83_FR_7182 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

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.
---------------------------------------------------------------------------

    \40\ See section 703(a)(2) of the Act.
    \41\ See section 703(a)(1) of the Act.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \42\ See 19 CFR 351.301(b).
    \43\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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



                                                7148                        Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices

                                                months. Accordingly, Commerce’s final                   III. Period of Investigation                          Steel Pipe Corp., Dura-Bond Industries,
                                                determination will publish no later than                IV. Postponement of Final Determination and           Stupp Corporation, American Cast Iron
                                                135 days after the publication of the                         Extension of Provisional Measures               Pipe Company, and Skyline Steel
                                                                                                        V. Scope Comments
                                                preliminary determination notice.                                                                             (collectively, the petitioners).1 The CVD
                                                                                                        VI. Scope of the Investigation
                                                                                                        VII. Discussion of the Methodology                    Petitions were accompanied by
                                                International Trade Commission
                                                                                                           A. Non-Market Economy Country                      antidumping duty (AD) Petitions
                                                Notification
                                                                                                           B. Surrogate Country and Surrogate Value           concerning imports of welded pipe from
                                                   In accordance with section 733(f) of                       Comments                                        Canada, China, Greece, India, Korea,
                                                the Act, Commerce will notify the                          C. Separate Rates                                  and Turkey. The petitioners are
                                                International Trade Commission (ITC) of                    D. Affiliation                                     domestic producers of welded pipe.2
                                                its preliminary determination. If the                      E. China-Wide Entity                                  Commerce exercised its discretion to
                                                final determination is affirmative, the                    F. Application of Facts Available and              toll all deadlines affected by the closure
                                                ITC will determine before the later of                        Adverse Inferences                              of the Federal Government from January
                                                120 days after the date of this                            G. Date of Sale
                                                                                                           H. Comparisons to Fair Value
                                                                                                                                                              20 through 22, 2018. If the new deadline
                                                preliminary determination or 45 days                                                                          falls on a non-business day, in
                                                                                                           I. U.S. Price
                                                after the final determination whether                      J. Value-Added Tax (VAT)                           accordance with Commerce’s practice,
                                                these imports are materially injuring, or                  K. Normal Value                                    the deadline will become the next
                                                threaten material injury to, the U.S.                      L. Factor Valuation Methodology                    business day. The revised deadline for
                                                industry.                                               VIII. Currency Conversion                             the initiation of these investigations is
                                                                                                        IX. Adjustment Under Section 777(A)(F) of             now February 9, 2018.3
                                                Notification to Interested Parties                            the Act                                            On January 23 and 26, 2018,
                                                  This determination is issued and                      X. Critical Circumstances                             Commerce requested supplemental
                                                published in accordance with sections                   XI. Adjustment for Countervailable Export
                                                                                                                                                              information pertaining to certain aspects
                                                733(f) and 777(i)(1) of the Act and 19                        Subsidies
                                                                                                        XII. Verification                                     of the Petitions.4 The petitioners filed
                                                CFR 351.205(c).                                                                                               responses to these requests on January
                                                                                                        XIII. Conclusion
                                                  Dated: February 12, 2018.                                                                                   25, 26, and 29, 2018.5 On February 5,
                                                                                                        [FR Doc. 2018–03404 Filed 2–16–18; 8:45 am]
                                                Christian Marsh,
                                                                                                        BILLING CODE 3510–DS–P                                   1 See Petitioners’ letter, ‘‘Large Diameter Welded
                                                Acting Assistant Secretary for Enforcement
                                                and Compliance.                                                                                               Pipe from Canada, Greece, India, the People’s
                                                                                                                                                              Republic of China, the Republic of Korea, and the
                                                Appendix I                                              DEPARTMENT OF COMMERCE                                Republic of Turkey: Petitions for the Imposition of
                                                                                                                                                              Antidumping and Countervailing Duties,’’ dated
                                                Scope of the Investigation                              International Trade Administration                    January 17, 2018 (the Petitions).
                                                                                                                                                                 2 Id. at Volume I of the Petition at 2.
                                                   The merchandise covered by this
                                                investigation is cast iron soil pipe fittings,          [C–533–882, C–570–078, C–580–898, C–489–                 3 See Memorandum for The Record from

                                                                                                        834]                                                  Christian Marsh, Deputy Assistant Secretary for
                                                finished and unfinished, regardless of
                                                                                                                                                              Enforcement and Compliance, performing the non-
                                                industry or proprietary specifications, and                                                                   exclusive functions and duties of the Assistant
                                                regardless of size. Cast iron soil pipe fittings        Large Diameter Welded Pipe From
                                                                                                                                                              Secretary for Enforcement and Compliance,
                                                are nonmalleable iron castings of various               India, the People’s Republic of China,                ‘‘Deadlines Affected by the Shutdown of the
                                                designs and sizes, including, but not limited           the Republic of Korea, and the                        Federal Government’’ (Tolling Memorandum),
                                                to, bends, tees, wyes, traps, drains, and other         Republic of Turkey: Initiation of                     dated January 23, 2018. All deadlines in this
                                                common or special fittings, with or without             Countervailing Duty Investigations                    segment of the proceeding have been extended by
                                                side inlets.                                                                                                  three days.
                                                   Cast iron soil pipe fittings are classified          AGENCY:  Enforcement and Compliance,                     4 See Commerce’s Letters, ‘‘Petitions for the

