83_FR_57039 83 FR 56819 - Large Diameter Welded Pipe From India: Final Affirmative Countervailing Duty Determination

83 FR 56819 - Large Diameter Welded Pipe From India: Final Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range56819-56821
FR Document2018-24804

The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers/exporters of large diameter welded pipe welded pipe from India.

Federal Register, Volume 83 Issue 220 (Wednesday, November 14, 2018)
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56819-56821]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24804]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-882]


Large Diameter Welded Pipe From India: Final Affirmative 
Countervailing Duty 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 welded pipe from India.

DATES: Applicable November 14, 2018.

FOR FURTHER INFORMATION CONTACT: Robert Palmer at (202) 482-9068 or 
Suzanne Lam at (202) 482-0783, 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 June 29, 2018, Commerce published in the Federal Register its 
affirmative Preliminary Determination of this countervailing duty (CVD) 
investigation and invited interested parties to comment.\1\ A summary 
of the events that occurred since Commerce published the Preliminary 
Determination, as well as a full discussion of the issues raised by 
parties for this final determination, may be found in the Issues and 
Decision Memorandum issued concurrently with this notice.\2\ The Issues 
and 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 http://access.trade.gov, and 
is available to all parties in the Central Records Unit, Room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.
---------------------------------------------------------------------------

    \1\ See Large Diameter Welded Pipe from India: Preliminary 
Affirmative Countervailing Duty Determination and Alignment of Final 
Determination with Final Antidumping Duty Determination, 83 FR 30690 
(June 29, 2018) (Preliminary Determination) and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination of the Countervailing Duty 
Investigation of Large Diameter Welded Pipe from India'' (Issues and 
Decision Memorandum), dated concurrently with this determination and 
hereby adopted by this notice.
---------------------------------------------------------------------------

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'' in Appendix I of 
this notice.

Scope Comments

    During the course of this investigation and the concurrent LTFV 
investigations

[[Page 56820]]

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 \3\ 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.\4\ 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.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Scope Comments Decision Memorandum for the 
Preliminary Determinations,'' dated June 19, 2018 (Preliminary Scope 
Decision Memorandum).
    \4\ See Large Diameter Welded Pipe from India: Preliminary 
Determination of Sales at Less Than Fair Value, 83 FR 43653 (August 
27, 2018).
---------------------------------------------------------------------------

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum. A list of the issues 
that parties raised, and to which we responded in the Issues and 
Decision Memorandum, is attached to this notice at Appendix II.

Methodology

    Commerce conducted this investigation in accordance with section 
701 of the Tariff Act of 1930, as amended (the Act). For each of the 
subsidy programs found countervailable, Commerce determines that there 
is a subsidy, i.e., a financial contribution by an ``authority'' that 
gives rise to a benefit to the recipient, and that the subsidy is 
specific.\5\ For a full description of the methodology underlying our 
final determination, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \5\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

    In making these findings, Commerce relied, in part, on facts 
otherwise available and, because it finds that both respondents and the 
Government of India did not act to the best of their ability to respond 
to Commerce's requests for information, it drew an adverse inference 
where appropriate in selecting from among the facts otherwise 
available.\6\ For further information, see ``Use of Facts Otherwise 
Available and Adverse Inferences'' in the Issues and Decision 
Memorandum.
---------------------------------------------------------------------------

    \6\ See sections 776(a), (b), and 782(d) of the Act.
---------------------------------------------------------------------------

Final Determination

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated an individual rate for each producer/exporter of the subject 
merchandise individually investigated. In accordance with section 
705(c)(5)(A) of the Act, for companies not individually investigated, 
we apply an ``all-others'' rate, which is normally calculated by 
weighting the subsidy rates of the individual companies selected as 
mandatory respondents by those companies'' exports of the subject 
merchandise to the United States. Under section 705(c)(5)(A)(i) of the 
Act, the all-others rate excludes zero and de minimis rates calculated 
for the exporters and producers individually investigated, as well as 
rates based entirely on facts otherwise available. Section 
705(c)(5)(A)(ii) of the Act provides that if the countervailable 
subsidy rate established for all exporters and producers individually 
investigated are zero, de minimis, or determined entirely in accordance 
with section 776 of the Act, Commerce may use any reasonable method to 
establish an all-others rate for exporters and producers not 
individually investigated. In this case, the estimated countervailable 
subsidy rate calculated for the investigated companies is based 
entirely on facts available under section 776 of the Act. There is no 
other information on the record upon which to determine an all-others 
rate. As a result, we have used the rate assigned to Bhushan Steel and 
Welspun Trading Limited as the all-others rate. This method is 
consistent with the Department's past practice.\7\
---------------------------------------------------------------------------

