83 FR 7148 - Large Diameter Welded Pipe From India, the People's Republic of China, the Republic of Korea, and the Republic of Turkey: Initiation of Countervailing Duty Investigations

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 34 (February 20, 2018)

Page Range7148-7153
FR Document2018-03304

Federal Register, Volume 83 Issue 34 (Tuesday, February 20, 2018)
[Federal Register Volume 83, Number 34 (Tuesday, February 20, 2018)]
[Notices]
[Pages 7148-7153]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03304]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-882, C-570-078, C-580-898, C-489-834]


Large Diameter Welded Pipe From India, the People's Republic of 
China, the Republic of Korea, and the Republic of Turkey: Initiation of 
Countervailing Duty Investigations

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


DATES: Applicable February 9, 2018.

FOR FURTHER INFORMATION CONTACT: Robert Palmer at (202) 482-9068 
(India), Jerry Huang at (202) 482-4047 (the People's Republic of China 
(China)), George Ayache at (202) 482-2623 (the Republic of Korea 
(Korea)), and Ajay Menon at (202) 482-1993 (the Republic of Turkey 
(Turkey)), AD/CVD Operations, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

The Petitions

    On January 17, 2018, the U.S. Department of Commerce (Commerce) 
received countervailing duty (CVD) Petitions concerning imports of 
large diameter welded pipe (welded pipe) from China, India, Korea, and 
Turkey, filed in proper form on behalf of Berg Steel Pipe Corp., Dura-
Bond Industries, Stupp Corporation, American Cast Iron Pipe Company, 
and Skyline Steel (collectively, the petitioners).\1\ The CVD Petitions 
were accompanied by antidumping duty (AD) Petitions concerning imports 
of welded pipe from Canada, China, Greece, India, Korea, and Turkey. 
The petitioners are domestic producers of welded pipe.\2\
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    \1\ See Petitioners' letter, ``Large Diameter Welded Pipe from 
Canada, Greece, India, the People's Republic of China, the Republic 
of Korea, and the Republic of Turkey: Petitions for the Imposition 
of Antidumping and Countervailing Duties,'' dated January 17, 2018 
(the Petitions).
    \2\ Id. at Volume I of the Petition at 2.
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    Commerce exercised its discretion to toll all deadlines affected by 
the closure of the Federal Government from January 20 through 22, 2018. 
If the new deadline falls on a non-business day, in accordance with 
Commerce's practice, the deadline will become the next business day. 
The revised deadline for the initiation of these investigations is now 
February 9, 2018.\3\
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    \3\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by three days.
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    On January 23 and 26, 2018, Commerce requested supplemental 
information pertaining to certain aspects of the Petitions.\4\ The 
petitioners filed responses to these requests on January 25, 26, and 
29, 2018.\5\ On February 5,

[[Page 7149]]

