83_FR_57031 83 FR 56811 - Large Diameter Welded Pipe From India: Final Determination of Sales at Less Than Fair Value; 2017

83 FR 56811 - Large Diameter Welded Pipe From India: Final Determination of Sales at Less Than Fair Value; 2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 220 (November 14, 2018)

Page Range56811-56813
FR Document2018-24806

The Department of Commerce (Commerce) determines that imports of large diameter welded pipe from India are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation January 1, 2017, through December 31, 2017

Federal Register, Volume 83 Issue 220 (Wednesday, November 14, 2018)
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56811-56813]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24806]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-881]


Large Diameter Welded Pipe From India: Final Determination of 
Sales at Less Than Fair Value; 2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports 
of large diameter welded pipe from India are being, or are likely to 
be, sold in the United States at less than fair value (LTFV) for the 
period of investigation January 1, 2017, through December 31, 2017

DATES: Applicable November 14, 2018.

FOR FURTHER INFORMATION CONTACT: Kate Johnson at (202) 482-4929 or 
Jaron Moore at (202) 482-3640, AD/CVD Operations, Office VIII, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Background

    On August 27, 2018, Commerce published in the Federal Register the 
Preliminary Determination of sales at LTFV of large diameter welded 
pipe from India and invited interested parties to comment.\1\ We 
received comments from the petitioners,\2\ agreeing with our 
affirmative preliminary determination to apply total adverse facts 
available (AFA) to the non-responsive companies.\3\ No other interested 
party submitted comments. Accordingly, we made no changes to the 
Preliminary Determination.
---------------------------------------------------------------------------

    \1\ See Large Diameter Welded Pipe from India: Preliminary 
Determination of Sales at Less Than Fair Value, 83 FR 43653 (August 
27, 2018) (Preliminary Determination) and accompanying Preliminary 
Decision Memorandum.
    \2\ The petitioners are American Cast Iron Pipe Company, Berg 
Steel Pipe Corp., Berg Spiral Pipe Corp., Dura-Bond Industries, and 
Stupp Corporation, individually and as members of American Line Pipe 
Producers Association; Greens Bayou Pipe Mill, LP; JSW Steel (USA) 
Inc.; Skyline Steel; and Trinity Products LLC.
    \3\ See Petitioners Letter, ``Case Brief of Petitioners,'' dated 
September 26, 2018.
---------------------------------------------------------------------------

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 India. 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, the People's Republic of China (China) and Turkey, and the 
concurrent countervailing duty investigations of large diameter welded 
pipe from China, India, Korea and Turkey, Commerce received scope 
comments from interested parties. Commerce issued a Preliminary Scope 
Decision Memorandum \4\ to address these comments. In the Preliminary 
Determination, Commerce 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 scope case or scope rebuttal 
briefs. Therefore, for this final determination, the scope of this 
investigation remains unchanged from that published in the Preliminary 
Determination.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Scope Comments Decision Memorandum for the 
Preliminary Determinations,'' dated June 19, 2018 (Preliminary Scope 
Decision Memorandum).
---------------------------------------------------------------------------

Use of Adverse Facts Available

    The mandatory respondents Bhushan Steel (Bhushan) and Welspun 
Trading Limited (Welspun) failed to participate in this 
investigation.\5\ Therefore, in the Preliminary Determination, pursuant 
to sections 776(a)(1), 776(a)(2)(A)-(C), and 776(b) of the Act, we 
determined for Bhushan and Welspun an estimated dumping rate based on 
AFA. No parties filed comments in opposition to our Preliminary 
Determination with respect to Bhushan and Welspun and there are no 
comments or information on the record that would cause us to revisit 
our preliminary AFA determinations. Accordingly, we continue to find 
that the application of AFA pursuant to sections 776(a) and (b) of the 
Act is warranted with respect to Bhushan and Welspun. In applying total 
AFA, we have determined for Bhushan's and Welspun's exports of the 
subject merchandise an estimated dumping margin of 50.55 percent, which 
is the only dumping margin alleged in the Petition \6\ and which has 
been corroborated to the extent practicable

[[Page 56812]]

within the meaning of section 776(c) of the Act.\7\
---------------------------------------------------------------------------

