available, with adverse                     Commerce has preliminarily determined
                                              (ACCESS). ACCESS is available to                        inferences (adverse facts available or                the estimated weighted-average
                                              registered users at https://                            AFA), for Bhushan Steel (Bhushan) and                 dumping margin for Bhushan and
                                              access.trade.gov, and to all parties in the             Welspun Trading Limited (Welspun),                    Welspun entirely under section 776 of
                                              Central Records Unit, Room B8024 of                     the respondents selected for individual               the Act. Therefore, as the ‘‘all-others’’
                                              the main Department of Commerce                         examination, for their failure to                     rate, we are assigning the sole margin in
                                                                                                      cooperate in this investigation. As AFA,              the Petition, which is 50.55 percent. For
                                                 1 See Large Diameter Welded Pipe from Canada,
                                                                                                      we have preliminarily assigned the only               a full description of the methodology
                                              Greece, India, the People’s Republic of China, the      margin alleged in the Petition of 50.55
                                              Republic of Korea, and the Republic of Turkey:
                                                                                                                                                            underlying Commerce’s analysis, see the
                                              Initiation of Less-Than-Fair-Value Investigations, 83   percent.7 For a full description of the               Preliminary Decision Memorandum.
                                              FR 7154 (February 20, 2018) (Initiation Notice).
                                                 2 See Large Diameter Welded Pipe from Canada,          4 See Antidumping Duties; Countervailing Duties,    Preliminary Determination
                                              Greece, India, the People’s Republic of China, the      Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                              Republic of Korea, and the Republic of Turkey:            5 See Initiation Notice.                              Commerce preliminarily determines
                                              Postponement of Preliminary Determinations in the         6 See Memorandum, ‘‘Large Diameter Welded           that the following estimated weighted-
                                              Less-Than-Fair Value Investigations, 83 FR 27953        Pipe from Canada, Greece, India, the People’s         average dumping margins exist:
                                              (June 15, 2018).                                        Republic of China, the Republic of Korea, and the
                                                 3 See Memorandum, ‘‘Decision Memorandum for          Republic of Turkey: Scope Comments Decision
                                              the Preliminary Determination in the Less-Than-         Memorandum for the Preliminary Determinations,’’      Duties: Large Diameter Welded Pipe from Canada,
                                              Fair-Value Investigation of Large Diameter Welded       dated June 19, 2018 (Preliminary Scope Decision       Greece, India, the People’s Republic of China, the
                                              Pipe from India’’ dated concurrently with, and          Memorandum).                                          Republic of Korea, and the Republic of Turkey,’’
                                              hereby adopted by, this notice (Preliminary               7 See Petitioners’ Letter, ‘‘Petitions for the      dated January 17, 2018 (the Petition), Volume IV,
                                              Decision Memorandum).                                   Imposition of Antidumping and Countervailing          at 18.
amozie on DSK3GDR082PROD with NOTICES1




                                         VerDate Sep<11>2014   17:51 Aug 24, 2018   Jkt 244001   PO 00000   Frm 00021   Fmt 4703   Sfmt 4703   E:\FR\FM\27AUN1.SGM   27AUN1


                                                                                      Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices                                                                                   43655

                                                                                                                                                                                                                                           Cash deposit
                                                                                                                                                                                                                             Estimated         rate
                                                                                                                                                                                                                             weighted-      (adjusted
                                                                                                                                                                                                                              average
                                                                                                                      Exporter/producer                                                                                                     for export
                                                                                                                                                                                                                             dumping        subsidies
                                                                                                                                                                                                                              margin          offset)
                                                                                                                                                                                                                             (percent)      (percent)

                                              Bhushan Steel .........................................................................................................................................................              50.55          16.85
                                              Welspun Trading Limited .........................................................................................................................................                    50.55          16.85
                                              All-Others .................................................................................................................................................................         50.55          16.85



