[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Notices]
[Pages 31092-31093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12587]



[[Page 31092]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-816]


Welded Stainless Pressure Pipe From the Socialist Republic of 
Vietnam: Final Determination of Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (``Department'') determines that 
welded stainless pressure pipe (``WSPP'') from the Socialist Republic 
of Vietnam (``Vietnam'') is being, or is likely to be, sold in the 
United States at less than fair value (``LTFV''), as provided in 
section 735 of the Tariff Act of 1930, as amended (``the Act''). The 
final weighted-average dumping margins of sales at LTFV are shown in 
the ``Final Determination'' section of this notice.

DATES: Effective Date: May 30, 2014.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Erin Kearney, 
AD/CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6412 or (202) 482-0167, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published its Preliminary Determination on January 
7, 2014.\1\ On March 20, 2014, we issued a post-preliminary analysis on 
the Vietnam-wide entity rate.\2\ On March 27, 2014, we received case 
briefs from Bristol Metals, LLC, Felker Brothers Corp., and Outokumpu 
Stainless Pipe, Inc. (``Petitioners'') and Sonha International 
Corporation (``Sonha'').\3\ On March 31, 2014, we rejected Petitioners' 
case brief because it contained untimely filed new factual information. 
On April 1, 2014, we received a refiled case brief from Petitioners, as 
requested by the Department.\4\ On April 3, 2014, we received rebuttal 
briefs from Petitioners and Sonha.\5\ Based on an analysis of the 
comments received, the Department has made changes from the Preliminary 
Determination.
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    \1\ See Welded Stainless Pressure Pipe from the Socialist 
Republic of Vietnam: Preliminary Determination of Sales at Less Than 
Fair Value and Postponement of Final Determination, 79 FR 806 
(January 7, 2014) (``Preliminary Determination'').
    \2\ See Memorandum from Abdelali Elouaradia, Office Director, 
AD/CVD Operations, Office IV, to Paul Piquado, Assistant Secretary 
for Enforcement and Compliance, ``Welded Stainless Pressure Pipe 
from the Socialist Republic of Vietnam: Post-Preliminary Analysis on 
the Vietnam-Wide Entity Rate,'' dated March 20, 2014 (``Post-
Preliminary Analysis'').
    \3\ See submission from Sonha, ``Sonha's Direct Case Brief: 
Antidumping Duty Investigation of Welded Stainless Pressure Pipe 
from Vietnam (A-552-816),'' dated March 27, 2014.
    \4\ See submission from Petitioners, ``Welded Stainless Pressure 
Pipe from Vietnam: Petitioners' Case Brief,'' dated April 1, 2014.
    \5\ See submission from Petitioners, ``Welded Stainless Pressure 
Pipe from Vietnam: Petitioners' Rebuttal Brief,'' dated April 3, 
2014; see also submission from Sonha, ``Sonha's Rebuttal Case Brief: 
Antidumping Duty Investigation of Welded Stainless Pressure Pipe 
from Vietnam (A-552-816),'' dated April 3, 2014.
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Period of Investigation

    The period of investigation (``POI'') is October 1, 2012, through 
March 31, 2013.

Scope of the Investigation

    The merchandise covered by this investigation is circular welded 
austenitic stainless pressure pipe not greater than 14 inches in 
outside diameter. For purposes of this investigation, 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.
    Excluded from the scope are: (1) Welded stainless mechanical 
tubing, meeting ASTM A-554 or comparable domestic or foreign 
specifications; (2) boiler, heat exchanger, superheater, refining 
furnace, feedwater heater, and condenser tubing, meeting ASTM A-249, 
ASTM A-688 or comparable domestic or foreign specifications; and (3) 
specialized tubing, meeting ASTM A269, ASTM A-270 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 
investigation is dispositive.

Verification

    As provided in section 782(i) of the Act, the Department verified 
the information submitted by Sonha for use in the final determination. 
The Department used standard verification procedures, including 
examination of relevant accounting and production records and original 
source documents provided by the respondent.\6\
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    \6\ See Memorandum to the File from Lilit Astvatsatrian and Erin 
Kearney, Senior International Trade Compliance Analysts, AD/CVD 
Operations, Office IV, ``Verification of the Sales and Factors 
Responses of Sonha International Corporation in the Antidumping 
Investigation of Welded Stainless Steel Pipe from the Socialist 
Republic of Vietnam,'' dated February 26, 2014 (``Verification 
Report'').
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs for this 
investigation are addressed in the Issues and Decision Memorandum, 
which is dated concurrently with and hereby adopted by this notice.\7\ 
A list of the issues which parties have raised and to which we have 
responded in the Issues and Decision Memorandum is attached to this 
notice as an Appendix. The Issues and Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``IA ACCESS''). Access to IA ACCESS is available to registered 
users at http://iaaccess.trade.gov; the Issues and Decision Memorandum 
is available to all parties in the Central Records Unit, room 7046 of 
the main Department of Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
on the Internet at http://www.trade.gov/enforcement. The signed version 
and electronic version of the Issues and Decision Memorandum are 
identical in content.
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    \7\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Issues and Decision Memorandum for the Final Determination of the 
Antidumping Duty Investigation of Welded Stainless Pressure Pipe 
from the Socialist Republic of Vietnam,'' dated May 22, 2014 
(``Issues and Decision Memorandum'').
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Changes Since the Preliminary Determination