    \7\ See, e.g., Certain Carbon and Alloy Steel Cut-to-Length 
Plate from the People's Republic of China: Final Affirmative 
Countervailing Duty Determiniation, 82 FR 8507, 8508 (January 26, 
2017).
---------------------------------------------------------------------------

    Commerce determines that the following estimated countervailable 
subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Bhushan Steel...........................................          541.15
Welspun Trading Limited.................................          541.15
All-Others..............................................          541.15
------------------------------------------------------------------------

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 instructed 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 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 countervailing duty (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, will 
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.

Disclosure

    Normally, Commerce discloses calculations performed for a final 
determination within five days of its public announcement, or if there 
is no public announcement, within five days of the date of publication 
of this notice in accordance with 19 CFR 351.224(b). However, Commerce 
applied AFA in determining the estimated countervailable subsidy rate 
for the individually examined companies (Bhushan Steel and Welspun 
Trading Limited) in this investigation, in accordance with section 776 
of the Act. Because our calculation of the AFA subsidy rate is outlined 
in Appendix I of the Preliminary Decision Memorandum, and because we 
made no changes to the Preliminary Determination, there are no further 
calculations to disclose.

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

[[Page 56821]]

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 705(b) 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 of large diameter welded pipe from India 
no later than 45 days after this final determination.

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 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 the return/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 violation which is subject to sanction.

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 1, 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 Issues and Decision Memorandum

I. Summary
II. Background
III. Use of Facts Otherwise Available and Adverse Inferences
IV. Analysis of Programs
V. Analysis of Comments
    Comment 1: Whether Commerce Properly Applied AFA in the 
Preliminary Determination
    Comment 2: Whether Commerce Should Continue to Find the AAP, 
DDB, EPCG, and MEIS Programs Countervailable
VI. Conclusion

 [FR Doc. 2018-24804 Filed 11-13-18; 8:45 am]
 BILLING CODE 3510-DS-P



                              Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices                                                   56819