2018, the petitioners submitted certain revisions to the scope.\6\
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    \4\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping Duties on Imports of Large Diameter Welded Pipe from 
Canada, Greece, India, the People's Republic of China, the Republic 
of Korea, and the Republic of Turkey and Countervailing Duties on 
Imports from India, the Republic of China, the Republic of Korea, 
and the Republic of Turkey: Supplemental Questions,'' (General 
Issues Supplemental Questionnaire); ``Petition for the Imposition of 
Countervailing Duties on Imports of Large Diameter Welded Pipe from 
India: Supplemental Questions;'' ``Petition for the Imposition of 
Countervailing Duties on Imports of Large Diameter Welded Pipe from 
the People's Republic of China: Supplemental Questions;'' ``Petition 
for the Imposition of Countervailing Duties on Imports of Large 
Diameter Welded Pipe from the Republic of Korea: Supplemental 
Questions;'' and ``Petition for the Imposition of Countervailing 
Duties on Imports of Large Diameter Welded Pipe from the Republic of 
Turkey: Supplemental Questions.'' All of these documents are dated 
January 23, 2018. See also Commerce's Letter, ``Petition for the 
Imposition of Countervailing Duties on Imports of Large Diameter 
Welded Pipe from the Republic of Turkey: Supplemental Questions,'' 
dated January 26, 2018.
    \5\ See Petitioners' Letters, ``Large Diameter Welded Pipe from 
Canada, Greece, India, the People's Republic of China, the Republic 
of Korea and the Republic of Turkey: Response to the Department's 
January 23, 2018 Supplemental Questions Regarding Volume IX of the 
Petition 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: Response to the Department's January 23, 2018 
Supplemental Questions Regarding Volume V of the Petition 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: 
Response to the Department's January 23, 2018 Supplemental Questions 
Regarding Volume VII of the Petition for the Imposition of 
Antidumping and Countervailing Duties;'' and ``Large Diameter Welded 
Pipe from Canada, Greece, India, the People's Republic of China, the 
Republic of Korea and the Republic of Turkey: Response to the 
Department's January 23, 2018 Supplemental Questions Regarding 
Volume XI of the Petition for the Imposition of Antidumping and 
Countervailing Duties.'' All of these documents are dated January 
25, 2018. See also Petitioners' Letter, ``Large Diameter Welded Pipe 
from Canada, Greece, India, the People's Republic of China, the 
Republic of Korea and the Republic of Turkey: Response to the 
Department's January 23, 2018 Supplemental Questions Regarding 
Volume I of the Petition for the Imposition of Antidumping and 
Countervailing Duties,'' dated January 26, 2018 (General Issues 
Supplement). See also Petitioners' Letter, ``Large Diameter Welded 
Pipe from Canada, Greece, India, the People's Republic of China, the 
Republic of Korea and the Republic of Turkey: Response to the 
Department's January 26, 2018 Supplemental Questions Regarding 
Volume XI of the Petition for the Imposition of Antidumping and 
Countervailing Duties,'' dated January 29, 2018.
    \6\ See Memorandum, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Large Diameter Welded Pipe 
from Canada, Greece, India, the People's Republic of China, the 
Republic of Korea, and the Republic of Turkey: Phone Call with 
Counsel to the Petitioners,'' dated February 1, 2018; see also 
Petitioners' Letter, ``Large Diameter Welded Pipe from Canada, 
Greece, India, the People's Republic of China, the Republic of Korea 
and the Republic of Turkey: Petition Supplement on Scope and 
Industry Support,'' dated February 5, 2018 (Scope and Industry 
Support Supplement).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that the Governments of 
China, India, Korea, and Turkey (GOC, GOI, GOK, and GOT, respectively) 
are providing countervailable subsidies, within the meaning of sections 
701 and 771(5) of the Act, to producers of welded pipe in China, India, 
Korea, and Turkey, and imports of such products are materially 
injuring, or threatening material injury to, the domestic welded pipe 
industry in the United States. Consistent with section 702(b)(1) of the 
Act and 19 CFR 351.202(b), for those alleged programs on which we are 
initiating a CVD investigation, the Petitions are accompanied by 
information reasonably available to the petitioners supporting their 
allegations.
    Commerce finds that the petitioners filed the Petitions on behalf 
of the domestic industry because the petitioners are interested parties 
as defined in section 771(9)(C) of the Act. Commerce also finds that 
the petitioners demonstrated sufficient industry support necessary for 
the initiation of the requested CVD investigations.\7\
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    \7\ See ``Determination of Industry Support for the Petition'' 
section, infra.
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Period of Investigation

    Because the Petitions were filed on January 17, 2018, the period of 
investigation for each of the investigations is January 1, 2017, 
through December 31, 2017.

Scope of the Investigations

    The product covered by these investigations is large diameter 
welded pipe from China, India, Korea, and Turkey. For a full 
description of the scope of these investigations, see the Appendix to 
this notice.

Comments on Scope of the Investigations

    During our review of the Petitions, Commerce issued questions to, 
and received responses from, the petitioners pertaining to the proposed 
scope to ensure that the scope language in the Petitions is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\8\ As a result of these exchanges, the scope of the Petitions 
was modified to clarify the description of merchandise covered by the 
Petitions. The description of the merchandise covered by this 
initiation, as described in the Appendix to this notice, reflects these 
clarifications.
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    \8\ See General Issues Supplemental Questionnaire, at 4-5.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (scope).\9\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information,\10\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit such comments by 5:00 p.m. Eastern Time 
(ET) on March 1, 2018, which is 20 calendar days from the signature 
date of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on March 12, 2018, which is 
the next business day after 10 calendar days from the initial comments 
deadline.\11\
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    \9\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \11\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information parties consider 
relevant to the scope of the investigations be submitted during this 
period. However, if a party subsequently finds that additional factual 
information pertaining to the scope of the investigations may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. All such submissions must be filed 
on the records of each of the concurrent AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\12\ An electronically 
filed document must be received successfully in its entirety by the 
time and date it is due. Documents exempted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, and stamped with the date and time of receipt by the applicable 
deadlines.
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    \12\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011). See also Enforcement and 
Compliance: Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, which went into effect on August 5, 2011. Information 
on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified representatives of the GOC, GOI, GOK, and GOT of the receipt 
of the Petitions, and provided them the opportunity for consultations 
with respect to the CVD Petitions.\13\ Consultations were held

