Large Diameter Welded Pipe From the People's Republic of China: Countervailing Duty Order

 
CONTENT
8075
Federal Register / Vol. 84, No. 44 / Wednesday, March 6, 2019 / Notices
1
See Countervailing Duty Investigation of Large
Diameter Welded Pipe from the People’s Republic
of China: Final Affirmative Determination, 83 FR
56804 (November 14, 2018).
2
Id.
3
See ITC Notification Letter to the Deputy
Assistant Secretary for Enforcement and
Compliance, referencing ITC Investigation Nos.
701–TA–593–594, 731–TA–1402, and 731–TA–
1404 (January 30, 2019) (ITC Notification). See also
Large Diameter Welded Pipe from China and India;
Determinations, 84 FR 1785 (February 5, 2019) (ITC
Final Determination) and Large Diameter Welded
Pipe from China and India, Investigation Nos. 701–
TA–593–594, 731–TA–1402 and 731–TA–1404
(Final), Publication 4859, January 2019 (Final ITC
Report).
4
Id.
5
See Petitioners’ Letter, ‘‘Large Diameter Welded
Pipe from India and the People’s Republic of China:
Comments on the Scopes of the Orders,’’ dated
February 15, 2019.
6
See ITC Notification; ITC Final Determination,
84 FR 1785.
The link below clarifies the policies
and procedures of the Bureau of
Industry and Security (BIS) for
conducting surveys to obtain
information in order to perform industry
studies assessing the U.S. industrial
base to support the national defense
pursuant to the Defense Production Act
of 1950, as amended.
https://www.federalregister.gov/articles/
2015/07/15/2015-17388/us-industrial-
base-surveys-pursuant-to-the-defense-
production-act-of-1950.
SUPPLEMENTARY INFORMATION
:
I. Abstract
The Department of Commerce, in
coordination with the Department of
Defense and other Federal agencies,
conducts survey assessments of U.S.
industrial base sectors deemed critical
to U.S. national security. The
information gathered is necessary to
determine the health and
competitiveness as well as the needs of
these critical market segments in order
to maintain a strong U.S. industrial
base.
II. Method of Collection
Electronically.
III. Data
OMB Control Number: 0694–0119.
Form Number(s): N/A.
Type of Review: Regular submission
extension.
Affected Public: Business or other for-
profit organizations.
Estimated Number of Respondents:
28,000.
Estimated Time per Response: 8 to 14
hours per response.
Estimated Total Annual Burden
Hours: 308,000 hours.
Estimated Total Annual Cost to
Public: $0.
Respondent’s Obligation: Mandatory.
Legal Authority: Section 705 of the
Defense Production Act of 1950, as
amended, Executive Orders 12656 and
13603.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer, Commerce
Department.
[FR Doc. 2019–04023 Filed 3–5–19; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–078]
Large Diameter Welded Pipe From the
People’s Republic of China:
Countervailing Duty Order
AGENCY
: Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY
: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing a countervailing
duty order on large diameter welded
carbon and alloy steel structural pipe
from the People’s Republic of China
(China).
DATES
: Applicable March 6, 2019.
FOR FURTHER INFORMATION CONTACT
:
Justin Neuman at (202) 482–0486 or
Benito Ballesteros at (202) 482–7425,
AD/CVD Operations, Enforcement and
Compliance, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION
:
Background
On November 14, 2018, Commerce
published its affirmative final
determination in the countervailing
duty investigation of large diameter
welded pipe from China.
1
The scope of
the investigation in Commerce’s final
determination covered large diameter
welded carbon and alloy steel line pipe
(welded line pipe), large diameter
welded carbon and alloy steel structural
pipe (welded structural pipe), and
stainless steel large diameter welded
pipe (stainless steel pipe) from China.
2
As discussed below, the ITC
subsequently found three domestic like
products covered by the scope of the
investigation (welded line pipe, welded
structural pipe, and stainless steel pipe)
and accordingly made a separate injury
determination with respect to each
domestic like product. On January 30,
2019, the ITC notified Commerce of its
final determination, pursuant to section
705(d) of the Tariff Act of 1930, as
amended (the Act), that an industry in
the United States is materially injured
within the meaning of section
705(b)(1)(A)(i) of the Act by reason of
subsidized imports of welded structural
pipe from China.
3
Additionally, the ITC
made a negligibility determination with
respect to welded line pipe and a
negative determination of material
injury or threat of material injury with
respect to stainless steel pipe.
