[Federal Register Volume 81, Number 209 (Friday, October 28, 2016)]
[Notices]
[Pages 75028-75030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26113]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-535-903]


Circular Welded Carbon-Quality Steel Pipe From Pakistan: Final 
Affirmative Determination of Sales at Less Than Fair Value

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

SUMMARY: The U.S. Department of Commerce (the Department) determines 
that circular welded carbon-quality steel pipe (circular welded pipe) 
from Pakistan is being, or is likely to be, sold in the United States 
at less than fair value (LTFV). The period of investigation (POI) is 
October 1, 2014, through September 30, 2015. The final dumping margins 
of sales at LTFV are listed below in the ``Final Determination'' 
section of this notice.

DATES: Effective October 28, 2016.

FOR FURTHER INFORMATION CONTACT: David Lindgren, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3870.

SUPPLEMENTARY INFORMATION: 

Background

    On June 8, 2016, the Department published the Preliminary 
Determination.\1\ We invited interested

[[Page 75029]]

parties to submit comments on the Preliminary Determination, but we 
received no comments. Additionally, no party requested a hearing.
---------------------------------------------------------------------------

    \1\ See Circular Welded Carbon-Quality Steel Pipe From Pakistan: 
Affirmative Preliminary Determination of Sales at Less Than Fair 
Value and Postponement of Final Determination and Extension of 
Provisional Measures, 81 FR 36867 (June 8, 2016) (Preliminary 
Determination).
---------------------------------------------------------------------------

Scope of the Investigation

    The scope of the investigation covers circular welded pipe from 
Pakistan. For a complete description of the scope of this 
investigation, see Appendix I.

Analysis of Comments Received

    As noted above, we received no comments since the publication of 
the Preliminary Determination.

Changes Since the Preliminary Determination and Use of Adverse Facts 
Available

    As stated in the Preliminary Determination, we found that the sole 
mandatory respondent, International Industries Limited (IIL) did not 
cooperate to the best of its ability and, accordingly we determined it 
appropriate to apply facts otherwise available with adverse inferences 
in accordance with section 776(a)-(b) of the Tariff Act of 1930, as 
amended (the Act). For the purposes of this final determination, the 
Department has made no changes to the Preliminary Determination.

All-Others Rate

    As discussed in the Preliminary Determination, in accordance with 
section 735(c)(5)(B) of the Act, the Department based the selection of 
the ``All-Others'' rate on the petition rate of 11.80 percent. We have 
made no changes to the selection of this rate for this final 
determination.

Final Determination

    The final weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                     Exporter/ Producer                         margin
                                                               (percent)
------------------------------------------------------------------------
International Industries Limited............................      11.80.
All-Others..................................................      11.80.
------------------------------------------------------------------------

Disclosure

    The weighted-average dumping margin assigned to IIL in the 
Preliminary Determination was based on adverse facts available. As we 
have made no changes to the margin since the Preliminary Determination, 
no disclosure of calculations is necessary for this final 
determination.

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 circular welded pipe 
from Pakistan, as described in Appendix I of this notice, which were 
entered, or withdrawn from warehouse, for consumption on or after June 
8, 2016, the date of publication of the Preliminary Determination.
    Further, CBP will instruct CBP to require a cash deposit equal to 
the estimated amount by which the normal value exceeds the U.S. price 
as shown above. Where the subject merchandise under investigation is 
also subject to a concurrent countervailing duty (CVD) investigation, 
we normally instruct CBP to require a cash deposit less the amount of 
any countervailing duties determined to be export subsidies.\2\ In the 
concurrent CVD investigation in this case, the Department did not 
determine any of the countervailable subsidies to be export subsidies. 
Accordingly, in the event that a CVD order is issued and suspension of 
liquidation is resumed in the companion CVD investigation, the 
Department will make no adjustment to the cash deposit rate to account 
for export subsidies.
---------------------------------------------------------------------------

    \2\ See, e.g., Notice of Final Determination of Sales at Less 
Than Fair Value: Carbazole Violet Pigment 23 From India, 69 FR 
67306, 67307 (November 17, 2004); and Notice of Final Determination 
of Sales at Less Than Fair Value and Negative Critical Circumstances 
Determination: Bottom Mount Combination Refrigerator-Freezers From 
the Republic of Korea, 77 FR 17413 (March 26, 2012).
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of the 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 circular welded 
pipe from Pakistan no later than 45 days after this final 
determination. If the ITC determines that material injury or threat of 
material injury does not exist, the proceeding will be terminated and 
all cash deposits will be refunded. If the ITC determines that such 
injury does exist, the Department will issue an antidumping duty order 
directing CBP to assess, upon further instruction by the Department, 
antidumping duties on all imports of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the effective 
date of the suspension of liquidation.