    \5\ See Preliminary Determination Memorandum at 4-8.
    \6\ See 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 
(Petition).
    \7\ See Preliminary Determination Memorandum at 7-8.
---------------------------------------------------------------------------

All-Others Rate

    As discussed in the Preliminary Determination, Commerce based the 
``All-Others'' rate on the only dumping margin alleged in the 
Petition,\8\ in accordance with section 735(c)(5)(B) of the Act. We 
made no changes to the selection of this rate for this final 
determination.
---------------------------------------------------------------------------

    \8\ See Petition; see also Preliminary Determination Memorandum 
at 8-9.
---------------------------------------------------------------------------

Final Determination

    The final estimated dumping margins are as follows:

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

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, for this final 
determination, we will direct U.S. Customs and Border Protection (CBP) 
to continue to suspend liquidation of all entries of large diameter 
welded pipe from India, as described in the Appendix to this notice, 
which are entered, or withdrawn from warehouse, for consumption on or 
after August 27, the date of publication in the Federal Register of the 
affirmative Preliminary Determination.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), Commerce will instruct CBP to require a cash deposit for 
such entries of merchandise equal to the estimated dumping margin, as 
follows: (1) The cash deposit rate for the respondents listed above 
will be equal to the respondent-specific estimated dumping margin 
determined in this final 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 respondent-specific estimated weighted-
average dumping margin 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 estimated dumping margin for all other 
producers or exporters. These suspension-of-liquidation instructions 
will remain in effect until further notice.
    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 has made a final affirmative 
determination for countervailable export subsidies,\9\ Commerce offsets 
the estimated weighted-average dumping margin by the appropriate CVD 
rate. Any such adjusted rates may be found in the ``Final 
Determination'' section, above. However, provisional measures expired 
in the companion countervailing duty investigation on October 26, 2018. 
Accordingly, we will direct CBP to collect the estimated antidumping 
cash deposits unadjusted for countervailed export subsidies. In the 
event of an affirmative determination by the International Trade 
Commission (ITC), Commerce will issue antidumping and countervailing 
duty orders and direct CBP to collect the cash deposit rate, as 
adjusted for export subsidies.
---------------------------------------------------------------------------

    \9\ See the unpublished Federal Register notice, Large Diameter 
Welded Pipe from India: Final Affirmative Countervailing Duty 
Determination, dated concurrently with this notice.
---------------------------------------------------------------------------

Disclosure

    The dumping margins assigned to the mandatory respondents in this 
investigation are based on AFA. As these margins are based on the 
dumping margin alleged in the Petition, and because we made no changes 
to the Preliminary Determination, there are no calculations to disclose 
for this final determination.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify ITC of 
the final affirmative determination of sales at LTFV. 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. Because Commerce's final determination is affirmative, 
in accordance with section 735(b)(2) of the Act, the ITC will make its 
final determination as to whether the domestic industry in the United 
States is materially injured, or threatened with material injury, by 
reason of imports or sales (or the likelihood of sales) for importation 
of large diameter welded pipe, no later than 45 days after this final 
determination. If the ITC determines that such injury does not exist, 
this proceeding will be terminated, and all cash deposits posted will 
be refunded. If the ITC determines that such injury does exist, 
Commerce will issue an antidumping duty order directing CBP to assess, 
upon further instruction by Commerce, antidumping duties on all imports 
of the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Notification Regarding Administrative Protective Orders

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an administrative protective order (APO) of their 
responsibility concerning the destruction of proprietary 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,

[[Page 56813]]

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 in accordance with 
sections 735(d) and 777(i)(1) 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. 2018-24806 Filed 11-13-18; 8:45 am]
 BILLING CODE 3510-DS-P