     We valued electricity using the electricity price data for 
large industries, as published by the Central Electricity Authority in 
its publication, ``Electricity Tariff & Duty and Average Rates of 
Electricity Supply in India.'' \8\
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    \8\ See Memorandum to the File, ``Welded Stainless Pressure Pipe 
from the Socialist Republic of Vietnam: Analysis of the Final 
Determination Margin Calculation for Sonha International 
Corporation, dated May 22, 2014 (``Final Analysis Memorandum''), at 
page 2 and Attachment 3; see also Issues and Decision Memorandum at 
Comment 3.

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[[Page 31093]]

     We adjusted Sonha's brokerage and handling surrogate value 
by Sonha's own average shipment weight for a 20-foot container.\9\
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    \9\ See Final Analysis Memorandum at page 2 and Attachments 3-4 
and see also Issues and Decision Memorandum at Comment 5.
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     We used Sonha's revised factors of production (``FOP'') 
database which reflects changes in the consumption rates of certain 
packing materials and supplier distances as a result of minor 
corrections and findings at the verification.\10\
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    \10\ See Final Analysis Memorandum at page 1 and Attachment 1; 
see also Verification Report at pages 2-3.
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     We revised the market-economy purchase prices for certain 
FOPs as a result of minor corrections at the verification.\11\
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    \11\ See Final Analysis Memorandum at page 2 and Attachment 3.
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     We revised the Vietnam-wide rate to be the same as Sonha's 
calculated margin.\12\
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    \12\ See Post-Preliminary Analysis.
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Final Determination

    The Department determines that the following weighted-average 
dumping margins exist:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
             Exporter                       Producer            dumping
                                                                margin
------------------------------------------------------------------------
Sonha International Corporation..  Sonha International             16.25
                                    Corporation.
Mejonson Industrial Vietnam Co.,   Mejonson Industrial             16.25
 Ltd.                               Vietnam Co., Ltd.
Vietnam-Wide Entity..............  .........................       16.25
------------------------------------------------------------------------

Disclosure

    The Department intends to disclose calculations performed for this 
final determination to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (``CBP'') to continue 
to suspend liquidation of all appropriate entries of WSPP from Vietnam 
as described in the ``Scope of the Investigation'' section, which were 
entered, or withdrawn from warehouse, for consumption on or after 
January 7, 2014, the date of publication of the Preliminary 
Determination in the Federal Register. CBP shall require a cash deposit 
equal to the estimated amount by which the normal value exceeds the 
U.S. price as shown above. These instructions suspending liquidation 
will remain in effect until further notice.

International Trade Commission (``ITC'') Notification

    In accordance with section 735(d) of the Act, we will notify the 
ITC of our final affirmative determination of sales at LTFV. Because 
the final determination in this proceeding is affirmative, in 
accordance with section 735(b)(2) of the Act, the ITC will make its 
final determination as to whether the domestic industry in the United 
States is materially injured, or threatened with material injury, by 
reason of imports of WSPP from Vietnam no later than 45 days after our 
final determination. If the ITC determines that material injury or 
threat of material injury does not exist, the proceeding will be 
terminated and all securities posted will be refunded or canceled. If 
the ITC determines that such injury does exist, the Department will 
issue an antidumping duty order directing CBP to assess antidumping 
duties on all imports of the merchandise under investigation entered, 
or withdrawn from warehouse, for consumption on or after the effective 
date of the suspension of liquidation.

Notification Regarding Administrative Protective Orders (``APO'')

    This notice also serves as a final reminder to the parties subject 
to APO of their responsibility concerning the disposition of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305. Timely written notification of return or destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    This determination and notice are issued and published in 
accordance with sections 735(d) and 777(i)(1) of the Act.

    Dated: May 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--Issues and Decision Memorandum

Summary

Case Issues

Scope of the Investigation

Discussion of the Issues

Comment 1: Financial Ratios
Comment 2: Date of Sale
Comment 3: Electricity
Comment 4: Valuation of Argon and Hydrogen
Comment 5: Adjustment of Brokerage and Handling Charges
Comment 6: Withdrawal of the Regulatory Provisions Governing 
Targeted Dumping in Less-Than-Fair-Value Investigations
Comment 7: Differential Pricing Analysis

Recommendation

Attachment: Acronym and Abbreviation Table

[FR Doc. 2014-12587 Filed 5-29-14; 8:45 am]
BILLING CODE 3510-DS-P