83 FR 56804 - Countervailing Duty Investigation of Large Diameter Welded Pipe From the People's Republic of China: Final Affirmative Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 220 (November 14, 2018)
International Trade Administration
Federal Register Volume 83, Issue 220 (November 14, 2018)
| Page Range | 56804-56805 | |
| FR Document | 2018-24805 |
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)] [Notices] [Pages 56804-56805] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24805] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-078] Countervailing Duty Investigation of Large Diameter Welded Pipe From the People's Republic of China: Final Affirmative Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers/exporters of large diameter welded pipe from the People's Republic of China (China). DATES: Applicable November 14, 2018. FOR FURTHER INFORMATION CONTACT: Justin Neuman at (202) 482-0486 or Benito Ballesteros at (202) 482-7425, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On June 29, 2018, Commerce published in the Federal Register the Preliminary Determination of this countervailing duty (CVD) investigation and invited interested parties to comment.\1\ We received no comments from any interested parties. --------------------------------------------------------------------------- \1\ See Large Diameter Welded Pipe from the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Determination, 83 FR 30695 (June 29, 2018) (Preliminary Determination). --------------------------------------------------------------------------- Period of Investigation The period of investigation is January 1, 2017, through December 31, 2017. Scope of the Investigation The product covered by this investigation is large diameter welded pipe from China. For a full description of the scope of this investigation, see the ``Scope of the Investigation,'' at the Appendix to this notice. Scope Comments During the course of this investigation and the concurrent LTFV investigations of large diameter welded pipe from Canada, Greece, Korea, China and Turkey, and the concurrent countervailing duty investigations of large diameter welded pipe from India, Korea and Turkey, Commerce received numerous scope comments from interested parties. We issued a Preliminary Scope Decision Memorandum \2\ to address these comments. Further, in the Preliminary Determination, we set aside a period of time for parties to address scope issues in scope case and rebuttal briefs. No interested parties submitted scope comments in case or rebuttal briefs. Therefore, for this final determination, the scope of this investigation remains unchanged from that published in the Preliminary Determination. --------------------------------------------------------------------------- \2\ See Memorandum, ``Scope Comments Decision Memorandum for the Preliminary Determinations,'' dated June 19, 2018 (Preliminary Scope Decision Memorandum). --------------------------------------------------------------------------- Use of Adverse Facts Available As noted above, we received no comments pertaining to the Preliminary Determination. As stated in the Preliminary Determination, we found that the mandatory respondents in this investigation, Hefei Zijin Steel Tube Manufacturing Co., Hefei Ziking Steel Pipe, and Panyu Chu Kong Steel Pipe Co. Ltd., did not cooperate to the best of their abilities and, accordingly, we determined it appropriate to apply facts otherwise available with adverse inferences, in accordance with section 776(a)-(b) of the Tariff Act of 1930, as amended (the Act).\3\ For this final determination, Commerce has made no [[Page 56805]] changes to the Preliminary Determination. --------------------------------------------------------------------------- \3\ See Preliminary Determination. --------------------------------------------------------------------------- All-Others Rate As discussed in the Preliminary Determination, Commerce based the selection of the ``All-Others'' rate on the countervailable subsidy rate established for the mandatory respondents in accordance with section 705(c)(5)(A)(ii) of the Act.\4\ We made no changes to the selection of this rate for this final determination. --------------------------------------------------------------------------- \4\ Id. --------------------------------------------------------------------------- Final Determination Commerce determines that the following estimated countervailable subsidy rates exist: ------------------------------------------------------------------------ Subsidy rate Company (percent) ------------------------------------------------------------------------ Hefei Zijin Steel Tube Manufacturing Co................. 198.49 Hefei Ziking Steel Pipe................................. 198.49 Panyu Chu Kong Steel Pipe Co. Ltd....................... 198.49 All-Others.............................................. 198.49 ------------------------------------------------------------------------ Continuation of Suspension of Liquidation As a result of our Preliminary Determination and pursuant to section 703(d)(1)(B) and (d)(2) of the Act, Commerce directed U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the Scope of the Investigation section, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. In accordance with section 703(d) of the Act, we issued instructions to CBP to discontinue the suspension of liquidation for CVD purposes for subject merchandise entered, or withdrawn from warehouse, on or after October 27, 2018, but to continue the suspension of liquidation of all entries from June 29, 2018, through October 26, 2018. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a CVD order, reinstate the suspension of liquidation under section 706(a) of the Act, and will require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated, and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. International Trade Commission Notification In accordance with section 705(d) of the Act, Commerce will notify the ITC of its determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Notification Regarding Administrative Protective Orders This notice will serve as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act and 19 CFR 351.210(c). Dated: November 5, 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 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. [FR Doc. 2018-24805 Filed 11-13-18; 8:45 am] BILLING CODE 3510-DS-P
![56804 Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices
the Agreement. Therefore, we intend to We determine that it is not practicable countervailing duty (CVD) investigation
continue our examination after the to complete the final results of this and invited interested parties to
issuance of these preliminary results as administrative review within 120 days comment.1 We received no comments
to whether the Agreement has been from the date of publication of these from any interested parties.