                                              Suspension of Liquidation                                                   Commerce will direct CBP to begin                                            summary of the argument; and (3) a
                                                 In accordance with section 733(d)(2)                                     collecting estimated antidumping cash                                        table of authorities.
                                              of the Act, Commerce will direct U.S.                                       deposits unadjusted for countervailed                                           Additionally, case briefs regarding
                                              Customs and Border Protection (CBP) to                                      export subsidies at the time the CVD                                         scope issues may be submitted within
                                              suspend liquidation of entries of subject                                   provisional measures expire. These                                           10 days after the date of publication of
                                              merchandise, as described in Appendix                                       suspension of liquidation instructions                                       this notice in the Federal Register.
                                              I, entered, or withdrawn from                                               will remain in effect until further notice.                                  Rebuttal briefs regarding scope issues,
                                              warehouse, for consumption on or after                                                                                                                   limited to those issues in the scope case
                                                                                                                          Disclosure                                                                   briefs, may be submitted no later than
                                              the date of publication of this notice in
                                              the Federal Register. Further, pursuant                                                                                                                  five days after the deadline date for
                                                                                                                            Normally, Commerce discloses to                                            scope case briefs. All scope case and
                                              to section 733(d)(1)(B) of the Act and 19                                   interested parties the calculations
                                              CFR 351.205(d), Commerce will instruct                                                                                                                   rebuttal briefs must be filed identically
                                                                                                                          performed in connection with a                                               on the records of this investigation and
                                              CBP to require a cash deposit equal to                                      preliminary determination within five
                                              the estimated weighted-average                                                                                                                           the concurrent LTFV and CVD
                                                                                                                          days of its public announcement or, if                                       investigations of welded pipe.
                                              dumping margin, or the estimated all-                                       there is no public announcement,
                                              others rate, adjusted for export                                                                                                                            Pursuant to 19 CFR 351.310(c),
                                                                                                                          within five days of the date of                                              interested parties who wish to request a
                                              subsidies, as follows: (1) The cash                                         publication of this notice of preliminary
                                              deposit rate for the respondents listed                                                                                                                  hearing, limited to issues raised in the
                                                                                                                          determination in the Federal Register,                                       case and rebuttal briefs, must submit a
                                              above will be equal to the company-                                         in accordance with 19 CFR 351.224(b).
                                              specific estimated weighted-average                                                                                                                      written request to the Assistant
                                                                                                                          However, because Commerce                                                    Secretary for Enforcement and
                                              dumping margins, adjusted for export
                                                                                                                          preliminarily applied AFA to the                                             Compliance, U.S. Department of
                                              subsidies, as determined in this
                                                                                                                          mandatory respondents Bhushan and                                            Commerce, within 30 days after the date
                                              preliminary determination; (2) if the
                                                                                                                          Welspun in this investigation, and the                                       of publication of this notice. Requests
                                              exporter is not a respondent identified
                                              above, but the producer is, then the cash                                   applied AFA rate is based solely on the                                      should contain the party’s name,
                                              deposit rate will be equal to the                                           Petition, in accordance with section 776                                     address, and telephone number, the
                                              company-specific estimated weighted-                                        of the Act, there are no calculations to                                     number of participants, whether any
                                              average dumping margin, adjusted for                                        disclose.                                                                    participant is a foreign national, and a
                                              export subsidies, as established for that                                                                                                                list of the issues to be discussed. If a
                                                                                                                          Verification
                                              producer of the subject merchandise                                                                                                                      request for a hearing is made, Commerce
                                              and (3) the cash deposit rate for all other                                   Because none of the mandatory                                              intends to hold the hearing at the U.S.
                                              producers or exporters will be equal to                                     respondents in this investigation                                            Department of Commerce, 1401
                                              the all-others estimated weighted-                                          responded to our requests for                                                Constitution Avenue NW, Washington,
                                              average dumping margin, adjusted for                                        information, verification will not be                                        DC 20230, at a time and date to be
                                              export subsidies.                                                           conducted.                                                                   determined. Parties should confirm the
                                                 Commerce normally adjusts the                                                                                                                         date, time, and location of the hearing
                                              estimated weighted-average dumping                                          Public Comment                                                               two days before the scheduled date.
                                              margin by the amount of export                                                Case briefs or other written comments                                      International Trade Commission
                                              subsidies countervailed in a companion                                                                                                                   Notification
                                                                                                                          regarding non-scope issues may be
                                              countervailing duty (CVD) proceeding,
                                                                                                                          submitted to the Assistant Secretary for                                        In accordance with section 733(f) of
                                              when CVD provisional measures are in
                                                                                                                          Enforcement and Compliance no later                                          the Act, Commerce will notify the
                                              effect. Accordingly, where Commerce
                                                                                                                          than 30 days after the date of                                               International Trade Commission (ITC) of
                                              preliminarily made an affirmative
                                                                                                                          publication of the preliminary                                               its preliminary determination. If the
                                              determination for countervailable export
                                              subsidies,8 Commerce has offset the                                         determination. Rebuttal briefs, limited                                      final determination is affirmative, the
                                              estimated weighted-average dumping                                          to issues raised in case briefs, may be                                      ITC will determine before the later of
                                              margin by the appropriate CVD rate.                                         submitted no later than five days after                                      120 days after the date of this
                                              Any such adjusted rates may be found                                        the deadline date for case briefs.9                                          preliminary determination or 45 days
                                              in the Preliminary Determination                                            Pursuant to 19 CFR 351.309(c)(2) and                                         after the final determination whether
                                                                                                                          (d)(2), parties who submit case briefs or                                    these imports are materially injuring, or
amozie on DSK3GDR082PROD with NOTICES1