4
On
February 13, 2019, Commerce released
draft revised scope language for
comment by parties. American Cast Iron
Pipe Company, Berg Steel Pipe Corp.,
Berg Spiral Pipe Corp., Dura-Bond
Industries, Stupp Corporation, Greens
Bayou Pipe Mill, LP, JSW Steel (USA)
Inc., Skyline Steel, Trinity Products
LLC, and Welspun Corp., Ltd.
(collectively, the petitioners) provided
comments, which we have incorporated
into the final scope of the order.
5
Scope of the Order
The product covered by this order is
welded structural pipe from China. For
a complete description of the scope of
this order, see the Appendix to this
notice.
Countervailing Duty Order
On January 30, 2019, in accordance
with section 705(b)(1)(A)(i) and 705(d)
of the Act, the ITC notified Commerce
of its final determination in this
investigation, in which it found that
imports of welded structural pipe are
materially injuring a U.S. industry.
6
As
a result, and in accordance with section
705(c)(2) and 706 of the Act, we are
publishing this countervailing duty
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8076
Federal Register / Vol. 84, No. 44 / Wednesday, March 6, 2019 / Notices
7
See Final ITC Report at 11–12.
8
Id.
9
Id. at 1 and 3.
10
See Large Diameter Welded Pipe from the
People’s Republic of China: Preliminary Affirmative
Countervailing Duty Determination and Alignment
of Final Determination with Final Antidumping
Determination, 83 FR 30695 (June 29, 2018)
(Preliminary Determination).
11
Id. at 10.
12
Id. at 1 and 3.
order. As noted above, in its
determination, the ITC found three
domestic like products covered by the
scope of the investigation: welded line
pipe, welded structural pipe, and
stainless steel pipe. The ITC made a
negative determination with respect to
stainless steel pipe from China, and
found that imports of welded line pipe
from China are negligible. The ITC made
an affirmative determination with
respect to welded structural pipe from
China. Because the ITC made distinct
and different injury determinations for
separate domestic like products,
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
countervailing duties on entries of
welded structural pipe (subject
merchandise) from China, and not on
entries of welded line pipe and stainless
steel pipe (excluded merchandise) from
China.
Welded Line Pipe
The Final ITC Report describes
welded line pipe as a tubular product
produced from carbon and alloy steel,
produced to American Petroleum
Institute (API) 5L specifications, and
designed for conveying liquids and
gases.
7
Because the ITC determined that
subsidized imports of welded line pipe
from China are negligible, Commerce
will direct CBP to terminate the
suspension of liquidation for entries of
welded line pipe from China entered, or
withdrawn from warehouse, and to
refund all cash deposits with respect to
these entries pursuant to section
705(c)(2) of the Act.
Welded Structural Pipe
The Final ITC Report describes
welded structural pipe as a tubular
product produced from carbon and alloy
steel, produced to American Society for
Testing and Materials (ASTM)
specifications, and designed for support
in construction projects and piling.
8
Because the ITC found that subsidized
imports of welded structural pipe from
China are materially injuring a U.S.
industry,
9
Commerce will direct CBP
that all unliquidated entries of subject
merchandise from China, entered or
withdrawn from warehouse, are subject
to the assessment of countervailing
duties pursuant to section 706 of the
Act, as described below.
As a result of the ITC Final
Determination, in accordance with
section 706(a) of the Act, Commerce
will direct CBP to assess, upon further
instruction by Commerce,
countervailing duties for all relevant
entries of welded structural pipe from
China. Countervailing duties will be
assessed on unliquidated entries of
welded structural pipe from China
entered, or withdrawn from warehouse,
for consumption on or after June 29,
2018, the date of publication of the
Preliminary Determination,
10
but will
not be assessed on entries occurring
after the expiration of the provisional
measures period (October 27, 2018), in
accordance with section 703(d) of the
Act, until the date of publication of the
ITC Final Determination in the Federal
Register.
Stainless Steel Pipe
The Final ITC Report describes
stainless steel pipe as being produced
from stainless steel for its high-chrome
chemistry and corrosion-resistant
properties.
11
Because the ITC made a
negative determination of material
injury or threat of material injury by
reason of subsidized imports of stainless
steel pipe from China,
12
Commerce will
direct CBP to terminate the suspension
of liquidation for entries of stainless
steel pipe from China entered, or
withdrawn from warehouse, and to
refund all cash deposits with respect to
these entries pursuant to section
705(c)(2) of the Act.