                              Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices                                                   56811

     contain the following information: (1)                  DEPARTMENT OF COMMERCE                                ‘‘Scope of the Investigation,’’ at the
     The party’s name, address, and                                                                                Appendix to this notice.
     telephone number; (2) the number of                     International Trade Administration
                                                                                                                   Scope Comments
     participants; and (3) a list of the issues              [A–533–881]
     to be discussed. Oral presentations at                                                                          During the course of this investigation
     the hearing will be limited to issues                   Large Diameter Welded Pipe From                       and the concurrent LTFV investigations
     raised in the case and rebuttal briefs. If              India: Final Determination of Sales at                of large diameter welded pipe from
     a request for a hearing is made, parties                Less Than Fair Value; 2017                            Canada, Greece, Korea, the People’s
     will be notified of the time and date for               AGENCY:  Enforcement and Compliance,                  Republic of China (China) and Turkey,
     the hearing to be held at the U.S.                      International Trade Administration,                   and the concurrent countervailing duty
     Department of Commerce, 1401                            Department of Commerce.                               investigations of large diameter welded
     Constitution Avenue NW, Washington,                     SUMMARY: The Department of Commerce                   pipe from China, India, Korea and
     DC 20230.37                                             (Commerce) determines that imports of                 Turkey, Commerce received scope
        All submissions, with limited                        large diameter welded pipe from India                 comments from interested parties.
     exceptions, must be filed electronically                are being, or are likely to be, sold in the           Commerce issued a Preliminary Scope
                                                             United States at less than fair value                 Decision Memorandum 4 to address
     using Enforcement and Compliance’s
                                                             (LTFV) for the period of investigation                these comments. In the Preliminary
     AD and CVD Centralized Electronic
                                                             January 1, 2017, through December 31,                 Determination, Commerce set aside a
     Service System (ACCESS).38 ACCESS is
                                                             2017                                                  period of time for parties to address
     available to registered users at http://
                                                             DATES: Applicable November 14, 2018.                  scope issues in scope case and rebuttal
     access.trade.gov and in the Central                                                                           briefs. No interested parties submitted
     Records Unit, Room B8024 of the main                    FOR FURTHER INFORMATION CONTACT: Kate
                                                                                                                   scope comments in scope case or scope
     Department of Commerce building. An                     Johnson at (202) 482–4929 or Jaron
                                                             Moore at (202) 482–3640, AD/CVD                       rebuttal briefs. Therefore, for this final
     electronically filed document must be                                                                         determination, the scope of this
     received successfully in its entirety by                Operations, Office VIII, Enforcement
                                                             and Compliance, International Trade                   investigation remains unchanged from
     ACCESS, by 5 p.m. Eastern Time (ET)                                                                           that published in the Preliminary
     on the due date. Documents excepted                     Administration, U.S. Department of
                                                             Commerce, 1401 Constitution Avenue                    Determination.
     from the electronic submission
     requirements must be filed manually                     NW, Washington, DC 20230.                             Use of Adverse Facts Available
     (i.e., in paper form) with the APO/                     SUPPLEMENTARY INFORMATION:
                                                                                                                      The mandatory respondents Bhushan
     Dockets Unit in Room 18022 and                          Background                                            Steel (Bhushan) and Welspun Trading
     stamped with the date and time of                                                                             Limited (Welspun) failed to participate
                                                                On August 27, 2018, Commerce
     receipt by 5 p.m. ET on the due date.39                 published in the Federal Register the                 in this investigation.5 Therefore, in the
        Commerce will issue the final results                Preliminary Determination of sales at                 Preliminary Determination, pursuant to
     of these changed circumstances reviews,                 LTFV of large diameter welded pipe                    sections 776(a)(1), 776(a)(2)(A)–(C), and
     which will include its analysis of any                  from India and invited interested parties             776(b) of the Act, we determined for
     written comments, no later than 270                     to comment.1 We received comments                     Bhushan and Welspun an estimated
     days after the date on which this review                from the petitioners,2 agreeing with our              dumping rate based on AFA. No parties
     was initiated.                                          affirmative preliminary determination to              filed comments in opposition to our
        The current requirement for cash                     apply total adverse facts available (AFA)             Preliminary Determination with respect
                                                             to the non-responsive companies.3 No                  to Bhushan and Welspun and there are
     deposits of estimated antidumping and
                                                             other interested party submitted                      no comments or information on the
     countervailing duties on all entries of
                                                             comments. Accordingly, we made no                     record that would cause us to revisit our
     subject merchandise will continue
                                                             changes to the Preliminary                            preliminary AFA determinations.
     unless until they are modified pursuant                 Determination.                                        Accordingly, we continue to find that
     to the final results of these changed                                                                         the application of AFA pursuant to
     circumstances reviews.                                  Period of Investigation
                                                                                                                   sections 776(a) and (b) of the Act is
        This notice is published in                             The period of investigation is January             warranted with respect to Bhushan and
     accordance with sections 751(b) and                     1, 2017, through December 31, 2017.                   Welspun. In applying total AFA, we
     777(i) of the Act.                                      Scope of the Investigation                            have determined for Bhushan’s and
       Dated: November 5, 2018.                                                                                    Welspun’s exports of the subject
                                                               The product covered by this                         merchandise an estimated dumping
     Gary Taverman,                                          investigation is large diameter welded                margin of 50.55 percent, which is the
     Deputy Assistant Secretary for Antidumping              pipe from India. For a full description               only dumping margin alleged in the
     and Countervailing Duty Operations,                     of the scope of this investigation, see the           Petition 6 and which has been
     performing the non-exclusive functions and
                                                                                                                   corroborated to the extent practicable
     duties of the Assistant Secretary for                     1 See Large Diameter Welded Pipe from India:

     Enforcement and Compliance                              Preliminary Determination of Sales at Less Than
                                                             Fair Value, 83 FR 43653 (August 27, 2018)               4 See Memorandum, ‘‘Scope Comments Decision
     [FR Doc. 2018–24798 Filed 11–13–18; 8:45 am]
                                                             (Preliminary Determination) and accompanying          Memorandum for the Preliminary Determinations,’’
     BILLING CODE 3510–DS–P                                  Preliminary Decision Memorandum.                      dated June 19, 2018 (Preliminary Scope Decision
                                                               2 The petitioners are American Cast Iron Pipe       Memorandum).
                                                             Company, Berg Steel Pipe Corp., Berg Spiral Pipe        5 See Preliminary Determination Memorandum at

       37 See 19 CFR 351.310(d).                             Corp., Dura-Bond Industries, and Stupp                4–8.
       38 See
                                                             Corporation, individually and as members of             6 See Petitions for the Imposition of Antidumping
              generally 19 CFR 351.303.                      American Line Pipe Producers Association; Greens      and Countervailing Duties: Large Diameter Welded
       39 See Antidumping and Countervailing Duty
                                                             Bayou Pipe Mill, LP; JSW Steel (USA) Inc.; Skyline    Pipe from Canada, Greece, India, the People’s
     Proceedings: Electronic Filing Procedures;              Steel; and Trinity Products LLC.                      Republic of China, the Republic of Korea, and the
     Administrative Protective Order Procedures, 76 FR         3 See Petitioners Letter, ‘‘Case Brief of           Republic of Turkey, dated January 17, 2018
     39263 (July 6, 2011).                                   Petitioners,’’ dated September 26, 2018.              (Petition).



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     56812                             Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices

     within the meaning of section 776(c) of                                     ‘‘All-Others’’ rate on the only dumping                                      selection of this rate for this final
     the Act.7                                                                   margin alleged in the Petition,8 in                                          determination.
     All-Others Rate                                                             accordance with section 735(c)(5)(B) of                                      Final Determination
                                                                                 the Act. We made no changes to the
       As discussed in the Preliminary                                                                                                                          The final estimated dumping margins
     Determination, Commerce based the                                                                                                                        are as follows:

                                                                                                                                                                                                  Cash deposit
                                                                                                                                                                                                      rate
                                                                                                                                                                                    Dumping        (adjusted
                                                                             Exporter/producer                                                                                       margin        for export
                                                                                                                                                                                    (percent)      subsidies
                                                                                                                                                                                                     offset)
                                                                                                                                                                                                   (percent)