                                                into two major types—hubless and hub and                International Trade Administration,                   Imposition of Antidumping Duties on Imports of
                                                                                                                                                              Large Diameter Welded Pipe from Canada, Greece,
                                                spigot. Hubless cast iron soil pipe fittings are        Department of Commerce.                               India, the People’s Republic of China, the Republic
                                                manufactured without a hub, generally in                                                                      of Korea, and the Republic of Turkey and
                                                compliance with Cast Iron Soil Pipe Institute           DATES: Applicable February 9, 2018.
                                                                                                                                                              Countervailing Duties on Imports from India, the
                                                (CISPI) specification 301 and/or American               FOR FURTHER INFORMATION CONTACT:                      Republic of China, the Republic of Korea, and the
                                                Society for Testing and Materials (ASTM)                Robert Palmer at (202) 482–9068 (India),              Republic of Turkey: Supplemental Questions,’’
                                                specification A888. Hub and spigot pipe                 Jerry Huang at (202) 482–4047 (the                    (General Issues Supplemental Questionnaire);
                                                fittings have hubs into which the spigot                People’s Republic of China (China)),                  ‘‘Petition for the Imposition of Countervailing
                                                (plain end) of the pipe or fitting is inserted.                                                               Duties on Imports of Large Diameter Welded Pipe
                                                                                                        George Ayache at (202) 482–2623 (the                  from India: Supplemental Questions;’’ ‘‘Petition for
                                                Cast iron soil pipe fittings are generally
                                                distinguished from other types of
                                                                                                        Republic of Korea (Korea)), and Ajay                  the Imposition of Countervailing Duties on Imports
                                                nonmalleable cast iron fittings by the manner           Menon at (202) 482–1993 (the Republic                 of Large Diameter Welded Pipe from the People’s
                                                                                                        of Turkey (Turkey)), AD/CVD                           Republic of China: Supplemental Questions;’’
                                                in which they are connected to cast iron soil                                                                 ‘‘Petition for the Imposition of Countervailing
                                                pipe and other fittings.                                Operations, Enforcement and                           Duties on Imports of Large Diameter Welded Pipe
                                                   The subject imports are normally classified          Compliance, International Trade                       from the Republic of Korea: Supplemental
                                                in subheading 7307.11.0045 of the                       Administration, U.S. Department of                    Questions;’’ and ‘‘Petition for the Imposition of
                                                Harmonized Tariff Schedule of the United                Commerce, 1401 Constitution Avenue                    Countervailing Duties on Imports of Large Diameter
                                                States (HTSUS): Cast fittings of nonmalleable                                                                 Welded Pipe from the Republic of Turkey:
                                                                                                        NW, Washington, DC 20230.                             Supplemental Questions.’’ All of these documents
                                                cast iron for cast iron soil pipe. The HTSUS
                                                subheading and specifications are provided              SUPPLEMENTARY INFORMATION:                            are dated January 23, 2018. See also Commerce’s
                                                                                                                                                              Letter, ‘‘Petition for the Imposition of
                                                for convenience and customs purposes only;              The Petitions                                         Countervailing Duties on Imports of Large Diameter
sradovich on DSK3GMQ082PROD with NOTICES




                                                the written description of the scope of this                                                                  Welded Pipe from the Republic of Turkey:
                                                investigation is dispositive.                              On January 17, 2018, the U.S.                      Supplemental Questions,’’ dated January 26, 2018.
                                                                                                        Department of Commerce (Commerce)                        5 See Petitioners’ Letters, ‘‘Large Diameter Welded
                                                Appendix II                                             received countervailing duty (CVD)                    Pipe from Canada, Greece, India, the People’s
                                                List of Topics Discussed in the Preliminary             Petitions concerning imports of large                 Republic of China, the Republic of Korea and the
                                                Decision Memorandum                                                                                           Republic of Turkey: Response to the Department’s
                                                                                                        diameter welded pipe (welded pipe)                    January 23, 2018 Supplemental Questions
                                                I. Summary                                              from China, India, Korea, and Turkey,                 Regarding Volume IX of the Petition for the
                                                II. Background                                          filed in proper form on behalf of Berg                Imposition of Antidumping and Countervailing



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                                                                             Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices                                                     7149