complied with during the POR and preliminary results. Commerce requires
whether the Agreement continues to Period of Investigation
additional time to analyze supplemental
meet the statutory requirements set forth questionnaire responses, complete our The period of investigation is January
in section 734(l) of the Act and intend examination, issue our post-preliminary 1, 2017, through December 31, 2017.
to issue a post-preliminary analysis as analysis, conduct verification of
soon as practicable. For a full Scope of the Investigation
questionnaire responses, and allow for
description of the methodology case briefs and rebuttal briefs on our The product covered by this
underlying our conclusions, see the preliminary and post-preliminary investigation is large diameter welded
Preliminary Decision Memorandum. results. Accordingly, Commerce is pipe from China. For a full description
Disclosure and Public Comment extending the deadline for the final of the scope of this investigation, see the
results of this administrative review by ‘‘Scope of the Investigation,’’ at the
As discussed above, Commerce needs 60 days. The final results of the review Appendix to this notice.
additional information and additional will now be due no later than 180 days
time to review the information received Scope Comments
from the date of publication of these
before making a definitive preliminary preliminary results. During the course of this investigation
finding. Therefore, we intend to issue a We are issuing and publishing these and the concurrent LTFV investigations
post-preliminary analysis on these preliminary results of review in of large diameter welded pipe from
issues as soon as practicable. The accordance with sections 751(a)(l) and Canada, Greece, Korea, China and
comment period on these preliminary 777(i)(l) of the Act and 19 CFR 351.213. Turkey, and the concurrent
results as well as the post-preliminary countervailing duty investigations of
analysis will be stated with the release Dated: November 5, 2018.
Gary Taverman,
large diameter welded pipe from India,
of the post-preliminary analysis. At that Korea and Turkey, Commerce received
time, interested parties will have the Deputy Assistant Secretary for Antidumping
Duty and Countervailing Duty Operations,
numerous scope comments from
opportunity to submit case and rebuttal interested parties. We issued a
briefs. performing the non-exclusive functions and
duties of the Assistant Secretary for Preliminary Scope Decision
Pursuant to 19 CFR 351.310(c),
Enforcement and Compliance. Memorandum 2 to address these
interested parties who wish to request a
[FR Doc. 2018–24799 Filed 11–13–18; 8:45 am] comments. Further, in the Preliminary
hearing must submit a written request to
Determination, we set aside a period of
the Assistant Secretary for Enforcement BILLING CODE 3510–DS–P
time for parties to address scope issues
and Compliance, filed electronically via
in scope case and rebuttal briefs. No
ACCESS. An electronically filed
DEPARTMENT OF COMMERCE interested parties submitted scope
document must be received successfully
comments in case or rebuttal briefs.
in its entirety by Commerce’s electronic International Trade Administration Therefore, for this final determination,
records system ACCESS, by 5:00 p.m.
[C–570–078]
the scope of this investigation remains
Eastern Time within 30 days after the
unchanged from that published in the
date of publication of this notice.
Countervailing Duty Investigation of Preliminary Determination.