[[Page 7150]]

with the GOI on February 2, 2018; with the GOK on January 26, 2018; and 
with the GOT on January 30, 2018.\14\ The GOC did not request 
consultations.
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    \13\ See Letter from Paul Walker, Program Manager, Office V, to 
the Embassy of China ``Countervailing Duty Petition on Large 
Diameter Welded Pipe from the People's Republic of China: Invitation 
for Consultations to Discuss the Countervailing Duty Petition,'' 
dated January 29, 2018; Letter from Kathleen Marksberry, Program 
Manager, Office VIII, to the Embassy of India ``Countervailing Duty 
Petition on Large Diameter Welded Pipe from India: Invitation for 
Consultations to Discuss the Countervailing Duty Petition,'' dated 
January 17, 2018; Letter from Kathleen Marksberry, Program Manager, 
Office VIII, to the Embassy of the Republic of Korea 
``Countervailing Duty Petition on Large Diameter Welded Pipe from 
the Republic of Korea,'' dated January 17, 2018; and Letter from 
Melissa Skinner, Director, Office II to the Embassy of the Republic 
of Turkey ``Large Diameter Welded Pipe from the Republic of Turkey: 
Invitation for Consultations to Discuss the Countervailing Duty 
Petition,'' dated January 18, 2018.
    \14\ See Memorandum, ``Consultations with Officials from the 
Government of India Regarding the Countervailing Duty Petition on 
Large Diameter Welded Pipe from India,'' dated February 7, 2018; 
Memorandum, ``Consultations with Government Officials from the 
Republic of Korea on the Countervailing Duty Petition Regarding 
Large Diameter Welded Pipe from the Republic of Korea,'' dated 
February 1, 2018; and Memorandum, ``Countervailing Duty Petition 
Regarding Large Diameter Welded Pipe from the Republic of Turkey: 
Consultations with Government of Turkey,'' dated January 30, 2018.
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Determination of Industry Support for the Petitions

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\15\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\16\
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    \15\ See section 771(10) of the Act.
    \16\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioners do not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\17\ Based on our analysis of the information 
submitted on the record, we have determined that welded pipe, as 
defined in the scope, constitutes a single domestic like product, and 
we have analyzed industry support in terms of that domestic like 
product.\18\
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    \17\ See Volume I of the Petitions, at 15; see also General 
Issues Supplement, at 7-10.
    \18\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Countervailing Duty Investigation Initiation Checklist: Large 
Diameter Welded Pipe from India (India CVD Initiation Checklist), at 
Attachment II; Countervailing Duty Investigation Initiation 
Checklist: Large Diameter Welded Pipe from the People's Republic of 
China (China CVD Initiation Checklist), at Attachment II; 
Countervailing Duty Investigation Initiation Checklist: Large 
Diameter Welded Pipe from the Republic of Korea (Korea CVD 
Initiation Checklist), at Attachment II; and Countervailing Duty 
Investigation Initiation Checklist: Large Diameter Welded Pipe from 
the Republic of Turkey (Turkey CVD Initiation Checklist), at 
Attachment II. These checklists are dated concurrently with this 
notice and on file electronically via ACCESS. Access to documents 
filed via ACCESS is also available in the Central Records Unit, Room 
B8024 of the main Department of Commerce building.
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    In determining whether the petitioners have standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the Appendix to 
this notice. The petitioners provided their own 2017 shipments of the 
domestic like product and 2017 shipments by supporters of the 
petitions.\19\ The petitioners compared the total quantity of these 
shipments to the estimated total shipments of the domestic like product 
for the entire domestic industry.\20\ The petitioners explained that 
they relied on shipment data because production data for the entire 
domestic industry are not available.\21\ In addition, the petitioners 
provided a comparison of their own production and shipment data to 
demonstrate that shipments are a reasonable proxy for data on 
production of welded pipe.\22\ We relied on data the petitioners 
provided for purposes of measuring industry support.\23\
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    \19\ See Volume I of the Petitions, at 4 and Exhibit I-4; see 
also letter from the petitioners to Commerce dated January 31, 2018, 
``Supplement to the Petitions for the Imposition of Antidumping and 
Countervailing Duties: Industry Support'' (Industry Support 
Supplement), at 2-3 and Exhibit I-Supp2-1; see also Scope and 
Industry Support Supplement, at Exhibit I-Supp. 3-3.
    \20\ Id.
    \21\ See Industry Support Supplement, at 3.
    \22\ Id., at 3 and Exhibits I-Supp-2-1 and I-Supp2-2.
    \23\ Id. For further discussion, see Attachment II of the China 
CVD Initiation Checklist, India CVD Initiation Checklist, Korea CVD 
Initiation Checklist, and Turkey CVD Initiation Checklist.
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    Our review of the data provided in the Petitions, General Issues 
Supplement, Industry Support Supplement, Scope and Industry Support 
Supplement, and other information readily available to Commerce 
indicates that the petitioners have established industry support for 
the Petitions.\24\ First, the Petitions established support from 
domestic producers (or workers) accounting for more than 50 percent of 
the total production of the domestic like product and, as such, 
Commerce is not required to take further action in order to evaluate 
industry support (e.g., polling).\25\ Second, the domestic producers 
(or workers) have met the statutory criteria for industry support under 
section 702(c)(4)(A)(i) of the Act because the domestic producers (or 
workers) who support the Petitions account for at least 25 percent of 
the total production of the domestic like product.\26\ Finally, the 
domestic producers (or workers) have met the statutory criteria for 
industry support under section 702(c)(4)(A)(ii) of the Act because the 
domestic producers (or workers) who support the Petitions account for 
more than 50 percent of the production of the domestic like product 
produced by that portion of the industry expressing support for, or 
opposition to, the Petitions.\27\ Accordingly, Commerce determines that 
the Petitions were filed on behalf of the domestic industry