                                                2018, the petitioners submitted certain                 demonstrated sufficient industry                       calendar days from the initial comments
                                                revisions to the scope.6                                support necessary for the initiation of                deadline.11
                                                   In accordance with section 702(b)(1)                 the requested CVD investigations.7                        Commerce requests that any factual
                                                of the Tariff Act of 1930, as amended                                                                          information parties consider relevant to
                                                (the Act), the petitioners allege that the              Period of Investigation
                                                                                                                                                               the scope of the investigations be
                                                Governments of China, India, Korea,                       Because the Petitions were filed on                  submitted during this period. However,
                                                and Turkey (GOC, GOI, GOK, and GOT,                     January 17, 2018, the period of                        if a party subsequently finds that
                                                respectively) are providing                             investigation for each of the                          additional factual information
                                                countervailable subsidies, within the                   investigations is January 1, 2017,                     pertaining to the scope of the
                                                meaning of sections 701 and 771(5) of                   through December 31, 2017.                             investigations may be relevant, the party
                                                the Act, to producers of welded pipe in                                                                        may contact Commerce and request
                                                China, India, Korea, and Turkey, and                    Scope of the Investigations                            permission to submit the additional
                                                imports of such products are materially                   The product covered by these                         information. All such submissions must
                                                injuring, or threatening material injury                investigations is large diameter welded                be filed on the records of each of the
                                                to, the domestic welded pipe industry                   pipe from China, India, Korea, and                     concurrent AD and CVD investigations.
                                                in the United States. Consistent with                   Turkey. For a full description of the
                                                section 702(b)(1) of the Act and 19 CFR                                                                        Filing Requirements
                                                                                                        scope of these investigations, see the
                                                351.202(b), for those alleged programs                  Appendix to this notice.                                  All submissions to Commerce must be
                                                on which we are initiating a CVD                                                                               filed electronically using Enforcement
                                                investigation, the Petitions are                        Comments on Scope of the                               and Compliance’s Antidumping Duty
                                                accompanied by information reasonably                   Investigations                                         and Countervailing Duty Centralized
                                                available to the petitioners supporting                                                                        Electronic Service System (ACCESS).12
                                                                                                           During our review of the Petitions,
                                                their allegations.                                                                                             An electronically filed document must
                                                   Commerce finds that the petitioners                  Commerce issued questions to, and
                                                                                                        received responses from, the petitioners               be received successfully in its entirety
                                                filed the Petitions on behalf of the                                                                           by the time and date it is due.
                                                domestic industry because the                           pertaining to the proposed scope to
                                                                                                        ensure that the scope language in the                  Documents exempted from the
                                                petitioners are interested parties as                                                                          electronic submission requirements
                                                defined in section 771(9)(C) of the Act.                Petitions is an accurate reflection of the
                                                                                                        products for which the domestic                        must be filed manually (i.e., in paper
                                                Commerce also finds that the petitioners                                                                       form) with Enforcement and
                                                                                                        industry is seeking relief.8 As a result of
                                                                                                        these exchanges, the scope of the                      Compliance’s APO/Dockets Unit, Room
                                                Duties;’’ ‘‘Large Diameter Welded Pipe from                                                                    18022, U.S. Department of Commerce,
                                                Canada, Greece, India, the People’s Republic of         Petitions was modified to clarify the
                                                China, the Republic of Korea and the Republic of        description of merchandise covered by                  1401 Constitution Avenue NW,
                                                Turkey: Response to the Department’s January 23,        the Petitions. The description of the                  Washington, DC 20230, and stamped
                                                2018 Supplemental Questions Regarding Volume V
                                                                                                        merchandise covered by this initiation,                with the date and time of receipt by the
                                                of the Petition for the Imposition of Antidumping                                                              applicable deadlines.
                                                and Countervailing Duties;’’ ‘‘Large Diameter           as described in the Appendix to this
                                                Welded Pipe from Canada, Greece, India, the             notice, reflects these clarifications.                 Consultations
                                                People’s Republic of China, the Republic of Korea
                                                and the Republic of Turkey: Response to the                As discussed in the Preamble to                       Pursuant to sections 702(b)(4)(A)(i)
                                                Department’s January 23, 2018 Supplemental              Commerce’s regulations, we are setting                 and (ii) of the Act, Commerce notified
                                                Questions Regarding Volume VII of the Petition for      aside a period for interested parties to               representatives of the GOC, GOI, GOK,
                                                the Imposition of Antidumping and Countervailing        raise issues regarding product coverage
                                                Duties;’’ and ‘‘Large Diameter Welded Pipe from                                                                and GOT of the receipt of the Petitions,
                                                Canada, Greece, India, the People’s Republic of         (scope).9 Commerce will consider all                   and provided them the opportunity for
                                                China, the Republic of Korea and the Republic of        comments received from interested                      consultations with respect to the CVD
                                                Turkey: Response to the Department’s January 23,        parties and, if necessary, will consult                Petitions.13 Consultations were held
                                                2018 Supplemental Questions Regarding Volume XI         with interested parties prior to the
                                                of the Petition for the Imposition of Antidumping
                                                and Countervailing Duties.’’ All of these documents     issuance of the preliminary                              11 See 19 CFR 351.303(b).
                                                are dated January 25, 2018. See also Petitioners’       determinations. If scope comments                        12 See Antidumping and Countervailing Duty
                                                Letter, ‘‘Large Diameter Welded Pipe from Canada,       include factual information,10 all such                Proceedings: Electronic Filing Procedures;
                                                Greece, India, the People’s Republic of China, the      factual information should be limited to               Administrative Protective Order Procedures, 76 FR
                                                Republic of Korea and the Republic of Turkey:                                                                  39263 (July 6, 2011). See also Enforcement and
                                                Response to the Department’s January 23, 2018           public information. To facilitate                      Compliance: Change of Electronic Filing System
                                                Supplemental Questions Regarding Volume I of the        preparation of its questionnaires,                     Name, 79 FR 69046 (November 20, 2014) for details
                                                Petition for the Imposition of Antidumping and          Commerce requests that all interested                  of Commerce’s electronic filing requirements,
                                                Countervailing Duties,’’ dated January 26, 2018         parties submit such comments by 5:00                   which went into effect on August 5, 2011.
                                                (General Issues Supplement). See also Petitioners’                                                             Information on help using ACCESS can be found at
                                                Letter, ‘‘Large Diameter Welded Pipe from Canada,       p.m. Eastern Time (ET) on March 1,                     https://access.trade.gov/help.aspx, and a handbook
                                                Greece, India, the People’s Republic of China, the      2018, which is 20 calendar days from                   can be found at https://access.trade.gov/help/
                                                Republic of Korea and the Republic of Turkey:           the signature date of this notice. Any                 Handbook%20on%20Electronic%20Filling
                                                Response to the Department’s January 26, 2018           rebuttal comments, which may include                   %20Procedures.pdf.
                                                Supplemental Questions Regarding Volume XI of                                                                    13 See Letter from Paul Walker, Program Manager,
                                                the Petition for the Imposition of Antidumping and      factual information, must be filed by                  Office V, to the Embassy of China ‘‘Countervailing
                                                Countervailing Duties,’’ dated January 29, 2018.        5:00 p.m. ET on March 12, 2018, which                  Duty Petition on Large Diameter Welded Pipe from
                                                  6 See Memorandum, ‘‘Petitions for the Imposition      is the next business day after 10                      the People’s Republic of China: Invitation for
                                                of Antidumping and Countervailing Duties on Large                                                              Consultations to Discuss the Countervailing Duty
                                                Diameter Welded Pipe from Canada, Greece, India,                                                               Petition,’’ dated January 29, 2018; Letter from
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                           7 See ‘‘Determination of Industry Support for the
                                                the People’s Republic of China, the Republic of                                                                Kathleen Marksberry, Program Manager, Office VIII,
                                                Korea, and the Republic of Turkey: Phone Call with      Petition’’ section, infra.                             to the Embassy of India ‘‘Countervailing Duty
                                                                                                           8 See General Issues Supplemental Questionnaire,
                                                Counsel to the Petitioners,’’ dated February 1, 2018;                                                          Petition on Large Diameter Welded Pipe from India:
                                                see also Petitioners’ Letter, ‘‘Large Diameter Welded   at 4–5.                                                Invitation for Consultations to Discuss the
                                                                                                           9 See Antidumping Duties; Countervailing Duties,
                                                Pipe from Canada, Greece, India, the People’s                                                                  Countervailing Duty Petition,’’ dated January 17,
                                                Republic of China, the Republic of Korea and the        Final Rule, 62 FR 27296, 27323 (May 19, 1997)          2018; Letter from Kathleen Marksberry, Program
                                                Republic of Turkey: Petition Supplement on Scope        (Preamble).                                            Manager, Office VIII, to the Embassy of the Republic
                                                and Industry Support,’’ dated February 5, 2018             10 See 19 CFR 351.102(b)(21) (defining ‘‘factual    of Korea ‘‘Countervailing Duty Petition on Large
                                                (Scope and Industry Support Supplement).                information’’).                                                                                   Continued




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                                                7150                        Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices

                                                with the GOI on February 2, 2018; with                  distinct authority. In addition,                        the total quantity of these shipments to
                                                the GOK on January 26, 2018; and with                   Commerce’s determination is subject to                  the estimated total shipments of the
                                                the GOT on January 30, 2018.14 The                      limitations of time and information.                    domestic like product for the entire
                                                GOC did not request consultations.                      Although this may result in different                   domestic industry.20 The petitioners
                                                                                                        definitions of the like product, such                   explained that they relied on shipment
                                                Determination of Industry Support for
                                                                                                        differences do not render the decision of               data because production data for the
                                                the Petitions
                                                                                                        either agency contrary to law.16                        entire domestic industry are not
                                                   Section 702(b)(1) of the Act requires                   Section 771(10) of the Act defines the               available.21 In addition, the petitioners
                                                that a petition be filed on behalf of the               domestic like product as ‘‘a product                    provided a comparison of their own
                                                domestic industry. Section 702(c)(4)(A)                 which is like, or in the absence of like,               production and shipment data to
                                                of the Act provides that a petition meets               most similar in characteristics and uses                demonstrate that shipments are a
                                                this requirement if the domestic                        with, the article subject to an                         reasonable proxy for data on production
                                                producers or workers who support the                    investigation under this title.’’ Thus, the             of welded pipe.22 We relied on data the
                                                petition account for: (i) At least 25                   reference point from which the                          petitioners provided for purposes of
                                                percent of the total production of the                  domestic like product analysis begins is                measuring industry support.23
                                                domestic like product; and (ii) more                    ‘‘the article subject to an investigation’’               Our review of the data provided in the
                                                than 50 percent of the production of the                (i.e., the class or kind of merchandise to              Petitions, General Issues Supplement,
                                                domestic like product produced by that                  be investigated, which normally will be                 Industry Support Supplement, Scope
                                                portion of the industry expressing                      the scope as defined in the petition).                  and Industry Support Supplement, and
                                                support for, or opposition to, the                         With regard to the domestic like                     other information readily available to
                                                petition. Moreover, section 702(c)(4)(D)                product, the petitioners do not offer a                 Commerce indicates that the petitioners
                                                of the Act provides that, if the petition               definition of the domestic like product                 have established industry support for
                                                does not establish support of domestic                  distinct from the scope of the                          the Petitions.24 First, the Petitions
                                                producers or workers accounting for                     investigations.17 Based on our analysis                 established support from domestic
                                                more than 50 percent of the total                       of the information submitted on the                     producers (or workers) accounting for
                                                production of the domestic like product,                record, we have determined that welded                  more than 50 percent of the total
                                                Commerce shall: (i) Poll the industry or                pipe, as defined in the scope,                          production of the domestic like product
                                                rely on other information in order to                   constitutes a single domestic like                      and, as such, Commerce is not required
                                                determine if there is support for the                   product, and we have analyzed industry                  to take further action in order to
                                                petition, as required by subparagraph                   support in terms of that domestic like                  evaluate industry support (e.g.,
                                                (A); or (ii) determine industry support                 product.18                                              polling).25 Second, the domestic
                                                using a statistically valid sampling                       In determining whether the                           producers (or workers) have met the
                                                method to poll the ‘‘industry.’’                        petitioners have standing under section                 statutory criteria for industry support
                                                   Section 771(4)(A) of the Act defines                 702(c)(4)(A) of the Act, we considered                  under section 702(c)(4)(A)(i) of the Act
                                                the ‘‘industry’’ as the producers as a                  the industry support data contained in                  because the domestic producers (or
                                                whole of a domestic like product. Thus,                 the Petitions with reference to the                     workers) who support the Petitions
                                                to determine whether a petition has the                 domestic like product as defined in the                 account for at least 25 percent of the
                                                requisite industry support, the statute                 ‘‘Scope of the Investigations,’’ in the                 total production of the domestic like
                                                directs Commerce to look to producers                   Appendix to this notice. The petitioners                product.26 Finally, the domestic
                                                and workers who produce the domestic                    provided their own 2017 shipments of                    producers (or workers) have met the
                                                like product. The International Trade                   the domestic like product and 2017                      statutory criteria for industry support
                                                Commission (ITC), which is responsible                  shipments by supporters of the                          under section 702(c)(4)(A)(ii) of the Act
                                                for determining whether ‘‘the domestic                                                                          because the domestic producers (or
                                                                                                        petitions.19 The petitioners compared
                                                industry’’ has been injured, must also                                                                          workers) who support the Petitions
                                                determine what constitutes a domestic                      16 See USEC, Inc. v. United States, 132 F. Supp.     account for more than 50 percent of the
                                                like product in order to define the                     2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.     production of the domestic like product
                                                industry. While both Commerce and the                   v. United States, 688 F. Supp. 639, 644 (CIT 1988),     produced by that portion of the industry
                                                ITC must apply the same statutory                       aff’d 865 F.2d 240 (Fed. Cir. 1989)).
                                                                                                           17 See Volume I of the Petitions, at 15; see also
                                                                                                                                                                expressing support for, or opposition to,
                                                definition regarding the domestic like                                                                          the Petitions.27 Accordingly, Commerce
                                                                                                        General Issues Supplement, at 7–10.
                                                product,15 they do so for different                        18 For a discussion of the domestic like product     determines that the Petitions were filed
                                                purposes and pursuant to a separate and                 analysis as applied to these cases and information      on behalf of the domestic industry
                                                                                                        regarding industry support, see Countervailing Duty
                                                Diameter Welded Pipe from the Republic of Korea,’’      Investigation Initiation Checklist: Large Diameter      Petitions for the Imposition of Antidumping and
                                                dated January 17, 2018; and Letter from Melissa         Welded Pipe from India (India CVD Initiation            Countervailing Duties: Industry Support’’ (Industry
                                                Skinner, Director, Office II to the Embassy of the      Checklist), at Attachment II; Countervailing Duty       Support Supplement), at 2–3 and Exhibit I–Supp2–
                                                Republic of Turkey ‘‘Large Diameter Welded Pipe         Investigation Initiation Checklist: Large Diameter      1; see also Scope and Industry Support
                                                from the Republic of Turkey: Invitation for             Welded Pipe from the People’s Republic of China         Supplement, at Exhibit I–Supp. 3–3.
                                                Consultations to Discuss the Countervailing Duty        (China CVD Initiation Checklist), at Attachment II;        20 Id.
                                                Petition,’’ dated January 18, 2018.                     Countervailing Duty Investigation Initiation               21 See Industry Support Supplement, at 3.
                                                   14 See Memorandum, ‘‘Consultations with              Checklist: Large Diameter Welded Pipe from the             22 Id., at 3 and Exhibits I–Supp–2–1 and I–
                                                Officials from the Government of India Regarding        Republic of Korea (Korea CVD Initiation Checklist),
                                                                                                        at Attachment II; and Countervailing Duty               Supp2–2.
                                                the Countervailing Duty Petition on Large Diameter                                                                 23 Id. For further discussion, see Attachment II of
                                                Welded Pipe from India,’’ dated February 7, 2018;       Investigation Initiation Checklist: Large Diameter
                                                Memorandum, ‘‘Consultations with Government             Welded Pipe from the Republic of Turkey (Turkey         the China CVD Initiation Checklist, India CVD
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                                                Officials from the Republic of Korea on the             CVD Initiation Checklist), at Attachment II. These      Initiation Checklist, Korea CVD Initiation Checklist,
                                                Countervailing Duty Petition Regarding Large            checklists are dated concurrently with this notice      and Turkey CVD Initiation Checklist.
                                                                                                                                                                   24 Id.
                                                Diameter Welded Pipe from the Republic of Korea,’’      and on file electronically via ACCESS. Access to
                                                                                                                                                                   25 Id.; see also section 702(c)(4)(D) of the Act.
                                                dated February 1, 2018; and Memorandum,                 documents filed via ACCESS is also available in the
                                                ‘‘Countervailing Duty Petition Regarding Large          Central Records Unit, Room B8024 of the main               26 See Attachment II of the China CVD Initiation