                                              section above.
                                                 Should provisional measures in the                                       rebuttal briefs on any issues raised in                                      threaten material injury to, the U.S.
                                              companion CVD investigation expire                                          this proceeding are encouraged to                                            industry.
                                              prior to the expiration of provisional                                      submit with each argument: (1) A
                                                                                                                          statement of the issue; (2) a brief                                          Final Determination
                                              measures in this LTFV investigation,
                                                                                                                                                                                                         Section 735(a)(1) of the Act and 19
                                                8 See the Preliminary Decision Memorandum for                                9 See 19 CFR 351.309; see also 19 CFR 351.303                             CFR 351.210(b)(1) provide that
                                              further discussion.                                                         (for general filing requirements).                                           Commerce will issue the final


                                         VerDate Sep<11>2014         17:51 Aug 24, 2018          Jkt 244001       PO 00000       Frm 00022        Fmt 4703       Sfmt 4703       E:\FR\FM\27AUN1.SGM              27AUN1


                                              43656                        Federal Register / Vol. 83, No. 166 / Monday, August 27, 2018 / Notices

                                              determination within 75 days after the                  7305.31.6090, 7305.39.1000 and                        Centers and Field Offices. NIST MEP
                                              date of its preliminary determination.                  7305.39.5000. While the HTSUS subheadings             has many legislative and contractual
                                              Accordingly, Commerce will make its                     are provided for convenience and customs              requirements for collecting data and
                                              final determination no later than 75                    purposes, the written description of the              information from the MEP Centers. This
                                                                                                      scope of this investigation is dispositive.
                                              days after the signature date of this                                                                         information is used for the following
                                              preliminary determination.                              Appendix II                                           purposes: (1) Program Accountability,
                                                                                                      List of Topics Discussed in the Preliminary
                                                                                                                                                            (2) Reports to Stakeholders, (3)
                                              Notification to Interested Parties
                                                                                                      Decision Memorandum                                   Continuous Improvement; and (4)
                                                This determination is issued and                                                                            Identification of Distinctive Practices.
                                              published in accordance with sections                   I. Summary
                                                                                                      II. Background
                                                                                                                                                              Affected Public: Business or other for-
                                              733(f) and 777(i)(1) of the Act and 19                                                                        profit organizations.
                                                                                                      III. Period of Investigation
                                              CFR 351.205(c).                                         IV. Scope Comments                                      Frequency: Quarterly, Semi-Annual,
                                                Dated: August 20, 2018.                               V. Application of Facts Available and Use of          and Annual Reporting.
                                              Gary Taverman,                                                Adverse Inference                                 Respondent’s Obligation: Required to
                                              Deputy Assistant Secretary for Antidumping                 A. Application of Facts Available                  obtain or retain benefits.
                                              and Countervailing Duty Operations,                        B. Application of Facts Available With an            This information collection request
                                              performing the non-exclusive functions and                    Adverse Inference                               may be viewed at reginfo.gov. Follow
                                              duties of the Assistant Secretary for                      C. Preliminary Estimated Weighted-                 the instructions to view Department of
                                              Enforcement and Compliance.                                   Average Dumping Margin Based on
                                                                                                            Adverse Facts Available
                                                                                                                                                            Commerce collections currently under
                                              Appendix I                                                 D. Corroboration of Secondary Information          review by OMB.
                                                                                                      VI. All-Others Rate                                     Written comments and
                                              Scope of the Investigation                                                                                    recommendations for the proposed
                                                                                                      VII. Adjustments to Cash Deposit Rates for
                                                 The merchandise covered by this                            Export Subsidies                                information collection should be sent
                                              investigation is welded carbon and alloy steel          VIII. Conclusion                                      within 30 days of publication of this
                                              pipe (including stainless steel pipe), more                                                                   notice to OIRA_Submission@
                                              than 406.4 mm (16 inches) in nominal                    [FR Doc. 2018–18485 Filed 8–24–18; 8:45 am]
                                                                                                                                                            omb.eop.gov or fax to (202) 395–5806.
                                              outside diameter (large diameter welded                 BILLING CODE 3510–DS–P
                                              pipe), regardless of wall thickness, length,                                                                  Sheleen Dumas,
                                              surface finish, grade, end finish, or                                                                         Departmental Lead PRA Officer, Office of the
                                              stenciling. Large diameter welded pipe may              DEPARTMENT OF COMMERCE                                Chief Information Officer.
                                              be used to transport oil, gas, slurry, steam, or
                                              other fluids, liquids, or gases. It may also be                                                               [FR Doc. 2018–18513 Filed 8–24–18; 8:45 am]
                                                                                                      Submission for OMB Review;
                                              used for structural purposes, including, but            Comment Request                                       BILLING CODE 3510–13–P
                                              not limited to, piling. Specifically, not
                                              included is large diameter welded pipe                    The Department of Commerce will
                                              produced only to specifications of the                  submit to the Office of Management and                DEPARTMENT OF COMMERCE
                                              American Water Works Association (AWWA)                 Budget (OMB) for clearance the
                                              for water and sewage pipe.                              following proposal for collection of                  National Institute of Standards and
                                                 Large diameter welded pipe used to                                                                         Technology
                                                                                                      information under the provisions of the
                                              transport oil, gas, or natural gas liquids is
                                              normally produced to the American                       Paperwork Reduction Act (44 U.S.C.
                                                                                                      Chapter 35).                                          Announcing Request for Nominations
                                              Petroleum Institute (API) specification 5L.                                                                   for Lightweight Cryptographic
                                              Large diameter welded pipe may also be                    Agency: National Institute of
                                              produced to American Society for Testing                Standards and Technology (NIST).                      Algorithms
                                              and Materials (ASTM) standards A500, A252,                Title: Manufacturing Extension                      AGENCY: National Institute of Standards
                                              or A53, or other relevant domestic                      Partnership Management Information                    and Technology (NIST), Commerce.
                                              specifications, grades and/or standards. Large          Reporting.
                                              diameter welded pipe can be produced to                                                                       ACTION: Notice.
                                                                                                        OMB Control Number: 0693–0032.
                                              comparable foreign specifications, grades                 Form Number(s): None.
                                              and/or standards or to proprietary                                                                            SUMMARY: This notice solicits
                                              specifications, grades and/or standards, or
                                                                                                        Type of Request: Revision and                       nominations from any interested party
                                              can be non-graded material. All pipe meeting            extension of an approved information                  for candidate algorithms to be
                                              the physical description set forth above is             collection.                                           considered for lightweight
                                              covered by the scope of this investigation,               Number of Respondents: 51.                          cryptographic standards. The
                                              whether or not produced according to a                    Average Hours per Response: 20                      submission requirements and the
                                              particular standard.                                    Hours for Quarterly Review, 4 Hours for               minimum acceptability requirements of
                                                 Subject merchandise also includes large              Semi-Annual Review, 30 hours for the
                                              diameter welded pipe that has been further                                                                    a ‘‘complete and proper’’ candidate
                                                                                                      Annual Review; 80 hours for Panel                     algorithm submission, as well as the
                                              processed in a third country, including but
                                                                                                      Review.                                               evaluation criteria that will be used to
                                              not limited to coating, painting, notching,
                                              beveling, cutting, punching, welding, or any              Burden Hours: 5,508 hours for                       appraise the candidate algorithms, can
                                              other processing that would not otherwise               quarterly, semi-annual and annual                     be found on the NIST Computer
                                              remove the merchandise from the scope of                Review; and 1,360 hours for Panel                     Security Resource Center website at:
                                              the investigation if performed in the country           Review.                                               https://csrc.nist.gov/Projects/
                                              of manufacture of the in-scope large diameter             Needs and Uses: NIST MEP offers                     Lightweight-Cryptography.
                                              welded pipe.                                            technical and business solutions to
amozie on DSK3GDR082PROD with NOTICES1