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



     Continuation of Suspension of                                               has made a final affirmative                                                 publicly or under an administrative
     Liquidation                                                                 determination for countervailable export                                     protective order (APO), without the
                                                                                 subsidies,9 Commerce offsets the                                             written consent of the Assistant
        In accordance with section
                                                                                 estimated weighted-average dumping                                           Secretary for Enforcement and
     735(c)(1)(B) of the Act, for this final
                                                                                 margin by the appropriate CVD rate.                                          Compliance. Because Commerce’s final
     determination, we will direct U.S.
                                                                                 Any such adjusted rates may be found                                         determination is affirmative, in
     Customs and Border Protection (CBP) to
                                                                                 in the ‘‘Final Determination’’ section,                                      accordance with section 735(b)(2) of the
     continue to suspend liquidation of all
                                                                                 above. However, provisional measures                                         Act, the ITC will make its final
     entries of large diameter welded pipe
                                                                                 expired in the companion                                                     determination as to whether the
     from India, as described in the
                                                                                 countervailing duty investigation on                                         domestic industry in the United States
     Appendix to this notice, which are
                                                                                 October 26, 2018. Accordingly, we will                                       is materially injured, or threatened with
     entered, or withdrawn from warehouse,
                                                                                 direct CBP to collect the estimated                                          material injury, by reason of imports or
     for consumption on or after August 27,                                                                                                                   sales (or the likelihood of sales) for
                                                                                 antidumping cash deposits unadjusted
     the date of publication in the Federal                                      for countervailed export subsidies. In                                       importation of large diameter welded
     Register of the affirmative Preliminary                                     the event of an affirmative                                                  pipe, no later than 45 days after this
     Determination.                                                              determination by the International                                           final determination. If the ITC
        Pursuant to section 735(c)(1)(B)(ii) of                                  Trade Commission (ITC), Commerce                                             determines that such injury does not
     the Act and 19 CFR 351.210(d),                                              will issue antidumping and                                                   exist, this proceeding will be
     Commerce will instruct CBP to require                                       countervailing duty orders and direct                                        terminated, and all cash deposits posted
     a cash deposit for such entries of                                          CBP to collect the cash deposit rate, as                                     will be refunded. If the ITC determines
     merchandise equal to the estimated                                          adjusted for export subsidies.                                               that such injury does exist, Commerce
     dumping margin, as follows: (1) The                                                                                                                      will issue an antidumping duty order
     cash deposit rate for the respondents                                       Disclosure                                                                   directing CBP to assess, upon further
     listed above will be equal to the                                             The dumping margins assigned to the                                        instruction by Commerce, antidumping
     respondent-specific estimated dumping                                       mandatory respondents in this                                                duties on all imports of the subject
     margin determined in this final                                             investigation are based on AFA. As                                           merchandise entered, or withdrawn
     determination; (2) if the exporter is not                                   these margins are based on the dumping                                       from warehouse, for consumption on or
     a respondent identified above but the                                       margin alleged in the Petition, and                                          after the effective date of the suspension
     producer is, then the cash deposit rate                                     because we made no changes to the                                            of liquidation, as discussed above in the
     will be equal to the respondent-specific                                    Preliminary Determination, there are no                                      ‘‘Continuation of Suspension of
     estimated weighted-average dumping                                          calculations to disclose for this final                                      Liquidation’’ section.
     margin established for that producer of                                     determination.
     the subject merchandise; and (3) the                                                                                                                     Notification Regarding Administrative
     cash deposit rate for all other producers                                   International Trade Commission                                               Protective Orders
     or exporters will be equal to the                                           Notification                                                                   In the event that the ITC issues a final
     estimated dumping margin for all other                                         In accordance with section 735(d) of                                      negative injury determination, this
     producers or exporters. These                                               the Act, we will notify ITC of the final                                     notice will serve as the only reminder
     suspension-of-liquidation instructions                                      affirmative determination of sales at                                        to parties subject to an administrative
     will remain in effect until further notice.                                 LTFV. In addition, we are making                                             protective order (APO) of their
        Commerce normally adjusts the                                            available to the ITC all non-privileged                                      responsibility concerning the
     estimated weighted-average dumping                                          and non-proprietary information related                                      destruction of proprietary information
     margin by the amount of export                                              to this investigation. We will allow the                                     disclosed under APO in accordance
     subsidies countervailed in a companion                                      ITC access to all privileged and business                                    with 19 CFR 351.305(a)(3). Timely
     countervailing duty (CVD) proceeding,                                       proprietary information in our files,                                        written notification of return or
     when CVD provisional measures are in                                        provided the ITC confirms that it will                                       destruction of APO materials, or
     effect. Accordingly, where Commerce                                         not disclose such information, either                                        conversion to judicial protective order,
       7 See Preliminary Determination Memorandum at                              8 See Petition; see also Preliminary Determination                            9 See the unpublished Federal Register notice,

     7–8.                                                                        Memorandum at 8–9.                                                           Large Diameter Welded Pipe from India: Final
                                                                                                                                                              Affirmative Countervailing Duty Determination,
                                                                                                                                                              dated concurrently with this notice.