                                                Diameter Welded Pipe from the Republic of Turkey:       Department of Commerce building.                        Checklist, India CVD Initiation Checklist, Korea
                                                Consultations with Government of Turkey,’’ dated           19 See Volume I of the Petitions, at 4 and Exhibit   CVD Initiation Checklist, and Turkey CVD Initiation
                                                January 30, 2018.                                       I–4; see also letter from the petitioners to Commerce   Checklist.
                                                   15 See section 771(10) of the Act.                   dated January 31, 2018, ‘‘Supplement to the                27 Id.




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                                                                            Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices                                                   7151

                                                within the meaning of section 702(b)(1)                 negligibility threshold of four percent               China
                                                of the Act.                                             during the period of investigation.30                    Based on our review of the Petition,
                                                   Commerce finds that the petitioners                     The petitioners contend that the                   we find that there is sufficient
                                                filed the Petitions on behalf of the                    industry’s injured condition is                       information to initiate a CVD
                                                domestic industry because they are                      illustrated by a significant volume of                investigation on 27 of the 28 alleged
                                                interested parties as defined in section                subject imports; reduced market share;                programs, and to partially initiate on the
                                                771(9)(C) of the Act, and they have                     underselling and price depression or                  28th program. For a full discussion of
                                                demonstrated sufficient industry                        suppression; lost sales and revenues;                 the basis for our decision to initiate on
                                                support with respect to the CVD                         and a negative impact on the domestic                 each program, see China CVD Initiation
                                                investigations that they are requesting                 industry’s U.S. shipments, capacity                   Checklist. A public version of the
                                                that Commerce initiate.28                               utilization, production, and financial                initiation checklist for this investigation
                                                   In letters dated January 25, January                 performance.31 We have assessed the                   is available on ACCESS.
                                                29, and February 5, 2018, Borusan                       allegations and supporting evidence                   India
                                                Mannesmann Boru Sanayi ve Ticaret                       regarding material injury, threat of
                                                A.S. and Borusan Istikbal Ticaret T.A.S.                material injury, and causation, and we                   Based on our review of the Petition,
                                                (collectively, Borusan), a Turkish                      have determined that these allegations                we find that there is sufficient
                                                producer and exporter, submitted                        are properly supported by adequate                    information to initiate a CVD
                                                comments on industry support. The                       evidence, and meet the statutory                      investigation on 70 of the 72 alleged
                                                petitioners responded to these                                                                                programs. For a full discussion of the
                                                                                                        requirements for initiation.32
                                                comments in the Scope and Industry                                                                            basis for our decision to initiate on each
                                                Support Supplement, dated February 5,                   Initiation of CVD Investigations                      program, see India CVD Initiation
                                                2018. For further discussion of these                                                                         Checklist. A public version of the
                                                comments, see Attachment II of the                         Based on the examination of the                    initiation checklist for this investigation
                                                China CVD Initiation Checklist, India                   Petitions, we find that the Petitions                 is available on ACCESS.
                                                CVD Initiation Checklist, Korea CVD                     meet the requirements of section 702 of
                                                                                                        the Act. Therefore, we are initiating                 Korea
                                                Initiation Checklist, and Turkey CVD
                                                Initiation Checklist.                                   CVD investigations to determine                          Based on our review of the Petition,
                                                                                                        whether imports of welded pipe from                   we find that there is sufficient
                                                Injury Test                                             China, India, Korea, and Turkey benefit               information to initiate a CVD
                                                                                                        from countervailable subsidies                        investigation on 20 of the 21 alleged
                                                  Because India, China, Korea, and
                                                                                                        conferred by the GOC, GOI, GOK, and                   programs. For a full discussion of the
                                                Turkey are ‘‘Subsidies Agreement
                                                                                                        GOT, respectively. In accordance with                 basis for our decision to initiate on each
                                                Countries’’ within the meaning of
                                                                                                        section 703(b)(1) of the Act and 19 CFR               program, see Korea CVD Initiation
                                                section 701(b) of the Act, section
                                                                                                        351.205(b)(1), unless postponed, we will              Checklist. A public version of the
                                                701(a)(2) of the Act applies to this
                                                                                                        make our preliminary determinations no                initiation checklist for this investigation
                                                investigation. Accordingly, the ITC must
                                                                                                        later than 65 days after the date of this             is available on ACCESS.
                                                determine whether imports of the
                                                subject merchandise from India, China,                  initiation.                                           Turkey
                                                Korea, and Turkey materially injure, or                    Numerous amendments to the AD and                    Based on our review of the Petition,
                                                threaten material injury to, a U.S.                     CVD laws were made pursuant to the                    we find that there is sufficient
                                                industry.                                               Trade Preferences Extension Act of                    information to initiate a CVD
                                                Allegations and Evidence of Material                    2015.33 The amendments to sections                    investigation on all 15 alleged programs.
                                                Injury and Causation                                    776 and 782 of the Act are applicable to              For a full discussion of the basis for our
                                                                                                        all determinations made on or after                   decision to initiate on each program, see
                                                   The petitioners allege that imports of               August 6, 2015, and, therefore, apply to              Turkey CVD Initiation Checklist. A
                                                the subject merchandise are benefitting                 these CVD investigations.34                           public version of the initiation checklist
                                                from countervailable subsidies and that                                                                       for this investigation is available on
                                                such imports are causing, or threaten to                  30 Id.
                                                                                                                                                              ACCESS.
                                                cause, material injury to the U.S.                         31 Id., at 13–15, 18–43 and Exhibits I–5 and I–8