                                                 The large diameter welded pipe that is                                                                     DATES: Proposals must be received on or
                                                                                                      small- and medium-sized manufacturers
                                              subject to this investigation is currently              to improve their productivity, improve                before February 25, 2019. Further
                                              classifiable in the Harmonized Tariff
                                                                                                      profitability, and enhance their                      details are available at https://
                                              Schedule of the United States (HTSUS) under                                                                   csrc.nist.gov/Projects/Lightweight-
                                              subheadings 7305.11.1030, 7305.11.1060,                 economic competitiveness. This is a
                                                                                                      major program which links all 50 states               Cryptography.
                                              7305.11.5000, 7305.12.1030, 7305.12.1060,
                                              7305.12.5000, 7305.19.1030, 7305.19.1060,               and Puerto Rico and the manufacturers                 ADDRESSES: Algorithm submission
                                              7305.19.5000, 7305.31.4000, 7305.31.6010,               through more than 400 affiliated MEP                  packages should be sent to Dr. Kerry


                                         VerDate Sep<11>2014   17:51 Aug 24, 2018   Jkt 244001   PO 00000   Frm 00023   Fmt 4703   Sfmt 4703   E:\FR\FM\27AUN1.SGM   27AUN1



Document Created: 2018-08-25 01:49:43
Document Modified: 2018-08-25 01:49:43
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.
ContactJaron Moore or Kate Johnson, 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) 482-3640 or (202) 482-4929, respectively.
FR Citation83 FR 43653 

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