[[Page 7151]]

within the meaning of section 702(b)(1) of the Act.
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    \24\ Id.
    \25\ Id.; see also section 702(c)(4)(D) of the Act.
    \26\ See Attachment II of the China CVD Initiation Checklist, 
India CVD Initiation Checklist, Korea CVD Initiation Checklist, and 
Turkey CVD Initiation Checklist.
    \27\ Id.
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    Commerce finds that the petitioners filed the Petitions on behalf 
of the domestic industry because they are interested parties as defined 
in section 771(9)(C) of the Act, and they have demonstrated sufficient 
industry support with respect to the CVD investigations that they are 
requesting that Commerce initiate.\28\
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    \28\ Id.
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    In letters dated January 25, January 29, and February 5, 2018, 
Borusan Mannesmann Boru Sanayi ve Ticaret A.S. and Borusan Istikbal 
Ticaret T.A.S. (collectively, Borusan), a Turkish producer and 
exporter, submitted comments on industry support. The petitioners 
responded to these comments in the Scope and Industry Support 
Supplement, dated February 5, 2018. For further discussion of these 
comments, see Attachment II of the China CVD Initiation Checklist, 
India CVD Initiation Checklist, Korea CVD Initiation Checklist, and 
Turkey CVD Initiation Checklist.

Injury Test

    Because India, China, Korea, and Turkey are ``Subsidies Agreement 
Countries'' within the meaning of section 701(b) of the Act, section 
701(a)(2) of the Act applies to this investigation. Accordingly, the 
ITC must determine whether imports of the subject merchandise from 
India, China, Korea, and Turkey materially injure, or threaten material 
injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioners allege that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioners 
allege that subject imports exceed the negligibility threshold provided 
for under section 771(24)(A) of the Act.\29\ In CVD petitions, section 
771(24)(B) of the Act provides that imports of subject merchandise from 
developing and least developed countries must exceed the negligibility 
threshold of four percent. The petitioners have adequately demonstrated 
that subject imports from India, which has been designated as a least 
developed country under section 771(36)(B) of the Act, exceeded the 
negligibility threshold of four percent during the period of 
investigation.\30\
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    \29\ See Volume I of the Petitions, at 26-27 and Exhibit I-11; 
see also General Issues Supplement, at 15-18 and Exhibits I-Supp-10 
and I-Supp-11.
    \30\ Id.
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    The petitioners contend that the industry's injured condition is 
illustrated by a significant volume of subject imports; reduced market 
share; underselling and price depression or suppression; lost sales and 
revenues; and a negative impact on the domestic industry's U.S. 
shipments, capacity utilization, production, and financial 
performance.\31\ We have assessed the allegations and supporting 
evidence regarding material injury, threat of material injury, and 
causation, and we have determined that these allegations are properly 
supported by adequate evidence, and meet the statutory requirements for 
initiation.\32\
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    \31\ Id., at 13-15, 18-43 and Exhibits I-5 and I-8 through I-18; 
see also General Issues Supplement, at 1, 15-18 and Exhibits I-Supp-
1, I-Supp-2, I-Supp-10 and I-Supp-11.
    \32\ See China CVD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Large Diameter Welded Pipe from Canada, Greece, India, the 
People's Republic of China, the Republic of Korea, and the Republic 
of Turkey (Attachment III); see also India CVD Initiation Checklist, 
at Attachment III; see also Korea CVD Initiation Checklist, at 
Attachment III; see also Turkey CVD Initiation Checklist, at 
Attachment III.
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Initiation of CVD Investigations