                                                industry producing the domestic like                    through I–18; see also General Issues Supplement,     Respondent Selection
                                                product. In addition, the petitioners                   at 1, 15–18 and Exhibits I–Supp–1, I–Supp–2, I–
                                                                                                        Supp–10 and I–Supp–11.                                  The petitioners named 157 companies
                                                allege that subject imports exceed the                     32 See China CVD Initiation Checklist, at          in China,35 26 companies in India,36 28
                                                negligibility threshold provided for                    Attachment III, Analysis of Allegations and           companies in Korea,37 and 13
                                                under section 771(24)(A) of the Act.29 In               Evidence of Material Injury and Causation for the     companies in Turkey,38 as producers/
                                                CVD petitions, section 771(24)(B) of the                Antidumping and Countervailing Duty Petitions
                                                                                                        Covering Large Diameter Welded Pipe from Canada,
                                                                                                                                                              exporters of welded pipe. Commerce
                                                Act provides that imports of subject                    Greece, India, the People’s Republic of China, the    intends to follow its standard practice in
                                                merchandise from developing and least                   Republic of Korea, and the Republic of Turkey         CVD investigations and calculate
                                                developed countries must exceed the                     (Attachment III); see also India CVD Initiation       company-specific subsidy rates in these
                                                negligibility threshold of four percent.                Checklist, at Attachment III; see also Korea CVD
                                                                                                        Initiation Checklist, at Attachment III; see also
                                                                                                                                                              investigations. In the event Commerce
                                                The petitioners have adequately                         Turkey CVD Initiation Checklist, at Attachment III.   determines that the number of
                                                demonstrated that subject imports from                     33 See Trade Preferences Extension Act of 2015,    companies is large and it cannot
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                                                India, which has been designated as a                   Public Law 114–27, 129 Stat. 362 (2015). See also     individually examine each company
                                                least developed country under section                   Dates of Application of Amendments to the             based upon Commerce’s resources,
                                                771(36)(B) of the Act, exceeded the                     Antidumping and Countervailing Duty Laws Made
                                                                                                        by the Trade Preferences Extension Act of 2015, 80
                                                                                                                                                                 35 See General Issues and China AD Supplement,
                                                                                                        FR 46793 (August 6, 2015) (Applicability Notice).
                                                  28 Id.                                                The 2015 amendments may be found at https://          at Exhibit I–Supp–4.
                                                                                                                                                                 36 See the Petitions at Exhibit I–3.
                                                   29 See Volume I of the Petitions, at 26–27 and       www.congress.gov/bill/114th-congress/house-bill/
                                                Exhibit I–11; see also General Issues Supplement,       1295/text/pl.                                            37 Id.

                                                at 15–18 and Exhibits I–Supp–10 and I–Supp–11.             34 See Applicability Notice, 80 FR at 46794–95.       38 Id.




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                                                7152                        Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices

                                                where appropriate, Commerce intends                     ITC Notification                                      multiple parties simultaneously, an
                                                to select mandatory respondents based                     We will notify the ITC of our                       extension request will be considered
                                                on U.S. Customs and Border Protection                   initiation, as required by section 702(d)             untimely if it is filed after 10:00 a.m. ET
                                                (CBP) data for U.S. imports of welded                   of the Act.                                           on the due date. Under certain
                                                pipe from China, India, Korea, and                                                                            circumstances, we may elect to specify
                                                Turkey during the POI under the                         Preliminary Determinations by the ITC                 a different time limit by which
                                                appropriate Harmonized Tariff Schedule                     The ITC will preliminarily determine,              extension requests will be considered
                                                of the United States numbers listed in                  within 45 days after the date on which                untimely for submissions which are due
                                                the ‘‘Scope of the Investigation,’’ in the              the Petitions were filed, whether there               from multiple parties simultaneously. In
                                                Appendix.                                               is a reasonable indication that imports               such a case, we will inform parties in
                                                   On February 1, 2018 (for India and                   of welded pipe from China, India,                     the letter or memorandum setting forth
                                                Korea), February 2, 2018 (for China),                   Korea, and Turkey are materially                      the deadline (including a specified time)
                                                and February 6, 2018 (for Turkey),                      injuring, or threatening material injury              by which extension requests must be
                                                Commerce released CBP data under                        to, a U.S. industry.40 A negative ITC
                                                                                                                                                              filed to be considered timely. An
                                                Administrative Protective Order (APO)                   determination for any country will
                                                                                                        result in the investigation being                     extension request must be made in a
                                                to all parties with access to information                                                                     separate, stand-alone submission; under
                                                protected by APO and indicated that                     terminated with respect to that
                                                                                                        country.41 Otherwise, these                           limited circumstances we will grant
                                                interested parties wishing to comment                                                                         untimely-filed requests for the extension
                                                regarding the CBP data and respondent                   investigations will proceed according to
                                                                                                        statutory and regulatory time limits.                 of time limits. Parties should review
                                                selection must do so within three
                                                                                                                                                              Extension of Time Limits; Final Rule, 78
                                                business days of the publication date of                Submission of Factual Information                     FR 57790 (September 20, 2013),
                                                the notice of initiation of these CVD
                                                                                                           Factual information is defined in 19               available at http://www.gpo.gov/fdsys/
                                                investigations.39 Commerce will not
                                                                                                        CFR 351.102(b)(21) as: (i) Evidence                   pkg/FR-2013-09-20/html/2013-
                                                accept rebuttal comments regarding the
                                                                                                        submitted in response to questionnaires;              22853.htm, prior to submitting factual
                                                CBP data or respondent selection.
                                                                                                        (ii) evidence submitted in support of                 information in these investigations.
                                                   Interested parties must submit                       allegations; (iii) publicly available
                                                applications for disclosure under APO                   information to value factors under 19                 Certification Requirements
                                                in accordance with 19 CFR 351.305(b).                   CFR 351.408(c) or to measure the
                                                Instructions for filing such applications                                                                       Any party submitting factual
                                                                                                        adequacy of remuneration under 19 CFR
                                                may be found on the Commerce’s                          351.511(a)(2); (iv) evidence placed on                information in an AD or CVD
                                                website at http://enforcement.trade.gov/                the record by Commerce; and (v)                       proceeding must certify to the accuracy
                                                apo.                                                    evidence other than factual information               and completeness of that information.44
                                                                                                        described in (i)–(iv). 19 CFR 351.301(b)              Parties must use the certification
                                                   Comments must be filed
                                                electronically using ACCESS. An                         requires any party, when submitting                   formats provided in 19 CFR
                                                electronically filed document must be                   factual information, to specify under                 351.303(g).45 Commerce intends to
                                                received successfully, in its entirety, by              which subsection of 19 CFR                            reject factual submissions if the
                                                ACCESS no later than 5:00 p.m. ET on                    351.102(b)(21) the information is being               submitting party does not comply with
                                                the date noted above. We intend to                      submitted 42 and, if the information is               the applicable revised certification
                                                finalize our decisions regarding                        submitted to rebut, clarify, or correct               requirements.
                                                respondent selection within 20 days of                  factual information already on the
                                                                                                                                                              Notification to Interested Parties
                                                publication of this notice.                             record, to provide an explanation
                                                                                                        identifying the information already on                  Interested parties must submit
                                                Distribution of Copies of the Petitions                 the record that the factual information               applications for disclosure under APO
                                                  In accordance with section                            seeks to rebut, clarify, or correct.43 Time           in accordance with 19 CFR 351.305. On
                                                702(b)(4)(A)(i) of the Act and 19 CFR                   limits for the submission of factual                  January 22, 2008, Commerce published
                                                351.202(f), copies of the public versions               information are addressed in 19 CFR                   Antidumping and Countervailing Duty
                                                of the Petitions have been provided to                  351.301, which provides specific time                 Proceedings: Documents Submission
                                                the GOC, GOI, GOK, and GOT via                          limits based on the type of factual
                                                                                                                                                              Procedures; APO Procedures, 73 FR
                                                ACCESS. To the extent practicable, we                   information being submitted. Interested
                                                                                                                                                              3634 (January 22, 2008). Parties wishing
                                                will attempt to provide a copy of the                   parties should review the regulations
                                                                                                                                                              to participate in this investigation
                                                public version of the Petitions to each                 prior to submitting factual information
                                                                                                        in these investigations.                              should ensure that they meet the
                                                exporter named in the Petitions, as                                                                           requirements of these procedures (e.g.,
                                                provided under 19 CFR 351.203(c)(2).                    Extensions of Time Limits                             the filing of letters of appearance as
                                                                                                           Parties may request an extension of                discussed at 19 CFR 351.103(d)).
                                                  39 See Memorandum, ‘‘Large Diameter Welded

