[Federal Register Volume 79, Number 141 (Wednesday, July 23, 2014)]
[Notices]
[Pages 42762-42763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17348]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-850]


Certain Large Diameter Carbon and Alloy Seamless Standard, Line, 
and Pressure Pipe (Over 4\1/2\ Inches) From Japan: Preliminary Results 
of the Antidumping Duty Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on certain large 
diameter carbon and alloy seamless standard, line, and pressure pipe 
(over 4\1/2\ inches) from Japan.\1\ The period of review (POR) is June 
1, 2012, through May 31, 2013. We preliminarily determine that sales of 
subject merchandise by Sumitomo Metal Industries, Ltd. (SMI) were made 
at less than normal value. In addition, we preliminarily find that no 
shipments were made by JFE Steel Corporation (JFE), Nippon Steel 
Corporation (Nippon), and NKK Tubes (NKK) during the POR. Interested 
parties are invited to comment on these preliminary results.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 78 FR 
46566 (August 1, 2013).

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DATES: Effective Date: July 23, 2014.

FOR FURTHER INFORMATION CONTACT: Jennifer Meek, AD/CVD Operations, 
Office 1, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2778.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The products covered by the order are large diameter seamless 
carbon and alloy (other than stainless) steel standard, line, and 
pressure pipes produced, or equivalent, to the American Society for 
Testing and Materials (ASTM) A-53, ASTM A-106, ASTM A-333, ASTM A-334, 
ASTM A-589, ASTM A-795, and the American Petroleum Institute (API) 5L 
specifications and meeting the physical parameters described below, 
regardless of application. A full description of the scope of the order 
is contained in the memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to Paul 
Piquado, Assistant Secretary for Enforcement and Compliance, ``Decision 
Memorandum for Preliminary Results of Antidumping Duty Administrative 
Review: certain large diameter carbon and alloy seamless standard, 
line, and pressure pipe (over 4\1/2\ inches) from Japan; 2012-2013 
Administrative Review'' (Preliminary Decision Memorandum), which is 
hereby adopted by this notice. The written description is dispositive.
    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 (IA ACCESS). 
IA ACCESS is available to registered users at http://iaaccess.trade.gov 
and 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 Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and the electronic versions of the Preliminary Decision 
Memorandum are identical in content.

Preliminary Determination of No Shipments

    See the Preliminary Decision Memorandum for a full discussion of 
our preliminary determination of no shipments with respect to JFE, 
Nippon, and NKK.

Methodology

    In accordance with sections 776(a) and (b) of the Tariff Act of 
1930, as amended (the Act), we relied on facts available with an 
adverse inference with respect to SMI, Thus, we preliminarily assign a 
rate of 107.80 percent as the weighted-average dumping margin for SMI. 
For a full description of the methodology underlying our conclusions, 
see the Preliminary Decision Memorandum. A list of topics included in 
the Preliminary Decision Memorandum is included in the Appendix 
attached to this notice.

Preliminary Results of Review

    We preliminarily determine that, for the period June 1, 2012, 
through May 31, 2013, the following dumping margin exists for a certain 
entry for SMI:

------------------------------------------------------------------------
                                                                Rate
                          Company                             (percent)
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Sumitomo Metal Industries, Ltd............................       107.80
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Disclosure and Public Comment

    The Department intends to disclose to parties to the proceeding any 
calculations performed in connection with these preliminary results 
within five days after the date of publication of this notice.\2\ 
Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs within 30 days of the date of publication of this notice. 
Rebuttal briefs, which must be limited to issues raised in the case 
briefs, should be filed not later than five days after the time limit 
for filing case briefs.\3\ Parties submitting arguments in this 
proceeding are requested to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the

[[Page 42763]]

argument; and (3) a table of authorities, in accordance with 19 CFR 
351.309(c)(2)and (d)(2).
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    \2\ See 19 CFR 351.224(b).
    \3\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of publication of this notice in the Federal 
Register. To request a hearing, or to participate if one is requested, 
parties must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce. All documents 
must be filed electronically using IA ACCESS. If a hearing is 
requested, the Department will notify interested parties of the hearing 
schedule. Issues raised in the hearing will be limited to those raised 
in the case and rebuttal briefs.
    The Department intends to issue the final results of this 
administrative review, which will include the results of its analysis 
of issues raised in any such comments, within 120 days of publication 
of these preliminary results, unless extended. See section 751(a)(3)(A) 
of the Act and 19 CFR 351.213(h).

Cash-Deposit Requirements

    The following deposit requirements will remain effective upon 
completion of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided in section 751(a)(1) 
of the Act: (1) Cash-deposit rate for SMI will be that established in 
the final results of this review; (2) for previously reviewed or 
investigated companies not covered in this review, the cash-deposit 
rate will continue to be the rate published for the most recent period; 
(3) if the exporter is not a firm covered in this review, a prior 
review, or the less-than fair- value (LTFV) investigation but the 
manufacturer is, the cash-deposit rate will be the rate established for 
the most recent period for the manufacturer of the subject merchandise; 
(4) if neither the exporter nor the manufacturer is a firm covered in 
this or any previous segment of the proceeding, the cash deposit rate 
will continue to be the all others rate established in the LTFV 
investigation, which is 68.88 percent.\4\ These cash-deposit 
requirements, when imposed, shall remain in effect until further notice
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    \4\ See Antidumping Duty Order.
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Assessment Rates

    Upon completion of the administrative review, the Department shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries, in accordance with 19 
CFR 351.212. The Department intends to issue assessment instructions to 
CBP 15 days after the date of publication of the final results of this 
review.
    Where assessments are based upon total facts available, including 
total AFA, we instruct CBP to assess duties at the AFA margin rate. If 
these preliminary results are unchanged in the final results, then the 
Department intends to instruct CBP to assess antidumping duties on POR 
entries of the subject merchandise produced or exported by SMI at the 
rate of 107.80 percent of the entered value.\5\ 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.\6\
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    \5\ See 19 CFR 351.212(b)(1).
    \6\ See section 751(a)(2)(C) of the Act.
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\7\ This clarification will apply to all POR entries 
entered under the case numbers for JFE, Nippon, and NKK, and certain 
entries entered under the case number for SMI, if we continue to make a 
final determination of no shipments because they certified that they 
made no POR shipments of subject merchandise for which they had 
knowledge of U.S. destination. We will instruct CBP to liquidate these 
entries at the all-others rate established in the LTFV investigation, 
68.88 percent,\8\ if there is no rate for the intermediary involved in 
the transaction. See Assessment Policy Notice for a full discussion of 
this clarification.
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    \7\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
    \8\ See Order.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    These preliminary results of administrative review and notice are 
published in accordance with sections 751(a)(1) and 777(i)(1) of the 
Act and 19 CFR 351.221.

     Dated: July 17, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in Preliminary Decision Memorandum

A. Summary
B. Background
C. Scope of the Order
D. Discussion of Methodology
    1. Preliminary Determination of No Shipments
    2. Facts Available

[FR Doc. 2014-17348 Filed 7-22-14; 8:45 am]
BILLING CODE 3510-DS-P