     administrative review, as provided by                    DEPARTMENT OF COMMERCE                                Suzanne Lam at (202) 482–0783, AD/
     section 751(a)(2)(C) of the Act: (1) The                                                                       CVD Operations, Office VIII,
     cash deposit rate for BlueScope will be                  International Trade Administration                    Enforcement and Compliance,
     the rate established in the final results                                                                      International Trade Administration,
     of this review; (2) for previously                       Correction To Notice of Opportunity To                U.S. Department of Commerce, 1401
     reviewed or investigated companies not                   Request Administrative Review                         Constitution Avenue NW, Washington,
     participating in this review, the cash                   AGENCY:   Enforcement and Compliance,                 DC 20230.
     deposit rate will continue to be the                     International Trade Administration,                   SUPPLEMENTARY INFORMATION:
     company-specific rate published for the                  Department of Commerce.                               Background
     most recently-completed segment of this
                                                              FOR FURTHER INFORMATION CONTACT:                         On June 29, 2018, Commerce
     proceeding in which the company was
                                                              Brenda E. Brown, Office of AD/CVD                     published in the Federal Register its
     reviewed; (3) if the exporter is not a firm
                                                              Operations, Customs Liaison Unit,                     affirmative Preliminary Determination
     covered in this review, a prior review,
                                                              Enforcement and Compliance,                           of this countervailing duty (CVD)
     or the less-than-fair value (LTFV)
                                                              International Trade Administration,                   investigation and invited interested
     investigation, but the manufacturer is,
                                                              U.S. Department of Commerce, 1401                     parties to comment.1 A summary of the
     the cash deposit rate will be the rate
                                                              Constitution Avenue NW, Washington,                   events that occurred since Commerce
     established for the most recently-
                                                              DC 20230, telephone: (202) 482–4735.                  published the Preliminary
     completed segment of this proceeding
     for the manufacturer of subject                          SUPPLEMENTARY INFORMATION: On                         Determination, as well as a full
     merchandise; and (4) the cash deposit                    November 1, 2018, the Department of                   discussion of the issues raised by parties
     rate for all other manufacturers or                      Commerce (‘‘Commerce’’) published its                 for this final determination, may be
     exporters will continue to be 29.58                      opportunity to request administrative                 found in the Issues and Decision
     percent, the all-others rate established                 review of the antidumping duty orders                 Memorandum issued concurrently with
     in the LTFV investigation.13 These cash                  for November 2018 anniversary cases.                  this notice.2 The Issues and Decision
     deposit requirements, when imposed,                      Commerce inadvertently stated parties                 Memorandum is a public document and
     shall remain in effect until further                     may request an administrative review                  is on file electronically via Enforcement
     notice.                                                  not later than the last day of October                and Compliance’s Antidumping and
                                                              2018. The last day to submit a request                Countervailing Duty Centralized
     Notification to Importers                                review request for November cases is                  Electronic Service System (ACCESS).
                                                              the last day of November 2018. See                    ACCESS is available to registered users
        This notice serves as a preliminary                   Antidumping or Countervailing Duty                    at http://access.trade.gov, and is
     reminder to importers of their                           Order, Finding, or Suspended                          available to all parties in the Central
     responsibility under 19 CFR                              Investigation; Opportunity to Request                 Records Unit, Room B8024 of the main
     351.402(f)(2) to file a certificate                      Administrative Review, 83 FR 54912                    Department of Commerce building. In
     regarding the reimbursement of                           (November 1, 2018). This notice serves                addition, a complete version of the
     antidumping duties prior to liquidation                  as a correction notice.                               Issues and Decision Memorandum can
     of the relevant entries during this POR.                                                                       be accessed directly at http://
     Failure to comply with this requirement                    Dated: November 7, 2018.
                                                                                                                    enforcement.trade.gov/frn/. The signed
     could result in the Secretary’s                          James Maeder,
                                                                                                                    and electronic versions of the Issues and
     presumption that reimbursement of                        Associate Deputy Assistant Secretary for              Decision Memorandum are identical in
     antidumping duties occurred and the                      Antidumping and Countervailing Duty
                                                              Operations performing the duties of Deputy
                                                                                                                    content.
     subsequent assessment of doubled
     antidumping duties.                                      Assistant Secretary for Antidumping and               Period of Investigation
                                                              Countervailing Duty Operations.
        The preliminary results of review are                                                                          The period of investigation is January
                                                              [FR Doc. 2018–24792 Filed 11–13–18; 8:45 am]
     issued and published in accordance                                                                             1, 2017, through December 31, 2017.
                                                              BILLING CODE 3510–DS–P
     with sections 751(a)(1) and 777(i)(1) of                                                                       Scope of the Investigation
     the Act, and 19 CFR 351.221(b)(4).
                                                                                                                       The product covered by this
       Dated: November 1, 2018.                               DEPARTMENT OF COMMERCE                                investigation is large diameter welded
     James Maeder,                                                                                                  pipe from India. For a full description
                                                              International Trade Administration
     Associate Deputy Assistant Secretary for                                                                       of the scope of this investigation, see the
     Antidumping and Countervailing Duty                      [C–533–882]                                           ‘‘Scope of the Investigation’’ in
     Operations performing the duties of Deputy                                                                     Appendix I of this notice.
     Assistant Secretary for Antidumping and                  Large Diameter Welded Pipe From
     Countervailing Duty Operations.                          India: Final Affirmative Countervailing               Scope Comments
                                                              Duty Determination                                      During the course of this investigation
     Appendix
                                                                                                                    and the concurrent LTFV investigations
     List of Topics Discussed in the Preliminary              AGENCY:  Enforcement and Compliance,
     Decision Memorandum                                      International Trade Administration,                     1 See Large Diameter Welded Pipe from India:

     I. Summary                                               Department of Commerce.                               Preliminary Affirmative Countervailing Duty
                                                                                                                    Determination and Alignment of Final
     II. Background                                           SUMMARY: The Department of Commerce
                                                                                                                    Determination with Final Antidumping Duty
     III. Scope of the Order                                  (Commerce) determines that                            Determination, 83 FR 30690 (June 29, 2018)
     IV. Use of Facts Otherwise Available and                 countervailable subsidies are being                   (Preliminary Determination) and accompanying
           Adverse Inferences                                 provided to producers/exporters of large              Preliminary Decision Memorandum.
                                                                                                                      2 See Memorandum, ‘‘Issues and Decision
     V. Conclusion                                            diameter welded pipe welded pipe from                 Memorandum for the Final Affirmative
     [FR Doc. 2018–24793 Filed 11–13–18; 8:45 am]             India.                                                Determination of the Countervailing Duty
     BILLING CODE 3510–DS–P                                   DATES: Applicable November 14, 2018.                  Investigation of Large Diameter Welded Pipe from
                                                                                                                    India’’ (Issues and Decision Memorandum), dated
                                                              FOR FURTHER INFORMATION CONTACT:                      concurrently with this determination and hereby
       13 See   Antidumping Duty Order.                       Robert Palmer at (202) 482–9068 or                    adopted by this notice.



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     56820                    Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices

     of large diameter welded pipe from                      information, see ‘‘Use of Facts                            Border Protection (CBP) to suspend
     Canada, Greece, Korea, the People’s                     Otherwise Available and Adverse                            liquidation of entries of subject
     Republic of China (China) and Turkey,                   Inferences’’ in the Issues and Decision                    merchandise as described in the scope
     and the concurrent countervailing duty                  Memorandum.                                                of the investigation section entered, or
     investigations of large diameter welded                                                                            withdrawn from warehouse, for
                                                             Final Determination
     pipe from China, India, Korea and                                                                                  consumption on or after the date of
     Turkey, Commerce received scope                           In accordance with section                               publication in the Federal Register. In
     comments from interested parties.                       705(c)(1)(B)(i) of the Act, we calculated                  accordance with section 703(d) of the
     Commerce issued a Preliminary Scope                     an individual rate for each producer/                      Act, we issued instructions to CBP to
     Decision Memorandum 3 to address                        exporter of the subject merchandise                        discontinue the suspension of
     these comments. In the Preliminary                      individually investigated. In accordance                   liquidation for countervailing duty
     Determination, Commerce set aside a                     with section 705(c)(5)(A) of the Act, for                  (CVD) purposes for subject merchandise
     period of time for parties to address                   companies not individually                                 entered, or withdrawn from warehouse,
     scope issues in scope case and rebuttal                 investigated, we apply an ‘‘all-others’’                   on or after October 27, 2018, but to
     briefs.4 No interested parties submitted                rate, which is normally calculated by                      continue the suspension of liquidation
     scope comments in scope case or scope                   weighting the subsidy rates of the                         of all entries from June 29, 2018,
     rebuttal briefs. Therefore, for this final              individual companies selected as                           through October 26, 2018.
     determination, the scope of this                        mandatory respondents by those                                If the U.S. International Trade
     investigation remains unchanged from                    companies’’ exports of the subject                         Commission (ITC) issues a final
     that published in the Preliminary                       merchandise to the United States. Under                    affirmative injury determination, we
     Determination.                                          section 705(c)(5)(A)(i) of the Act, the all-               will issue a CVD order, will reinstate the
                                                             others rate excludes zero and de                           suspension of liquidation under section
     Analysis of Subsidy Programs and                        minimis rates calculated for the                           706(a) of the Act, and will require a cash
     Comments Received                                       exporters and producers individually                       deposit of estimated countervailing
        The subsidy programs under                           investigated, as well as rates based                       duties for such entries of subject
     investigation and the issues raised in                  entirely on facts otherwise available.                     merchandise in the amounts indicated
     the case and rebuttal briefs by parties in              Section 705(c)(5)(A)(ii) of the Act                        above. If the ITC determines that
     this investigation are discussed in the                 provides that if the countervailable                       material injury, or threat of material
     Issues and Decision Memorandum. A                       subsidy rate established for all exporters                 injury, does not exist, this proceeding
     list of the issues that parties raised, and             and producers individually investigated                    will be terminated and all estimated
     to which we responded in the Issues                     are zero, de minimis, or determined                        duties deposited or securities posted as
     and Decision Memorandum, is attached                    entirely in accordance with section 776                    a result of the suspension of liquidation
     to this notice at Appendix II.                          of the Act, Commerce may use any                           will be refunded or canceled.
     Methodology                                             reasonable method to establish an all-
                                                                                                                      Disclosure
                                                             others rate for exporters and producers
       Commerce conducted this                               not individually investigated. In this                     Normally, Commerce discloses
     investigation in accordance with section                case, the estimated countervailable                      calculations performed for a final
     701 of the Tariff Act of 1930, as                       subsidy rate calculated for the                          determination within five days of its
     amended (the Act). For each of the                      investigated companies is based entirely                 public announcement, or if there is no
     subsidy programs found                                  on facts available under section 776 of                  public announcement, within five days
     countervailable, Commerce determines                    the Act. There is no other information                   of the date of publication of this notice
     that there is a subsidy, i.e., a financial              on the record upon which to determine                    in accordance with 19 CFR 351.224(b).
     contribution by an ‘‘authority’’ that                   an all-others rate. As a result, we have                 However, Commerce applied AFA in
     gives rise to a benefit to the recipient,               used the rate assigned to Bhushan Steel                  determining the estimated
     and that the subsidy is specific.5 For a                and Welspun Trading Limited as the all-                  countervailable subsidy rate for the
     full description of the methodology                     others rate. This method is consistent                   individually examined companies
     underlying our final determination, see                 with the Department’s past practice.7                    (Bhushan Steel and Welspun Trading
     the Issues and Decision Memorandum.                       Commerce determines that the                           Limited) in this investigation, in
       In making these findings, Commerce                    following estimated countervailable                      accordance with section 776 of the Act.
     relied, in part, on facts otherwise                     subsidy rates exist:                                     Because our calculation of the AFA
     available and, because it finds that both                                                                        subsidy rate is outlined in Appendix I
     respondents and the Government of                                                                   Subsidy rate of the Preliminary Decision
     India did not act to the best of their                               Company                         (percent)   Memorandum, and because we made no
     ability to respond to Commerce’s                                                                                 changes to the Preliminary
     requests for information, it drew an                    Bhushan Steel ......................              541.15
     adverse inference where appropriate in                  Welspun Trading Limited ......                    541.15 Determination, there are no further
                                                             All-Others ..............................         541.15 calculations to disclose.
     selecting from among the facts
     otherwise available.6 For further                                                                                  International Trade Commission
                                                             Continuation of Suspension of                              Notification
                                                             Liquidation
       3 See Memorandum, ‘‘Scope Comments Decision
                                                                                                                          In accordance with section 705(d) of
     Memorandum for the Preliminary Determinations,’’          As a result of our Preliminary                           the Act, Commerce will notify the ITC
     dated June 19, 2018 (Preliminary Scope Decision         Determination and pursuant to section
     Memorandum).                                                                                                       of its determination. In addition, we are
       4 See Large Diameter Welded Pipe from India:          703(d)(1)(B) and (d)(2) of the Act,                        making available to the ITC all non-
     Preliminary Determination of Sales at Less Than         Commerce instructed U.S. Customs and                       privileged and non-proprietary
     Fair Value, 83 FR 43653 (August 27, 2018).                                                                         information related to this investigation.
       5 See sections 771(5)(B) and (D) of the Act             7 See, e.g., Certain Carbon and Alloy Steel Cut-to-
                                                                                                                        We will allow the ITC access to all
     regarding financial contribution; section 771(5)(E)     Length Plate from the People’s Republic of China:
     of the Act regarding benefit; and section 771(5A) of    Final Affirmative Countervailing Duty
                                                                                                                        privileged and business proprietary
     the Act regarding specificity.                          Determiniation, 82 FR 8507, 8508 (January 26,              information in our files, provided the
       6 See sections 776(a), (b), and 782(d) of the Act.    2017).                                                     ITC confirms that it will not disclose