Suspension of Liquidation
In accordance with section 706 of the
Act, Commerce will direct CBP to
reinstitute the suspension of liquidation
on all relevant entries of subject
merchandise (i.e., welded structural
pipe) from China, effective the date of
publication of the ITC Final
Determination in the Federal Register,
and to assess, upon further instruction
by Commerce pursuant to section
706(a)(1) of the Act, countervailing
duties for each entry of the subject
merchandise in an amount based on the
net countervailable subsidy rates for the
subject merchandise. We intend to
instruct CBP to require, at the same time
as importers would normally deposit
estimated import duties on this
merchandise, cash deposits for each
entry of subject merchandise equal to
the rates noted below. These
instructions suspending liquidation will
remain in effect until further notice. The
all-others rate applies to all other
producers or exporters not specifically
listed.
Exporter or producer Subsidy rate
(percent)
Hefei Zijin Steel Tube Manufac-
turing Co ............................... 198.49
Hefei Ziking Steel Pipe ............. 198.49
Panyu Chu Kong Steel Pipe
Co. Ltd .................................. 198.49
All-Others .................................. 198.49
Notifications to Interested Parties
This notice constitutes the
countervailing duty order with respect
to welded structural pipe from China
pursuant to section 706(a) of the Act.
Interested parties can find a list of
countervailing duty orders currently in
effect at http://enforcement.trade.gov/
stats/iastats1.html.
This order is published in accordance
with sections 705(c) and 706(a) of the
Dated: February 28, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix—Scope of the Order
The merchandise covered by this order is
welded carbon and alloy steel structural pipe
(other than stainless steel pipe), more than
406.4 mm (16 inches) in nominal outside
diameter (large diameter welded structural
pipe), regardless of wall thickness, length,
surface finish, grade, end finish, or
stenciling. Large diameter welded structural
pipe may 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 structural pipe may
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 structural 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
structural pipe meeting the physical
description set forth above, including any
dual- or multiple-certified/stenciled pipe
with an ASTM (or comparable) welded
structural pipe certification/stencil, is
covered by the scope of this order.
Subject merchandise also includes large
diameter welded structural 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 order if
performed in the country of manufacture of
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8077
Federal Register / Vol. 84, No. 44 / Wednesday, March 6, 2019 / Notices
1
See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 80 FR
18202 (April 3, 2015) (Initiation Notice). While
there were 195 individual names upon which we
initiated an administrative review, the number of
actual companies initiated upon is 99, due to
variations of names requested by multiple
interested parties and the groupings of companies
that we have previously collapsed.
2
See Memorandum, ‘‘Antidumping Duty
Administrative Review of Certain Frozen
Warmwater Shrimp from the Socialist Republic of
Vietnam: Selection of Respondents for Individual
Examination,’’ dated April 29, 2015.
3
See Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Final Results of
Antidumping Duty Administrative Review, 2014–
2015, 81 FR 62717 (September 12, 2016) (Final
Results) and accompanying Issues and Decision
Memorandum.
4
See section 771(18)(C)(i) of the Tariff Act of
1930, as amended (the Act).
5
See sections 773(c)(1) and (4) of the Act.
6
See Final Results at Comment 2, citing to
Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Preliminary Results
of Antidumping Duty Administrative Review and
Partial Rescission of Review; 2014–2015, 81 FR
12702 (March 10, 2016) (Preliminary Results) and
accompanying Preliminary Decision Memorandum
at 14–17.
7
Id.
8
See Final Results at Comment 2 (‘‘Fresh
unprocessed shrimp is a different input from frozen
semi-processed shrimp, which we consider to be an
intermediate, processed input. Accordingly, these
inputs must be reported separately and valued
appropriately, which in this instance means
applying different SVs to each. . . We continue to
value frozen shrimp using Bangladeshi UN
Comtrade data, as it satisfies our surrogate value
selection criteria and is from the primary surrogate
country’’) and Comment 8 (‘‘consistent with our
established practice, packing for direct materials,
which are discarded (or sold as scrap) prior to
entering the production process for subject
merchandise, do not qualify as ’byproducts’’’).
9
Id. at Comment 2B.
10
Id.
11
See Soc Trang Seafood Joint Stock Company
and Ca Mau Seafood Joint Stock Company v.
United States, Consol. Court No. 16–00205, Slip
Op. 18–75 (June 21, 2018) (Remand Opinion and
Order).
12
Id. at 40.
13
See Final Results of Redetermination Pursuant
to Court Remand, dated September 18, 2018, at 6–
9 and 13–20 (Remand Redetermination); available
at https://enforcement.trade.gov/remands/18–
75.pdf.
the in-scope large diameter welded structural
pipe.
