[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Notices]
[Pages 45124-45125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16473]



[[Page 45124]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-851]


Certain Small Diameter Carbon and Alloy Seamless Standard, Line, 
and Pressure Pipe (Under 4 \1/2\ Inches) From Japan: Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to a request from the petitioner,\1\ the 
Department of Commerce (the Department) is conducting an administrative 
review of the antidumping duty order on certain small diameter carbon 
and alloy seamless standard, line, and pressure pipe (under 4 \1/2\ 
inches) from Japan. The period of review (POR) is June 1, 2014, through 
May 31, 2015.\2\ The review covers five producers or exporters of 
subject merchandise.\3\ We preliminarily find that NKK Tubes (NKK) had 
no shipments during the POR. Further, we preliminarily find that 
subject merchandise has been sold at less than normal value by JFE 
Steel Corporation (JFE), Nippon Steel & Sumitomo Metal Corporation 
(NSSMC), Nippon Steel Corporation (NSC), and Sumitomo Metal Industries, 
Ltd. (SMI). Interested parties are invited to comment on these 
preliminary results.
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    \1\ The petitioner is United States Steel Corporation.
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 45947 (August 3, 2015).
    \3\ The five producers or exporters are: JFE Steel Corporation 
(JFE), Nippon Steel & Sumitomo Metal Corporation (NSSMC), Nippon 
Steel Corporation (NSC), NKK Tubes (NKK), and Sumitomo Metal 
Industries, Ltd. (SMI).

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DATES: Effective July 12, 2016.

FOR FURTHER INFORMATION CONTACT: Jennifer Shore or Peter Zukowski, AD/
CVD Operations, Office I, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2778 or (202) 482-0189, respectively.

SUPPLEMENTARY INFORMATION:

Background

    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement and Compliance, the Department exercised its discretion 
to toll all administrative deadlines due to a closure of the Federal 
Government. As a result, the revised deadline for the preliminary 
results of this review was March 7, 2016.\4\ On March 2, 2016, the 
Department extended the deadline for the preliminary results to July 5, 
2016.
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    \4\ See Memorandum to the Record from Ron Lorentzen, Acting 
Assistant Secretary for Enforcement & Compliance, regarding 
``Tolling of Administrative Deadlines As a Result of the Government 
Closure During Snowstorm `Jonas,''' dated January 27, 2016. If the 
new deadline falls on a non-business day, in accordance with the 
Department's practice, the deadline will become the next business 
day.
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Scope of the Order

    The merchandise subject to the antidumping duty order is certain 
small diameter carbon and alloy seamless standard, line, and pressure 
pipe (under 4 \1/2\ inches) from Japan, which is currently classified 
under subheading 7304.10.10.30, 7304.10.10.45, 7304.10.10.60, 
7304.10.50.50, 7304.19.10.30, 7304.19.10.45, 7304.19.10.60, 
7304.19.50.50, 7304.31.60.10, 7304.31.60.50, 7304.39.00.04, 
7304.39.00.06, 7304.39.00.08, 7304.39.00.36, 7304.39.00.40, 
7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 
7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.51.50.15, 
7304.51.50.45, 7304.51.50.60, 7304.59.20.30, 7304.59.20.55, 
7304.59.20.60, 7304.59.20.70, 7304.59.60.00, 7304.59.80.30, 
7304.59.80.35, 7304.59.80.40, 7304.59.80.45, 7304.59.80.50, 
7304.59.80.55, 7304.59.80.60, 7304.59.80.65, and 7304.59.80.70 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the merchandise subject to the order is 
dispositive.\5\
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    \5\ For a full description of the scope of the order, see the 
``Preliminary Decision Memorandum for the Administrative Review of 
the Antidumping Duty Order on Certain Small Diameter Carbon and 
Alloy Seamless Standard, Line, and Pressure Pipe (Under 4 \1/2\ 
Inches) from Japan; 2014-2015 Administrative Review'' from Gary 
Taverman, Associate Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Ronald K. Lorentzen, Acting 
Assistant Secretary for Enforcement and Compliance, dated 
concurrently with this notice (Preliminary Decision Memorandum).
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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 NSSMC, the sole company selected for 
individual examination in this review, and we preliminarily assign to 
it a dumping margin of 106.07 percent. In making these findings, we 
relied on facts available because NSSMC failed to respond to the 
Department's antidumping duty questionnaire, and thus withheld 
requested information, failed to provide requested information by the 
established deadlines, and significantly impeded this proceeding. See 
sections 776(a)(1) and (2)(A)-(C) of the Act. Furthermore, because we 
preliminarily determine that NSSMC failed to cooperate by not acting to 
the best of its ability to comply with the Department's requests for 
information, we drew an adverse inference in selecting from among the 
facts otherwise available. See section 776(b) of the Act.
    Additionally, as indicated in the ``Preliminary Results of Review'' 
section below, we preliminarily determine that a margin of 106.07 
percent applies to the three firms not selected for individual review. 
For further information, see the Preliminary Decision Memorandum at 
``Rate for Non-Examined Companies.''
    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.
    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 http://access.trade.gov and 
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. A list of the 
topics discussed in the Preliminary Decision Memorandum is attached as 
an Appendix to this notice.