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                             Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices                                                    56813

     is hereby requested. Failure to comply                  purposes, the written description of the              Scope of the Order
     with the regulations and terms of an                    scope of this investigation is dispositive.
                                                                                                                      The merchandise covered by the order
     APO is a sanctionable violation.                        [FR Doc. 2018–24806 Filed 11–13–18; 8:45 am]          is certain hot-rolled steel flat products.
     Notification to Interested Parties                      BILLING CODE 3510–DS–P                                For a complete description of the scope
                                                                                                                   of the order, see the Preliminary
       This determination is issued and
                                                                                                                   Decision Memorandum.2
     published in accordance with sections                   DEPARTMENT OF COMMERCE
     735(d) and 777(i)(1) of the Act and 19                                                                        Methodology
     CFR 351.210(c).                                         International Trade Administration                       Commerce is conducting this review
       Dated: November 5, 2018.                                                                                    in accordance with section 751(a) of the
     Gary Taverman,                                          [A–588–874]                                           Tariff Act of 1930, as amended (the Act).
     Deputy Assistant Secretary for Antidumping                                                                    Export price and constructed export
     and Countervailing Duty Operations,
                                                             Certain Hot-Rolled Steel Flat Products                price are calculated in accordance with
     performing the non-exclusive functions and              From Japan: Preliminary Results of                    section 772 of the Act. NV is calculated
     duties of the Assistant Secretary for                   Antidumping Duty Administrative                       in accordance with section 773 of the
     Enforcement and Compliance.                             Review and Preliminary Determination                  Act.
                                                             of No Shipments; 2016–2017                               For a full description of the
     Appendix
                                                                                                                   methodology underlying our
     Scope of the Investigation                              AGENCY:   Enforcement and Compliance,
                                                                                                                   conclusions, see the Preliminary
                                                             International Trade Administration,
        The merchandise covered by this                                                                            Decision Memorandum. The
                                                             Department of Commerce.
     investigation is welded carbon and alloy steel                                                                Preliminary Decision Memorandum is a
     pipe (including stainless steel pipe), more             SUMMARY: The Department of Commerce                   public document and is on file
     than 406.4 mm (16 inches) in nominal                    (Commerce) preliminarily determines                   electronically via Enforcement and
     outside diameter (large diameter welded                 that Nippon Steel & Sumitomo Metal                    Compliance’s Antidumping and
     pipe), regardless of wall thickness, length,            Corporation (Nippon Steel) and Tokyo
     surface finish, grade, end finish, or
                                                                                                                   Countervailing Duty Centralized
                                                             Steel Manufacturing Co., Ltd. (Tokyo                  Electronic Service System (ACCESS).
     stenciling. Large diameter welded pipe may
     be used to transport oil, gas, slurry, steam, or
                                                             Steel), the two companies selected for                ACCESS is available to registered users
     other fluids, liquids, or gases. It may also be         individual examination, sold subject                  at http://access.trade.gov, and to all
     used for structural purposes, including, but            merchandise in the United States at                   parties in the Central Records Unit,
     not limited to, piling. Specifically, not               prices below normal value during the                  Room B8024 of the main Department of
     included is large diameter welded pipe                  period of review (POR). Additionally,                 Commerce building. In addition, a
     produced only to specifications of the                  Commerce preliminarily determines                     complete version of the Preliminary
     American Water Works Association (AWWA)                 that three other companies for which we               Decision Memorandum can be accessed
     for water and sewage pipe.                              initiated reviews had no shipments
        Large diameter welded pipe used to                                                                         directly at http://enforcement.trade.gov/
     transport oil, gas, or natural gas liquids is
                                                             during the POR. We invite interested                  frn/. The signed and electronic versions
     normally produced to the American                       parties to comment on these preliminary               of the Preliminary Decision
     Petroleum Institute (API) specification 5L.             results.                                              Memorandum are identical in content.