    Based on the examination of the Petitions, we find that the 
Petitions meet the requirements of section 702 of the Act. Therefore, 
we are initiating CVD investigations to determine whether imports of 
welded pipe from China, India, Korea, and Turkey benefit from 
countervailable subsidies conferred by the GOC, GOI, GOK, and GOT, 
respectively. In accordance with section 703(b)(1) of the Act and 19 
CFR 351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 65 days after the date of this initiation.
    Numerous amendments to the AD and CVD laws were made pursuant to 
the Trade Preferences Extension Act of 2015.\33\ The amendments to 
sections 776 and 782 of the Act are applicable to all determinations 
made on or after August 6, 2015, and, therefore, apply to these CVD 
investigations.\34\
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    \33\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015). See also Dates of Application of 
Amendments to the Antidumping and Countervailing Duty Laws Made by 
the Trade Preferences Extension Act of 2015, 80 FR 46793 (August 6, 
2015) (Applicability Notice). The 2015 amendments may be found at 
https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
    \34\ See Applicability Notice, 80 FR at 46794-95.
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China

    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation on 27 of the 28 
alleged programs, and to partially initiate on the 28th program. For a 
full discussion of the basis for our decision to initiate on each 
program, see China CVD Initiation Checklist. A public version of the 
initiation checklist for this investigation is available on ACCESS.

India

    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation on 70 of the 72 
alleged programs. For a full discussion of the basis for our decision 
to initiate on each program, see India CVD Initiation Checklist. A 
public version of the initiation checklist for this investigation is 
available on ACCESS.

Korea

    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation on 20 of the 21 
alleged programs. For a full discussion of the basis for our decision 
to initiate on each program, see Korea CVD Initiation Checklist. A 
public version of the initiation checklist for this investigation is 
available on ACCESS.

Turkey

    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation on all 15 
alleged programs. For a full discussion of the basis for our decision 
to initiate on each program, see Turkey CVD Initiation Checklist. A 
public version of the initiation checklist for this investigation is 
available on ACCESS.

Respondent Selection

    The petitioners named 157 companies in China,\35\ 26 companies in 
India,\36\ 28 companies in Korea,\37\ and 13 companies in Turkey,\38\ 
as producers/exporters of welded pipe. Commerce intends to follow its 
standard practice in CVD investigations and calculate company-specific 
subsidy rates in these investigations. In the event Commerce determines 
that the number of companies is large and it cannot individually 
examine each company based upon Commerce's resources,

[[Page 7152]]

where appropriate, Commerce intends to select mandatory respondents 
based on U.S. Customs and Border Protection (CBP) data for U.S. imports 
of welded pipe from China, India, Korea, and Turkey during the POI 
under the appropriate Harmonized Tariff Schedule of the United States 
numbers listed in the ``Scope of the Investigation,'' in the Appendix.
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    \35\ See General Issues and China AD Supplement, at Exhibit I-
Supp-4.
    \36\ See the Petitions at Exhibit I-3.
    \37\ Id.
    \38\ Id.
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    On February 1, 2018 (for India and Korea), February 2, 2018 (for 
China), and February 6, 2018 (for Turkey), Commerce released CBP data 
under Administrative Protective Order (APO) to all parties with access 
to information protected by APO and indicated that interested parties 
wishing to comment regarding the CBP data and respondent selection must 
do so within three business days of the publication date of the notice 
of initiation of these CVD investigations.\39\ Commerce will not accept 
rebuttal comments regarding the CBP data or respondent selection.
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    \39\ See Memorandum, ``Large Diameter Welded Pipe from India 
Countervailing Duty Petition: Release of Customs Data from U.S. 
Customs and Border Protection,'' dated February 1, 2018; Memorandum, 
``Large Diameter Welded Pipe from the Republic of Korea 
Countervailing Duty Petition: Release of Customs Data from U.S. 
Customs and Border Protection,'' dated February 1, 2018; Memorandum, 
``Large Diameter Welded Pipe from the People's Republic of China 
Releasing U.S. Customs and Border Protection Data,'' dated February 
2, 2018; and Memorandum, ``Large Diameter Welded Pipe from the 
Republic of Turkey Countervailing Duty Petition: Release of Customs 
Data from U.S. Customs and Border Protection,'' dated February 6, 
2018.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on the Commerce's website at http://enforcement.trade.gov/apo.
    Comments must be filed electronically using ACCESS. An 
electronically filed document must be received successfully, in its 
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above. 
We intend to finalize our decisions regarding respondent selection 
within 20 days of publication of this notice.