Requests should contain: (1) The party’s
name, address and telephone number; Large Diameter Welded Pipe From the Use of Adverse Facts Available
(2) the number of participants; and (3) People’s Republic of China: Final
Affirmative Determination As noted above, we received no
a list of issues to be discussed. Issues
comments pertaining to the Preliminary
raised in the hearing will be limited to AGENCY: Enforcement and Compliance, Determination. As stated in the
those raised in the respective case International Trade Administration, Preliminary Determination, we found
briefs. If a request for a hearing is made, Department of Commerce. that the mandatory respondents in this
parties will be notified of the time and SUMMARY: The Department of Commerce investigation, Hefei Zijin Steel Tube
date for the hearing to be held at the (Commerce) determines that Manufacturing Co., Hefei Ziking Steel
U.S. Department of Commerce, 1401 countervailable subsidies are being Pipe, and Panyu Chu Kong Steel Pipe
Constitution Avenue NW, Washington, provided to producers/exporters of large Co. Ltd., did not cooperate to the best
DC 20230.7 diameter welded pipe from the People’s of their abilities and, accordingly, we
Postponement of Final Results Republic of China (China). determined it appropriate to apply facts
Section 751(a)(3)(A) of the Act, DATES: Applicable November 14, 2018. otherwise available with adverse
requires Commerce to complete the final FOR FURTHER INFORMATION CONTACT: inferences, in accordance with section
results of an administrative review Justin Neuman at (202) 482–0486 or 776(a)–(b) of the Tariff Act of 1930, as
within 120 days after the date on which Benito Ballesteros at (202) 482–7425, amended (the Act).3 For this final
the preliminary results are published. If AD/CVD Operations, Enforcement and determination, Commerce has made no
it is not practicable to complete the Compliance, International Trade
1 See Large Diameter Welded Pipe from the
review within this time period, section Administration, U.S. Department of
People’s Republic of China: Preliminary Affirmative
751(a)(3)(A) of the Act and 19 CFR Commerce, 1401 Constitution Avenue Countervailing Duty Determination and Alignment
351.213(h)(2) allow Commerce to extend NW, Washington, DC 20230. of Final Determination with Final Antidumping
the time limit for the final results to a SUPPLEMENTARY INFORMATION: Determination, 83 FR 30695 (June 29, 2018)
maximum of 180 days after the date on (Preliminary Determination).
which the preliminary results are Background 2 See Memorandum, ‘‘Scope Comments Decision
Memorandum for the Preliminary Determinations,’’
published. On June 29, 2018, Commerce dated June 19, 2018 (Preliminary Scope Decision
published in the Federal Register the Memorandum).
7 See 19 CFR 351.310(c). Preliminary Determination of this 3 See Preliminary Determination.
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![Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices 56805
changes to the Preliminary International Trade Commission produced to American Society for Testing
Determination. Notification and Materials (ASTM) standards A500, A252,
or A53, or other relevant domestic
All-Others Rate In accordance with section 705(d) of specifications, grades and/or standards. Large
the Act, Commerce will notify the ITC diameter welded pipe can be produced to
As discussed in the Preliminary of its determination. In addition, we are comparable foreign specifications, grades
Determination, Commerce based the making available to the ITC all non- and/or standards or to proprietary
selection of the ‘‘All-Others’’ rate on the privileged and non-proprietary specifications, grades and/or standards, or
countervailable subsidy rate established information related to this investigation. can be non-graded material. All pipe meeting
for the mandatory respondents in the physical description set forth above is
We will allow the ITC access to all
accordance with section 705(c)(5)(A)(ii) covered by the scope of this investigation,
privileged and business proprietary whether or not produced according to a
of the Act.4 We made no changes to the information in our files, provided the particular standard.
selection of this rate for this final ITC confirms that it will not disclose Subject merchandise also includes large
determination. such information, either publicly or diameter welded pipe that has been further
under an administrative protective order processed in a third country, including but
Final Determination
(APO), without the written consent of not limited to coating, painting, notching,
Commerce determines that the the Assistant Secretary for Enforcement beveling, cutting, punching, welding, or any
following estimated countervailable other processing that would not otherwise
and Compliance.
remove the merchandise from the scope of
subsidy rates exist: the investigation if performed in the country
Notification Regarding Administrative
Subsidy rate Protective Orders of manufacture of the in-scope large diameter
Company welded pipe.