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                             Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices                                                    56821

     such information, either publicly or                    and Materials (ASTM) standards A500, A252,            and POSCO/POSCO Daewoo Co., Ltd.
     under an administrative protective order                or A53, or other relevant domestic                    (collectively POSCO/PDW), the two
     (APO), without the written consent of                   specifications, grades and/or standards. Large        companies selected for individual
                                                             diameter welded pipe can be produced to
     the Assistant Secretary for Enforcement                                                                       examination, sold subject merchandise
                                                             comparable foreign specifications, grades
     and Compliance. Because Commerce’s                      and/or standards or to proprietary                    in the United States at prices below
     final determination is affirmative, in                  specifications, grades and/or standards, or           normal value during the POR. We invite
     accordance with section 705(b) of the                   can be non-graded material. All pipe meeting          interested parties to comment on these
     Act, the ITC will make its final                        the physical description set forth above is           preliminary results.
     determination as to whether the                         covered by the scope of this investigation,           DATES: Applicable November 14, 2018.
     domestic industry in the United States                  whether or not produced according to a
                                                             particular standard.                                  FOR FURTHER INFORMATION CONTACT:
     is materially injured, or threatened with                                                                     Benito Ballesteros or Justin Neuman,
     material injury, by reason of imports of                  Subject merchandise also includes large
                                                             diameter welded pipe that has been further            AD/CVD Operations, Office V,
     large diameter welded pipe from India                                                                         Enforcement and Compliance,
                                                             processed in a third country, including but
     no later than 45 days after this final                  not limited to coating, painting, notching,           International Trade Administration,
     determination.                                          beveling, cutting, punching, welding, or any          U.S. Department of Commerce, 1401
     Notification Regarding Administrative                   other processing that would not otherwise             Constitution Avenue NW, Washington,
     Protective Orders                                       remove the merchandise from the scope of              DC 20230; telephone: (202) (202) 482–
                                                             the investigation if performed in the country
       In the event that the ITC issues a final                                                                    7425 or (202) 482–0486, respectively.
                                                             of manufacture of the in-scope large diameter
     negative injury determination, this                     welded pipe.                                          SUPPLEMENTARY INFORMATION:
     notice will serve as the only reminder                    The large diameter welded pipe that is
                                                             subject to this investigation is currently
                                                                                                                   Background
     to parties subject to an APO of their
     responsibility concerning the                           classifiable in the Harmonized Tariff                    On December 7, 2017, Commerce
     destruction of proprietary information                  Schedule of the United States (HTSUS) under           initiated the antidumping duty
                                                             subheadings 7305.11.1030, 7305.11.1060,               administrative review on certain hot-
     disclosed under APO in accordance                       7305.11.5000, 7305.12.1030, 7305.12.1060,
     with 19 CFR 351.305(a)(3). Timely                                                                             rolled steel flat products (hot-rolled
                                                             7305.12.5000, 7305.19.1030, 7305.19.1060,
     written notification of the return/                     7305.19.5000, 7305.31.4000, 7305.31.6010,
                                                                                                                   steel) from the Republic of Korea
     destruction of APO materials or                         7305.31.6090, 7305.39.1000 and                        (Korea).1 Commerce selected two
     conversion to judicial protective order is              7305.39.5000. While the HTSUS subheadings             respondents for individual examination,
     hereby requested. Failure to comply                     are provided for convenience and customs              POSCO/PDW and Hyundai Steel
     with the regulations and terms of an                    purposes, the written description of the              Company. For a detailed description of
     APO is a violation which is subject to                  scope of this investigation is dispositive.           the events that followed the initiation of
     sanction.                                               Appendix II                                           this review, see the Preliminary
                                                                                                                   Decision Memorandum, dated