     Large diameter welded pipe may also be                  DATES: Applicable November 14, 2018.                  A list of the topics discussed in the
     produced to American Society for Testing                                                                      Preliminary Decision Memorandum is
                                                             FOR FURTHER INFORMATION CONTACT:
     and Materials (ASTM) standards A500, A252,                                                                    attached as the Appendix to this notice.
     or A53, or other relevant domestic                      Myrna Lobo or Jack Zhao, AD/CVD
     specifications, grades and/or standards. Large          Operations, Office VII, Enforcement and               Preliminary Determination of No
     diameter welded pipe can be produced to                 Compliance, International Trade                       Shipments
     comparable foreign specifications, grades               Administration, U.S. Department of
     and/or standards or to proprietary                                                                              Among the companies under review,
                                                             Commerce, 1401 Constitution Avenue
     specifications, grades and/or standards, or                                                                   four companies, Hitachi Metals, Ltd.
                                                             NW, Washington, DC 20230; telephone:
     can be non-graded material. All pipe meeting                                                                  (Hitachi), Honda Trading Canada, Inc.
                                                             (202) 482–2371 or (202) 482–1396,
     the physical description set forth above is                                                                   (Honda), Mitsui & Co. Ltd. (Mitsui), and
                                                             respectively.
     covered by the scope of this investigation,                                                                   Panasonic Corporation (Panasonic)
     whether or not produced according to a                  SUPPLEMENTARY INFORMATION:                            properly filed statements reporting that
     particular standard.                                                                                          they made no shipments of subject
        Subject merchandise also includes large              Background
                                                                                                                   merchandise to the United States during
     diameter welded pipe that has been further
                                                               Commerce is conducting an                           the POR. Based on the certifications
     processed in a third country, including but
     not limited to coating, painting, notching,             administrative review of the                          submitted and our analysis of Customs
     beveling, cutting, punching, welding, or any            antidumping duty order on certain hot-                and Border Protection (CBP)
     other processing that would not otherwise               rolled steel flat products (hot-rolled                information, we preliminarily determine
     remove the merchandise from the scope of                steel) from Japan. The notice of                      that Hitachi, Honda, and Panasonic had
     the investigation if performed in the country           initiation of this administrative review              no shipments during the POR.3
     of manufacture of the in-scope large diameter           was published on December 7, 2017.1
     welded pipe.                                            This review covers 20 producers and                      2 See Memorandum, ‘‘Decision Memorandum for
        The large diameter welded pipe that is               exporters of the subject merchandise.                 the Preliminary Results of Antidumping Duty
     subject to this investigation is currently                                                                    Administrative Review and Preliminary
                                                             The POR is March 22, 2016, through                    Determination of No Shipments: Certain Hot-Rolled
     classifiable in the Harmonized Tariff
     Schedule of the United States (HTSUS) under             September 30, 2017. Commerce selected                 Steel Flat Products from Japan; 2016–2017,’’ dated
     subheadings 7305.11.1030, 7305.11.1060,                 two mandatory respondents for                         concurrently with, and hereby adopted by, this
                                                             individual examination: Nippon Steel                  notice (Preliminary Decision Memorandum).
     7305.11.5000, 7305.12.1030, 7305.12.1060,                                                                        3 See Hitachi Letter, ‘‘Antidumping Duty
     7305.12.5000, 7305.19.1030, 7305.19.1060,               and Tokyo Steel.
                                                                                                                   Administrative Review of Certain Hot-Rolled Steel
     7305.19.5000, 7305.31.4000, 7305.31.6010,                                                                     Flat Products: Hitachi No Shipment Letter,’’ dated
     7305.31.6090, 7305.39.1000 and                            1 See Initiation of Antidumping and                 December 18, 2017; see also Honda Letter,
     7305.39.5000. While the HTSUS subheadings               Countervailing Duty Administrative Reviews, 82 FR     ‘‘Administrative Review of Certain Hot-Rolled Steel
     are provided for convenience and customs                57705 (December 7, 2017).                                                                       Continued




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Document Created: 2018-11-14 03:32:38
Document Modified: 2018-11-14 03:32:38
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 November 14, 2018.
ContactKate Johnson at (202) 482-4929 or Jaron Moore at (202) 482-3640, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
FR Citation83 FR 56811 

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