(percent)
This notice will serve as a reminder The large diameter welded pipe that is
Hefei Zijin Steel Tube Manufac- to parties subject to an administrative subject to this investigation is currently
turing Co ...................................... 198.49 protective order (APO) of their classifiable in the Harmonized Tariff
Hefei Ziking Steel Pipe ................... 198.49 Schedule of the United States (HTSUS) under
Panyu Chu Kong Steel Pipe Co.
responsibility concerning the
disposition of propriety information subheadings 7305.11.1030, 7305.11.1060,
Ltd ................................................ 198.49
All-Others ........................................ 198.49 disclosed under APO in accordance 7305.11.5000, 7305.12.1030, 7305.12.1060,
7305.12.5000, 7305.19.1030, 7305.19.1060,
with 19 CFR 351.305(a)(3). Timely
7305.19.5000, 7305.31.4000, 7305.31.6010,
Continuation of Suspension of written notification of return or 7305.31.6090, 7305.39.1000 and
Liquidation destruction of APO materials, or 7305.39.5000. While the HTSUS subheadings
conversion to judicial protective order, are provided for convenience and customs
As a result of our Preliminary is hereby requested. Failure to comply purposes, the written description of the
Determination and pursuant to section with the regulations and terms of an scope of this investigation is dispositive.
703(d)(1)(B) and (d)(2) of the Act, APO is a sanctionable violation. [FR Doc. 2018–24805 Filed 11–13–18; 8:45 am]
Commerce directed U.S. Customs and
Border Protection (CBP) to suspend Notification to Interested Parties BILLING CODE 3510–DS–P
liquidation of entries of subject This determination is issued and
merchandise as described in the Scope published pursuant to sections 705(d) DEPARTMENT OF COMMERCE
of the Investigation section, entered, or and 777(i) of the Act and 19 CFR
withdrawn from warehouse, for 351.210(c). International Trade Administration
consumption on or after the date of
Dated: November 5, 2018. [A–489–826]
publication of this notice in the Federal
Gary Taverman,
Register. In accordance with section
Deputy Assistant Secretary for Antidumping Certain Hot-Rolled Steel Flat Products
703(d) of the Act, we issued instructions
and Countervailing Duty Operations, From Republic of Turkey: Preliminary
to CBP to discontinue the suspension of
performing the non-exclusive functions and Results of Antidumping Duty
liquidation for CVD purposes for subject duties of the Assistant Secretary for Administrative Review and Preliminary
merchandise entered, or withdrawn Enforcement and Compliance. Determination of No Shipments; 2016–
from warehouse, on or after October 27,
Appendix 2017
2018, but to continue the suspension of
liquidation of all entries from June 29, Scope of the Investigation AGENCY: Enforcement and Compliance,
2018, through October 26, 2018. The merchandise covered by this International Trade Administration,
If the U.S. International Trade investigation is welded carbon and alloy steel Department of Commerce.
Commission (ITC) issues a final pipe (including stainless steel pipe), more SUMMARY: The Department of Commerce
affirmative injury determination, we than 406.4 mm (16 inches) in nominal (Commerce) preliminarily determines
will issue a CVD order, reinstate the outside diameter (large diameter welded that Colakoglu Metalurji A.S. and
suspension of liquidation under section pipe), regardless of wall thickness, length, Colakoglu Dis Ticaret A.S. (collectively,
surface finish, grade, end finish, or Colakoglu) did not sell subject
706(a) of the Act, and will require a cash stenciling. Large diameter welded pipe may
deposit of estimated countervailing be used to transport oil, gas, slurry, steam, or
merchandise in the United States at
duties for such entries of subject other fluids, liquids, or gases. It may also be prices below normal value during the
merchandise in the amounts indicated used for structural purposes, including, but period of review (POR). Additionally,
above. If the ITC determines that not limited to, piling. Specifically, not Commerce preliminarily determines
material injury, or threat of material included is large diameter welded pipe that three other companies for which we
injury, does not exist, this proceeding produced only to specifications of the initiated reviews had no shipments
will be terminated, and all estimated American Water Works Association (AWWA) during the POR. We invite interested
duties deposited or securities posted as for water and sewage pipe. parties to comment on these preliminary
Large diameter welded pipe used to results.
a result of the suspension of liquidation transport oil, gas, or natural gas liquids is
will be refunded or canceled. normally produced to the American DATES: Applicable November 14, 2018.
Petroleum Institute (API) specification 5L. FOR FURTHER INFORMATION CONTACT:
4 Id. Large diameter welded pipe may also be Lingjun Wang, AD/CVD Operations,
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Document Created: 2018-11-14 03:31:16
Document Modified: 2018-11-14 03:31:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable November 14, 2018. | |
| Contact | Justin Neuman at (202) 482-0486 or Benito Ballesteros at (202) 482-7425, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. | |
| FR Citation | 83 FR 56804 |
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