Notification Regarding Administrative Protective Orders

    This notice serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
return of 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 is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: October 21, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    This investigation covers welded carbon-quality steel pipes and 
tube, of circular cross-section, with an outside diameter (O.D.) not 
more than nominal 16 inches (406.4 mm), regardless of wall 
thickness, surface finish (e.g., black, galvanized, or painted), end 
finish (plain end, beveled end, grooved, threaded, or threaded and 
coupled), or industry specification (e.g., American Society for 
Testing and Materials International (ASTM), proprietary, or other), 
generally known as standard pipe, fence pipe and tube, sprinkler 
pipe, and structural pipe (although subject product may also be 
referred to as mechanical tubing). Specifically, the term ``carbon 
quality'' includes products in which:
    (a) Iron predominates, by weight, over each of the other 
contained elements;
    (b) the carbon content is 2 percent or less, by weight; and
    (c) none of the elements listed below exceeds the quantity, by 
weight, as indicated:
    (i) 1.80 percent of manganese;
    (ii) 2.25 percent of silicon;
    (iii) 1.00 percent of copper;
    (iv) 0.50 percent of aluminum;
    (v) 1.25 percent of chromium;
    (vi) 0.30 percent of cobalt;
    (vii) 0.40 percent of lead;
    (viii) 1.25 percent of nickel;
    (ix) 0.30 percent of tungsten;
    (x) 0.15 percent of molybdenum;
    (xi) 0.10 percent of niobium;
    (xii) 0.41 percent of titanium;
    (xiii) 0.15 percent of vanadium; or
    (xiv) 0.15 percent of zirconium.
    Covered products are generally made to standard O.D. and wall 
thickness combinations. Pipe multi-stenciled to a standard and/or 
structural specification and to other specifications, such as 
American Petroleum Institute (API) API-5L specification, may also be 
covered by the scope of these investigations. In particular, such 
multi-stenciled merchandise is covered when it meets the physical 
description set forth above, and also has one or more of the

[[Page 75030]]

following characteristics: Is 32 feet in length or less; is less 
than 2.0 inches (50 mm) in outside diameter; has a galvanized and/or 
painted (e.g., polyester coated) surface finish; or has a threaded 
and/or coupled end finish.
    Standard pipe is ordinarily made to ASTM specifications A53, 
A135, and A795, but can also be made to other specifications. 
Structural pipe is made primarily to ASTM specifications A252 and 
A500. Standard and structural pipe may also be produced to 
proprietary specifications rather than to industry specifications.
    Sprinkler pipe is designed for sprinkler fire suppression 
systems and may be made to industry specifications such as ASTM A53 
or to proprietary specifications.
    Fence tubing is included in the scope regardless of 
certification to a specification listed in the exclusions below, and 
can also be made to the ASTM A513 specification. Products that meet 
the physical description set forth above but are made to the 
following nominal outside diameter and wall thickness combinations, 
which are recognized by the industry as typical for fence tubing, 
are included despite being certified to ASTM mechanical tubing 
specifications:

------------------------------------------------------------------------
                                                      Wall
                                                    thickness
             O.D. in inches (nominal)               in inches     Gage
                                                    (nominal)
------------------------------------------------------------------------
1.315............................................       0.035         20
1.315............................................       0.047         18
1.315............................................       0.055         17
1.315............................................       0.065         16
1.315............................................       0.072         15
1.315............................................       0.083         14
1.315............................................       0.095         13
1.660............................................       0.055         17
1.660............................................       0.065         16
1.660............................................       0.083         14
1.660............................................       0.095         13
1.660............................................       0.109         12
1.900............................................       0.047         18
1.900............................................       0.055         17
1.900............................................       0.065         16
1.900............................................       0.072         15
1.900............................................       0.095         13
1.900............................................       0.109         12
2.375............................................       0.047         18
2.375............................................       0.055         17
2.375............................................       0.065         16
2.375............................................       0.072         15
2.375............................................       0.095         13
2.375............................................       0.109         12
2.375............................................       0.120         11
2.875............................................       0.109         12
2.875............................................       0.165          8
3.500............................................       0.109         12
3.500............................................       0.165          8
4.000............................................       0.148          9
4.000............................................       0.165          8
4.500............................................       0.203          7
------------------------------------------------------------------------

    The scope of this investigation does not include:
    (a) Pipe suitable for use in boilers, superheaters, heat 
exchangers, refining furnaces and feedwater heaters, whether or not 
cold drawn, which are defined by standards such as ASTM A178 or ASTM 
A192;
    (b) finished electrical conduit, i.e., Electrical Rigid Steel 
Conduit (also known as Electrical Rigid Metal Conduit and Electrical 
Rigid Metal Steel Conduit), Finished Electrical Metallic Tubing, and 
Electrical Intermediate Metal Conduit, which are defined by 
specifications such as American National Standard (ANSI) C80.1-2005, 
ANSI C80.3-2005, or ANSI C80.6-2005, and Underwriters Laboratories 
Inc. (UL) UL-6, UL-797, or UL-1242;
    (c) finished scaffolding, i.e., component parts of final, 
finished scaffolding that enter the United States unassembled as a 
``kit.'' A kit is understood to mean a packaged combination of 
component parts that contains, at the time of importation, all of 
the necessary component parts to fully assemble final, finished 
scaffolding;
    (d) tube and pipe hollows for redrawing;
    (e) oil country tubular goods produced to API specifications;
    (f) line pipe produced to only API specifications, such as API 
5L, and not multi-stenciled; and
    (g) mechanical tubing, whether or not cold-drawn, other than 
what is included in the above paragraphs.
    The products subject to this investigation are currently 
classifiable in Harmonized Tariff Schedule of the United States 
(HTSUS) statistical reporting numbers 7306.19.1010, 7306.19.1050, 
7306.19.5110, 7306.19.5150, 7306.30.1000, 7306.30.5015, 
7306.30.5020, 7306.30.5025, 7306.30.5032, 7306.30.5040, 
7306.30.5055, 7306.30.5085, 7306.30.5090, 7306.50.1000, 
7306.50.5030, 7306.50.5050, and 7306.50.5070. The HTSUS subheadings 
above are provided for convenience and U.S. Customs purposes only. 
The written description of the scope of the investigation is 
dispositive.

[FR Doc. 2016-26113 Filed 10-27-16; 8:45 am]
BILLING CODE 3510-DS-P