Excluded from the scope of this order is
line pipe which is suitable for transporting
oil, gas, slurry, steam, or other fluids, liquids,
or gases, and is normally produced to
American Petroleum Institute (API)
specification 5L or equivalent foreign
specifications grades and/or standards or to
proprietary specifications, grades and/or
standards.
The large diameter welded structural pipe
that is subject to this order is currently
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) under
subheadings 7305.31.4000, 7305.31.6090,
7305.39.1000 and 7305.39.5000. Merchandise
currently classifiable 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, and
7305.19.5000 and that otherwise meets the
above scope language is also covered. While
the HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of this order
is dispositive.
[FR Doc. 2019–04049 Filed 3–5–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Certain Frozen Warmwater Shrimp
From the Socialist Republic of
Vietnam: Notice of Court Decision Not
in Harmony With Final Results of
Administrative Review
AGENCY
: Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY
: On February 19, 2019, the
United States Court of International
Trade (CIT or Court) issued its final
judgment, sustaining the Department of
Commerce’s (Commerce’s) final remand
results pertaining to the tenth
administrative review of the
antidumping duty order on certain
frozen warmwater shrimp from the
Socialist Republic of Vietnam (Vietnam)
covering the period of review (POR) of
February 1, 2014, through January 31,
2015. Commerce is notifying the public
that the final judgment in this case is
not in harmony with the final results of
the tenth administrative review, and
that Commerce is amending the final
results with respect to the surrogate
value used to value frozen shrimp in the
administrative review, which results in
amended antidumping duties.
DATES
: Applicable March 1, 2019.
FOR FURTHER INFORMATION CONTACT
:
Irene Gorelik, AD/CVD Operations
Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC, 20230; telephone:
(202) 482–6905.
SUPPLEMENTARY INFORMATION
:
Background
On April 3, 2015, Commerce initiated
an administrative review of 195
producers and exporters of certain
frozen warmwater shrimp from Vietnam
for the period February 1, 2014, through
January 31, 2015.
1
Commerce
individually examined Soc Trang
Seafood Joint Stock Company, also
known as Stapimex.
2
We issued the
Final Results on September 12, 2016.
3
Because Vietnam continues to be a
non-market economy (NME) country,
4
pursuant to section 773(c)(1) of the Act,
we based normal value on the NME
producer’s factors of production (FOPs),
valued in a surrogate market economy
country considered to be appropriate.
5
Upon evaluating the surrogate country
selection criteria, including the
availability of surrogate value data on
the record,
6
we selected Bangladesh
over other countries primarily due to
data availability considerations.
7
No
interested parties challenged
Commerce’s surrogate country selection.
In the Final Results, among other
issues, we addressed arguments
regarding the frozen shrimp surrogate
value and our denial of byproduct
offsets for packing materials claimed as
byproducts. We made no changes in the
Final Results regarding these two
issues.
8
With respect to the frozen
shrimp surrogate value, we explained
that ‘‘{b}ecause our strong preference is
to value all inputs from a single
surrogate country, we valued frozen
shrimp using the Bangladeshi UN
Comtrade data.’’
9
We further explained
that ‘‘{a}lthough the Indian GTA {data}
are contemporaneous, whereas
Bangladeshi UN Comtrade data are not,
this consideration does not outweigh
our preference to remain within the
primary surrogate country.’’
10
After the conclusion of the
administrative review, several interested
parties challenged various
determinations made in the Final
Results. The Court affirmed all the
challenged determinations, but
remanded two issues for further
explanation or reconsideration.
11
Specifically, in the Remand Opinion
and Order, the Court ordered Commerce
to reconsider or further explain: (1) its
reliance on Bangladeshi UN Comtrade
data to value purchased frozen shrimp
using Harmonized Tariff Schedule
(HTS) 0306.13 from among the other
frozen shrimp surrogate value data on
the record, namely the India Global
Trade Atlas (GTA) surrogate value data
under HTS 0306.17; and (2) its denial of
a byproduct offset for the claimed
byproduct related to ‘‘packaging.’’
12
In the Remand Redetermination, and
consistent with the Remand Opinion
and Order, Commerce reconsidered the
surrogate value used to value frozen
shrimp and recalculated the sole
mandatory respondent’s dumping
margin accordingly.
13
Further, as
directed by the Court, we explained our
denial of the mandatory respondent’s
request for an offset of packing materials
claimed as byproducts to the cost of
manufacturing in determining normal
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