Preliminary Determination of No Shipments

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
information and information provided by NKK, we preliminarily determine 
that NKK had no shipments of the subject merchandise, and, therefore, 
no reviewable transactions, during the POR. For a full discussion of 
this determination, see the Preliminary Decision Memorandum. Consistent 
with our practice, we are not preliminarily rescinding the review with 
respect to NKK but, rather, we will complete the review with respect to 
this company and issue appropriate instructions to

[[Page 45125]]

CBP based on the final results of this review.\6\
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    \6\ See e.g., Certain Frozen Warmwater Shrimp From Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp From Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR at 
51306 (August 28, 2014).
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Preliminary Results of Review

    As a result of our review, we preliminarily determine that the 
following dumping margins on certain small diameter carbon and alloy 
seamless standard, line, and pressure pipe (under 4 \1/2\ inches) from 
Japan exist for the period June 1, 2014, through May 31, 2015, at the 
following rates:

------------------------------------------------------------------------
                                                              Margin
                Producer and/or Exporter                     (percent)
------------------------------------------------------------------------
JFE Steel Corporation...................................          106.07
Nippon Steel & Sumitomo Metal Corporation...............          106.07
Nippon Steel Corporation................................          106.07
Sumitomo Metals Industries..............................          106.07
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Disclosure and Public Comment

    Pursuant to 19 CFR 351.309(c), 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.\7\ Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\8\ Interested parties who wish to comment on the 
preliminary results must file briefs electronically using ACCESS.\9\ An 
electronically-filed document must be received successfully in its 
entirety in ACCESS, by 5 p.m. Eastern Time (ET) on the date the 
document is due.
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    \7\ See 19 CFR 351.309(d).
    \8\ See 19 CFR 351.303 (for general filing requirements).
    \9\ Id.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS, within 30 days after the 
date of publication of this notice. Requests should contain: (1) The 
party's name, address and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the respective case 
briefs.
    The Department intends to issue the final results of this 
administrative review, including the results of its analysis of the 
issues raised in any written briefs, not later than 120 days after the 
date of publication of this notice, pursuant to section 751(a)(3)(A) of 
the Act.

Assessment Rates

    Upon issuance of the final results, the Department shall determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review. If the preliminary results are unchanged for 
the final results we will instruct CBP to apply an ad valorem 
assessment rate of 106.07 percent to all entries of subject merchandise 
during the POR which were produced and/or exported by NSSMC, and an ad 
valorem assessment rate of 106.07 percent to all entries of subject 
merchandise during the POR which were produced and/or exported by the 
three aforementioned companies which were not selected for individual 
examination.\10\
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    \10\ See Preliminary Decision Memorandum at section V.b ``Rate 
for Non-Examined Companies'' (for an explanation of how we 
preliminarily determined the rate for non-selected companies).
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    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of review.

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 certain small diameter carbon and alloy seamless 
standard, line, and pressure pipe (under 4 \1/2\ inches) from Japan 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, as provided by section 751(a)(2) of the Act: (1) 
The cash deposit rates for the reviewed companies will be the rates 
established in the final results of this review; (2) for merchandise 
exported by manufacturers or exporters not covered in this 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; (3) if the exporter is 
not a firm covered in this review, a prior review, or the less-than-
fair-value investigation but the manufacturer is, the cash deposit rate 
will be the rate established for the most recently completed segment of 
this proceeding for the manufacturer of the merchandise; (4) if neither 
the exporter nor the manufacturer has its own rate, the cash deposit 
rate will continue to be 70.43 percent, the all-others rate established 
in the order.\11\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \11\ See Notice of Antidumping Duty Orders: Certain Large 
Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe 
from Japan; and Certain Small Diameter Carbon and Alloy Seamless 
Standard, Line and Pressure Pipe From Japan and the Republic of 
South Africa, 65 FR 39360 (June 26, 2000).
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Notifications to Importers

    This notice 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 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 doubled antidumping duties.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act.

    Dated: July 5, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of Methodology
    a. Use of Facts Otherwise Available
    i. Use of Facts Available
    ii. Application of Facts Available with and Adverse Inference
    iii. Selection and Corroboration of Information Used as Facts 
Available
    b. Rate for Non-Examined Companies
VI. Recommendation

[FR Doc. 2016-16473 Filed 7-11-16; 8:45 am]
 BILLING CODE 3510-DS-P