     Notification to Interested Parties                      List of Topics Discussed in the Issues and            concurrently with these preliminary
       This determination is issued and                      Decision Memorandum                                   results and hereby adopted by this
     published pursuant to sections 705(d)                   I. Summary                                            notice.2
     and 777(i) of the Act and 19 CFR                        II. Background                                           The Preliminary Decision
     351.210(c).                                             III. Use of Facts Otherwise Available and             Memorandum is a public document and
                                                                   Adverse Inferences                              is on file electronically via Enforcement
       Dated: November 1, 2018.                              IV. Analysis of Programs
     Gary Taverman,                                          V. Analysis of Comments
                                                                                                                   and Compliance’s Antidumping and
     Deputy Assistant Secretary for Antidumping                 Comment 1: Whether Commerce Properly               Countervailing Duty Centralized
     and Countervailing Duty Operations,                           Applied AFA in the Preliminary                  Electronic Service System (ACCESS).
     performing the non-exclusive functions and                    Determination                                   Access to ACCESS is available to
     duties of the Assistant Secretary for                      Comment 2: Whether Commerce Should                 registered users at http://
     Enforcement and Compliance.                                   Continue to Find the AAP, DDB, EPCG,            access.trade.gov and is available to all
                                                                   and MEIS Programs Countervailable               parties in the Central Records Unit,
     Appendix I                                              VI. Conclusion                                        Room B8024 of the main Department of
     Scope of the Investigation                              [FR Doc. 2018–24804 Filed 11–13–18; 8:45 am]          Commerce building. In addition, a
        The merchandise covered by this                      BILLING CODE 3510–DS–P                                complete version of the Preliminary
     investigation is welded carbon and alloy steel                                                                Decision Memorandum can be accessed
     pipe (including stainless steel pipe), more                                                                   directly on the internet at http://
     than 406.4 mm (16 inches) in nominal                    DEPARTMENT OF COMMERCE                                enforcement.trade.gov/frn/index.html.
     outside diameter (large diameter welded                                                                       A list of the topics discussed in the
     pipe), regardless of wall thickness, length,            International Trade Administration
     surface finish, grade, end finish, or                                                                         Preliminary Decision Memorandum is
     stenciling. Large diameter welded pipe may              [A–580–883]                                           attached at the Appendix to this notice.
     be used to transport oil, gas, slurry, steam, or                                                              The signed Preliminary Decision
     other fluids, liquids, or gases. It may also be         Certain Hot-Rolled Steel Flat Products                Memorandum and the electronic
     used for structural purposes, including, but            From the Republic of Korea:                           versions of the Preliminary Decision
     not limited to, piling. Specifically, not               Preliminary Results of Antidumping                    Memorandum are identical in content.
     included is large diameter welded pipe                  Duty Administrative Review; 2016–
     produced only to specifications of the                  2017                                                    1 See Initiation of Antidumping and
     American Water Works Association (AWWA)
                                                                                                                   Countervailing Duty Administrative Reviews, 82 FR
     for water and sewage pipe.                              AGENCY:  Enforcement and Compliance,                  21513 (May 9, 2017).
        Large diameter welded pipe used to                   International Trade Administration,                     2 See Memorandum, ‘‘Decision Memorandum for
     transport oil, gas, or natural gas liquids is           Department of Commerce.                               the Preliminary Results of the Antidumping Duty
     normally produced to the American                                                                             Administrative Review: Certain Cold Rolled Steel
     Petroleum Institute (API) specification 5L.             SUMMARY: The Department of Commerce
                                                                                                                   Flat Products from the Republic of Korea; 2016–
     Large diameter welded pipe may also be                  (Commerce) preliminarily determines                   2017,’’ dated October 3, 2018 (Preliminary Decision
     produced to American Society for Testing                that Hyundai Steel Company (Hyundai)                  Memorandum).



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Document Created: 2018-11-14 03:31:48
Document Modified: 2018-11-14 03:31:48
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.
ContactRobert Palmer at (202) 482-9068 or Suzanne Lam at (202) 482-0783, 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 56819 

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