[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Notices]
[Pages 63827-63829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26815]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-867]
Welded Stainless Pressure Pipe From India: Preliminary Results of
Antidumping Duty Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers/exporters subject to this review made sales of subject
merchandise at less than normal value during the May 10, 2016, through
October 31, 2017, period of review (POR). We invite interested parties
to comment on these preliminary results.
DATES: Applicable December 12, 2018.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Stephanie Berger,
AD/CVD Operations, Office III, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4243
and (202) 482-2483, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty (AD) order on welded stainless pressure pipe (WSPP) from India.\1\
We selected two companies, Bhandari Foils & Tubes, Ltd. (Bhandari) and
Hindustan Inox, Ltd. (Hindustan Inox), for individual examination.\2\
For a complete description of the events that followed the initiation
of this review, see the Preliminary Decision Memorandum.\3\ A list of
topics included in the Preliminary Decision Memorandum is included as
an Appendix to this notice.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 1329 (January 11, 2018) (Initiation
Notice).
\2\ See memorandum, ``First Antidumping Duty Administrative
Review of Welded Stainless Pressure Pipe from India: Respondent
Selection,'' dated February 2, 2018.
\3\ See memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Welded Stainless
Pressure Pipe from India, 2016-2017,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order \4\
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\4\ For the full text of the scope of the order, see the
Preliminary Decision Memorandum.
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The merchandise covered by this order is circular welded austenitic
stainless pressure pipe not greater than 14 inches in outside diameter.
For purposes of this scope, references to size are in nominal inches
and include all products within tolerances allowed by pipe
specifications. This merchandise includes, but is not limited to, the
American Society for Testing and Materials (ASTM) A-312 or ASTM A-778
specifications, or comparable domestic or foreign specifications. ASTM
A-358 products are only included when they are produced to meet ASTM A-
312 or ASTM A-778 specifications, or comparable domestic or foreign
specifications.
The subject imports are normally classified in subheadings
7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, and
7306.40.5085 of the Harmonized Tariff Schedule of the United States
(HTSUS). They may also enter under HTSUS subheadings 7306.40.1010,
7306.40.1015, 7306.40.5042, 7306.40.5044, 7306.40.5080, and
7306.40.5090. The HTSUS subheadings are provided for convenience and
customs purposes only; the written description of the scope of this
order is dispositive.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1) and (2) of Tariff Act of 1930, as amended (the Act). Export
price and constructed export price were calculated in accordance with
section 772 of the Act. Normal value was calculated in accordance with
section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov and is available to all
parties in the Central Records Unit, Room B8024 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
internet at http://enforcement.trade.gov/frn/index.html. The signed
Preliminary Decision Memorandum and the electronic version of the
Preliminary Decision Memorandum are identical in content.
Preliminary Results of the Review
We preliminarily determine the following weighted-average dumping
margins exist for the POR:
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\5\ This rate is based on the rates for the respondents that
were selected for individual review, excluding rates that are zero,
de minimis or based entirely on facts available. See section
735(c)(5)(A) of the Act. See also See Memorandum, ``Welded Stainless
Pressure Pipe from India: Calculation of the All-Others Rate in the
Preliminary Results of Antidumping Duty Administrative Review; 2016-
2017,'' dated concurrently with this notice.
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Estimated
weighted-
Exporter/producer average
dumping margin
(percent)
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Bhandari Foils & Tubes, Ltd............................. 7.19
Hindustan Inox, Ltd..................................... 2.03
Apex Tubes Private Ltd.................................. \5\ 3.89
Apurvi Industries....................................... 3.89
Arihant Tubes........................................... 3.89
Divine Tubes Pvt. Ltd................................... 3.89
Heavy Metal & Tubes..................................... 3.89
J.S.S. Steelitalia Ltd.................................. 3.89
Linkwell Seamless Tubes Private Limited................. 3.89
Maxim Tubes Company Pvt. Ltd............................ 3.89
MBM Tubes Pvt. Ltd...................................... 3.89
Mukat Tanks & Vessel Ltd................................ 3.89
Neotiss Ltd............................................. 3.89
Prakash Steelage Ltd.................................... 3.89
Quality Stainless Pvt. Ltd.............................. 3.89
Raajratna Metal Industries Ltd.......................... 3.89
Ratnadeep Metal & Tubes Ltd............................. 3.89
Ratnamani Metals & Tubes Ltd............................ 3.89
Remi Edelstahl Tubulars................................. 3.89
Shubhlaxmi Metals & Tubes Private Limited............... 3.89
SLS Tubes Pvt. Ltd...................................... 3.89
Steamline Industries Ltd................................ 3.89
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Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.