                                                Pipe from India Countervailing Duty Petition:
                                                                                                        time limits before the expiration of a                  This notice is issued and published
                                                Release of Customs Data from U.S. Customs and           time limit established under 19 CFR                   pursuant to sections 702 and 777(i) of
                                                Border Protection,’’ dated February 1, 2018;            351.301, or as otherwise specified by the             the Act and 19 CFR 351.203(c).
                                                Memorandum, ‘‘Large Diameter Welded Pipe from           Secretary. In general, an extension
                                                the Republic of Korea Countervailing Duty Petition:
                                                Release of Customs Data from U.S. Customs and
                                                                                                        request will be considered untimely if it
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                                                Border Protection,’’ dated February 1, 2018;            is filed after the expiration of the time               44 See section 782(b) of the Act.
                                                Memorandum, ‘‘Large Diameter Welded Pipe from           limit established under 19 CFR 351.301.                 45 See Certification of Factual Information to
                                                the People’s Republic of China Releasing U.S.           For submissions that are due from                     Import Administration During Antidumping and
                                                Customs and Border Protection Data,’’ dated
                                                February 2, 2018; and Memorandum, ‘‘Large                                                                     Countervailing Duty Proceedings, 78 FR 42678 (July
                                                                                                          40 See section 703(a)(2) of the Act.
                                                Diameter Welded Pipe from the Republic of Turkey                                                              17, 2013) (‘‘Final Rule’’); see also frequently asked
                                                                                                          41 See section 703(a)(1) of the Act.                questions regarding the Final Rule, available at
                                                Countervailing Duty Petition: Release of Customs
                                                                                                          42 See 19 CFR 351.301(b).                           http://enforcement.trade.gov/tlei/notices/factual_
                                                Data from U.S. Customs and Border Protection,’’
                                                dated February 6, 2018.                                   43 See 19 CFR 351.301(b)(2).                        info_final_rule_FAQ_07172013.pdf.



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                                                                            Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Notices                                                      7153