Distribution of Copies of the Petitions

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), copies of the public versions of the Petitions have been 
provided to the GOC, GOI, GOK, and GOT via ACCESS. To the extent 
practicable, we will attempt to provide a copy of the public version of 
the Petitions to each exporter named in the Petitions, as provided 
under 19 CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
702(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that imports of welded pipe from China, India, Korea, and 
Turkey are materially injuring, or threatening material injury to, a 
U.S. industry.\40\ A negative ITC determination for any country will 
result in the investigation being terminated with respect to that 
country.\41\ Otherwise, these investigations will proceed according to 
statutory and regulatory time limits.
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    \40\ See section 703(a)(2) of the Act.
    \41\ See section 703(a)(1) of the Act.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). 19 CFR 351.301(b) requires any 
party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
\42\ and, if the information is submitted to rebut, clarify, or correct 
factual information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct.\43\ Time limits for 
the submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Interested parties should review the 
regulations prior to submitting factual information in these 
investigations.
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    \42\ See 19 CFR 351.301(b).
    \43\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301. For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in the letter or memorandum setting 
forth the deadline (including a specified time) by which extension 
requests must be filed to be considered timely. An extension request 
must be made in a separate, stand-alone submission; under limited 
circumstances we will grant untimely-filed requests for the extension 
of time limits. Parties should review Extension of Time Limits; Final 
Rule, 78 FR 57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to 
submitting factual information in these investigations.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\44\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\45\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable revised 
certification requirements.
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    \44\ See section 782(b) of the Act.
    \45\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce 
published Antidumping and Countervailing Duty Proceedings: Documents 
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 
Parties wishing to participate in this investigation should ensure that 
they meet the requirements of these procedures (e.g., the filing of 
letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act and 19 CFR 351.203(c).


[[Page 7153]]


    Dated: February 9, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, performing the duties of Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations.

Appendix

Scope of the Investigations

    The merchandise covered by these investigations is welded carbon 
and alloy 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 these 
investigations, 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 investigations if 
performed in the country of manufacture of the in-scope large 
diameter welded pipe.
    Excluded from the scope are any products covered by the existing 
antidumping duty orders on welded line pipe from the Republic of 
Korea, welded line pipe from the Republic of Turkey, and welded ASTM 
A-312 stainless steel pipe from Korea, as well as any products 
covered by the existing countervailing duty order on welded line 
pipe from Turkey. See Welded Line Pipe from the Republic of Korea 
and the Republic of Turkey: Antidumping Duty Orders, 80 FR 75056 
(December 1, 2015); Welded ASTM A-312 Stainless Steel Pipe from 
South Korea: Antidumping Duty Order, 57 FR 62300 (December 30, 
1992); and Welded Line Pipe from the Republic of Turkey: 
Countervailing Duty Order, 80 FR 75054 (December 1, 2015).
    The large diameter welded pipe that is subject to these 
investigations 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 these investigations is dispositive.

[FR Doc. 2018-03304 Filed 2-16-18; 8:45 am]
 BILLING CODE 3510-DS-P


Current View
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 February 9, 2018.
ContactRobert Palmer at (202) 482-9068 (India), Jerry Huang at (202) 482-4047 (the People's Republic of China (China)), George Ayache at (202) 482-2623 (the Republic of Korea (Korea)), and Ajay Menon at (202) 482-1993 (the Republic of Turkey (Turkey)), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
FR Citation83 FR 7148 

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