If the weighted-average dumping margin for the mandatory
respondents (i.e., Bhandari and Hindustan Inox) is not zero or de
minimis (i.e., less than 0.5 percent), we will calculate importer-
specific ad valorem AD assessment rates based on the ratio of the total
amount of dumping calculated for the importers examined sales to the
total entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\6\ We will
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instruct CBP to assess antidumping duties on all appropriate entries
covered by this review when the importer-specific assessment rate
calculated in the final results of this review is above de minimis
(i.e., 0.5 percent). Where either the respondent's weighted-average
dumping margin is zero or de minimis, or an importer-specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
The final results of this review shall be the basis for the assessment
of antidumping duties on entries of merchandise covered by the final
results of this review where applicable.
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\6\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: See Calculation of the Weighted-Average Dumping Margin
and Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
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For the companies which were not selected for individual review, we
will assign an assessment rate based on the weighted-average of the
cash deposit rates calculated for the companies selected for mandatory
review (i.e., Bhandari and Hindustan), excluding any which are zero, de
minimis, or determined entirely on adverse facts available. The final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.\7\
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\7\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by each
respondent for which they did not know that their merchandise was
destined for the United States, we will instruct CBP to liquidate
entries not reviewed at the all-others rate of 8.35 percent if there is
no rate for the intermediate company(ies) involved in the
transaction.\8\ We intend to issue instructions to CBP 15 days after
publication of the final results of this review.
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\8\ See Order.
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Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of WSPP from India entered, or withdrawn from warehouse,
for consumption on or after the date of publication provided by section
751(a)(2) of the Act: (1) The cash deposit rate for each company listed
above will be equal to the dumping margins established in the final
results of this review except if the ultimate rates are de minimis
within the meaning of 19 CFR 351.106(c)(1), in which case the cash
deposit rates will be zero; (2) for merchandise exported by producers
or exporters not covered in this administrative review but covered in a
prior segment of the proceeding, the cash deposit rate will continue to
be the company-specific rate published for the most recently completed
segment of this proceeding in which the producer or exporter
participated; (3) if the exporter is not a firm covered in this review,
a prior review, or the original less-than-fair-value investigation but
the producer is, the cash deposit rate will be the rate established for
the most recently completed segment of the proceeding for the producer
of the merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 8.35 percent, the all-others
rate established in the antidumping investigation.\9\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\9\ Id.
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Disclosure and Public Comment
Commerce will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\10\
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs not later than 30 days after the date of publication of
this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\11\ Parties who submit case briefs or rebuttal briefs in
this proceeding are requested to submit with the argument: (1) A
statement of the issue, (2) a summary of the argument, and (3) a table
of authorities.\12\ All briefs must be filed electronically using
ACCESS. An electronically filed document must be received successfully
in its entirety by Commerce's electronic records system, ACCESS.
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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(d).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using Enforcement and
Compliance's ACCESS system within 30 days of publication of this
notice.\13\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing is made, we will inform
parties of the scheduled date for the hearing which will be held at the
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230, at a time and location to be determined.\14\ Parties should
confirm by telephone the date, time, and location of the hearing.
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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 351.310.
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce will issue the final results
of this administrative review, including the results of our analysis of
the issues raised by the parties in their case briefs, within 120 days
after issuance of these preliminary results.
Notification To Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping duties occurred and the
subsequent assessment of doubled antidumping duties.
These preliminary results of review is are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213(h).
Dated: December 3, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum:
I. Summary
II. Background
III. Scope of the Order
IV. Rates for Respondents Not Selected for Individual Examination
V. Discussion of the Methodology
A. Comparisons to Normal Value
B. Determination of the Comparison Method
C. Results of the Differential Pricing Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Export Price
IX. Normal Value
A. Home Market Viability
B. Affiliated-Party Transactions and Arm's-Length Test
C. Level of Trade
D. Cost of Production Analysis
E. Calculation of NV Based on Comparison Market Prices
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X. Currency Conversion
XI. Recommendation
[FR Doc. 2018-26815 Filed 12-11-18; 8:45 am]
BILLING CODE 3510-DS-P