                                                  Dated: February 9, 2018.                              7305.11.5000, 7305.12.1030, 7305.12.1060,             therefore, within the scope of the Order.
                                                James Maeder,                                           7305.12.5000, 7305.19.1030, 7305.19.1060,             In particular, Commerce relied upon a
                                                Associate Deputy Assistant Secretary for                7305.19.5000, 7305.31.4000, 7305.31.6010,             prior scope ruling pertaining to certain
                                                Antidumping and Countervailing Duty                     7305.31.6090, 7305.39.1000 and
                                                                                                        7305.39.5000. While the HTSUS subheadings
                                                                                                                                                              mechanical tubing products produced
                                                Operations, performing the duties of Deputy                                                                   by Productos Laminados de Monterrey,
                                                Assistant Secretary for Antidumping and                 are provided for convenience and customs
                                                                                                        purposes, the written description of the              S.A. de C.V., and Prolamsa, Inc.
                                                Countervailing Duty Operations.
                                                                                                        scope of these investigations is dispositive.         (Prolamsa), which was conducted under
                                                Appendix                                                [FR Doc. 2018–03304 Filed 2–16–18; 8:45 am]           19 CFR 351.225(k)(2), and which
                                                Scope of the Investigations                             BILLING CODE 3510–DS–P                                defined ‘‘mechanical tubing’’ as tubing
                                                                                                                                                              that met a variety of physical, chemical,
                                                   The merchandise covered by these
                                                investigations is welded carbon and alloy                                                                     and mechanical characteristics, and was
                                                steel pipe, more than 406.4 mm (16 inches)              DEPARTMENT OF COMMERCE                                stenciled.3 Commerce found that
                                                in nominal outside diameter (large diameter                                                                   Maquilacero’s tubing was not stenciled,
                                                welded pipe), regardless of wall thickness,             International Trade Administration                    and, thus, was not ‘‘mechanical
                                                length, surface finish, grade, end finish, or                                                                 tubing.’’ 4 Maquilacero challenged
                                                stenciling. Large diameter welded pipe may              [A–201–805]
                                                                                                                                                              Commerce’s final scope ruling before
                                                be used to transport oil, gas, slurry, steam, or
                                                other fluids, liquids, or gases. It may also be         Certain Circular Welded Non-Alloy                     the CIT.
                                                used for structural purposes, including, but            Steel Pipe From Mexico: Notice of                        On August 30, 2017, the Court
                                                not limited to, piling. Specifically, not               Court Decision Not in Harmony With                    remanded the Maquilacero Scope
                                                included is large diameter welded pipe                  Final Scope Ruling and Notice of                      Ruling to Commerce.5 Specifically, the
                                                produced only to specifications of the                  Amended Final Scope Ruling Pursuant
                                                American Water Works Association (AWWA)
                                                                                                                                                              Court held that Commerce did not
                                                                                                        to Court Decision                                     ‘‘properly consider how the mention of
                                                for water and sewage pipe.
                                                   Large diameter welded pipe used to                   AGENCY:   Enforcement and Compliance,                 stenciling came to be found in the ruling
                                                transport oil, gas, or natural gas liquids is           International Trade Administration,                   excluding Prolamsa’s pipe from the
                                                normally produced to the American                       Department of Commerce.                               Order,’’ particularly given that
                                                Petroleum Institute (API) specification 5L.             SUMMARY: The Department of Commerce                   stenciling ‘‘does not change the inherent
                                                Large diameter welded pipe may also be                                                                        quality or the intended use of the
                                                                                                        (Commerce) is notifying the public that
                                                produced to American Society for Testing
                                                and Materials (ASTM) standards A500, A252,              the Court of International Trade’s (CIT               product.’’ 6 As such, the Court
                                                or A53, or other relevant domestic                      or the Court) final judgment in this case             concluded that ‘‘the imposition of a
                                                specifications, grades and/or standards. Large          is not in harmony with Commerce’s                     requirement {(i.e., stenciling)} having
                                                diameter welded pipe can be produced to                 final scope ruling and is, therefore,                 nothing to do with the physical
                                                comparable foreign specifications, grades               finding that certain black, circular                  characteristics of mechanical tubing and
                                                and/or standards or to proprietary                      tubing produced to ASTM A–513                         that appeared in the Prolamsa Final
                                                specifications, grades and/or standards, or             specifications by Maquilacero S.A. de                 Scope Ruling by chance { } was
                                                can be non-graded material. All pipe meeting            C.V. (Maquilacero) is not within the
                                                the physical description set forth above is                                                                   unreasonable.’’ 7 Thus, the Court found
                                                                                                        scope of the antidumping duty order on                ‘‘that Commerce’s ruling unlawfully
                                                covered by the scope of these investigations,
                                                whether or not produced according to a                  circular welded non-alloy steel pipe                  expanded the scope of the Order to
                                                particular standard.                                    from Mexico.                                          include {Maquilacero}’s
                                                   Subject merchandise also includes large              DATES: Applicable Date: February 19,                  merchandise,’’ 8 and remanded the Final
                                                diameter welded pipe that has been further              2018.                                                 Scope Ruling to Commerce to ‘‘(1) not
                                                processed in a third country, including but                                                                   impose a stenciling requirement, and (2)
                                                not limited to coating, painting, notching,             FOR FURTHER INFORMATION CONTACT:
                                                beveling, cutting, punching, welding, or any            Mark Flessner, AD/CVD Operations,                     find that Maquilacero’s tubing is
                                                other processing that would not otherwise               Office VI, Enforcement and Compliance,                excluded from the Order based on its
                                                remove the merchandise from the scope of                International Trade Administration,                   analysis found on pages 6–9 of the Final
                                                the investigations if performed in the country          U.S. Department of Commerce, 1401                     Scope Ruling.’’ 9 In particular, the Court
                                                of manufacture of the in-scope large diameter           Constitution Avenue NW, Washington,                   instructed Commerce to ‘‘find plaintiff’s
                                                welded pipe.                                            DC 20230; telephone: (202) 482–6312.                  products are excluded from the Order
                                                   Excluded from the scope are any products
                                                                                                        SUPPLEMENTARY INFORMATION:                            using the same analysis in the Final
                                                covered by the existing antidumping duty
                                                orders on welded line pipe from the Republic                                                                  Scope Ruling and that is found in this
                                                                                                        Background                                            opinion.’’ 10
                                                of Korea, welded line pipe from the Republic
                                                of Turkey, and welded ASTM A–312                          On July 27, 2015, Commerce issued                      Pursuant to the Court’s instructions,
                                                stainless steel pipe from Korea, as well as any         the Maquilacero Scope Ruling,1 in                     Commerce issued the Final Remand
                                                products covered by the existing                        which it determined, under 19 CFR
                                                countervailing duty order on welded line                351.225(k)(1), that 46 products
                                                pipe from Turkey. See Welded Line Pipe from                                                                   Non-Alloy Steel Pipe from Korea, 57 FR 49453
                                                                                                        produced by Maquilacero to                            (November 2, 1992) (the Order).
                                                the Republic of Korea and the Republic of
                                                                                                        specification A–513 did not meet the                    3 See Memorandum, ‘‘Final Scope Ruling on
                                                Turkey: Antidumping Duty Orders, 80 FR
                                                75056 (December 1, 2015); Welded ASTM A–                exclusion for ‘‘mechanical tubing’’ in                Certain Black, Circular Tubing Produced to ASTM
                                                                                                        the scope of the Order,2 and were,                    A–513 Specifications by Productos Laminados de
                                                312 Stainless Steel Pipe from South Korea:                                                                    Monterrey, S.A. de C.V., and Prolamsa, Inc.,’’ dated
                                                Antidumping Duty Order, 57 FR 62300
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                              January 12, 2015 (Prolamsa Final Scope Ruling).
                                                                                                          1 See Memorandum, ‘‘Final Scope Ruling on
                                                (December 30, 1992); and Welded Line Pipe                                                                       4 See Maquilacero Scope Ruling.

                                                from the Republic of Turkey: Countervailing             Certain Black, Circular Tubing Produced to ASTM         5 See Maquilacero S.A. de C.V. v. United States,
                                                                                                        A–513 Specifications by Maquilacero S.A. de C.V.,’’
                                                Duty Order, 80 FR 75054 (December 1, 2015).             dated July 27, 2015 (Maquilacero Scope Ruling).
                                                                                                                                                              Slip Op. 17–117, Court No. 15–00287 (CIT 2017).
                                                   The large diameter welded pipe that is                 2 See Notice of Antidumping Duty Orders: Certain
                                                                                                                                                                6 See Maquilacero, Slip Op. 17–117, at 29.

                                                subject to these investigations is currently            Circular Welded Non-Alloy Steel Pipe from Brazil,
                                                                                                                                                                7 See Maquilacero, Slip Op. 17–117, at 32.

                                                classifiable in the Harmonized Tariff                   the Republic of Korea (Korea), Mexico, and
                                                                                                                                                                8 Id., at 26.

                                                Schedule of the United States (HTSUS) under             Venezuela and Amendment to Final Determination          9 See Maquilacero, Slip Op. 17–117, at 32–33.

                                                subheadings 7305.11.1030, 7305.11.1060,                 of Sales at Less Than Fair Value: Certain Welded        10 Id., at 33.




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Document Created: 2018-02-17 02:29:20
Document Modified: 2018-02-17 02:29:20
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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