[Federal Register Volume 81, Number 222 (Thursday, November 17, 2016)]
[Notices]
[Pages 81062-81064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27846]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-867, C-533-868]


Welded Stainless Pressure Pipe From India: Antidumping Duty and 
Countervailing Duty Orders

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (``Department'') and the International Trade Commission 
(``ITC''), the Department is issuing antidumping duty (``AD'') and 
countervailing duty (``CVD'') orders on welded stainless pressure pipe 
(``WSPP'') from India.

DATES: Effective November 17, 2016.

FOR FURTHER INFORMATION CONTACT: Alex Rosen at (202) 482-7814 or Mandy 
Mallot at (202) 482-6430, AD/CVD Operations, Office III, Enforcement 
and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 705(d) and 735(d) of the Tariff Act of 
1930, as amended (``Act''), on September 29, 2016, the Department 
published its affirmative final determination of sales at less than 
fair value (``LTFV'') and its affirmative final determination that 
countervailable subsidies are being provided to producers and exporters 
of WSPP from India.\1\ On November 9, 2016, the ITC notified the 
Department of its final affirmative determination that an industry in 
the United States is materially injured by reason of LTFV imports and 
subsidized imports of WSPP from India, within the meaning of sections 
735(b)(1)(A)(i) and 705(b)(1)(A)(i) of the Act.\2\
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    \1\ See Welded Stainless Pressure Pipe from India: Final 
Determination of Sales at Less Than Fair Value, 81 FR 66921 
(September 29, 2016) (``AD Final Determination''). See also 
Countervailing Duty Investigation of Welded Stainless Pressure Pipe 
from India: Final Affirmative Determination, 81 FR 66925 (September 
29, 2016) (``CVD Final Determination'').
    \2\ See Letter to Christian Marsh, Deputy Assistant Secretary, 
from Irving Williamson, Chairman of the U.S. International Trade 
Commission, regarding antidumping and countervailing duty 
investigations concerning imports of welded stainless pressure pipe 
from India (Investigation Nos 701-TA-548 and 731-TA-1298), dated 
November 9, 2016 (``ITC Letter'').
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Scope of the Orders

    The merchandise covered by these orders 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.
    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 A-269, 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 these 
orders is dispositive.

Antidumping Duty Order

    In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, 
the ITC has notified the Department of its final determination that an 
industry in the United States is materially injured by reason of 
imports of WSPP that are subsidized by the government of India and sold 
in the United States at LTFV. Therefore, in accordance with section 
735(c)(2) of the Act, we are publishing this antidumping duty order. 
Because the ITC determined that imports of WSPP from India are 
materially injuring a U.S. industry, unliquidated entries of such 
merchandise from India, entered or withdrawn from warehouse for 
consumption, are subject to the assessment of antidumping duties.
    In accordance with section 736(a)(1) of the Act, the Department 
will direct U.S. Customs and Border Protection (``CBP'') to assess, 
upon further instruction by the Department, antidumping duties equal to 
the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of WSPP from India. Antidumping duties will be 
assessed on unliquidated entries of WSPP from India entered, or 
withdrawn from warehouse, for consumption on or after May 10, 2016, the 
date of publication of the AD Preliminary Determination,\3\ but will 
not include entries occurring after the expiration of the provisional 
measures period and before publication of the

[[Page 81063]]

ITC's final injury determination, as further described below.
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    \3\ See Welded Stainless Pressure Pipe from India: Affirmative 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 81 FR 28824 (May 10, 2016) 
(``AD Preliminary Determination'').
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Provisional Measures (AD)

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of WSPP from India, the Department extended the four-month 
period to six months.\4\ In the underlying investigation, the 
Department published the AD Preliminary Determination on May 10, 
2016.\5\ Therefore, the extended period, beginning on the date of the 
publication of the AD Preliminary Determination, ended on November 5, 
2016. Furthermore, section 737(b) of the Act states that definitive 
duties are to begin on the date of publication of the ITC's final 
injury determination.
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    \4\ Id.
    \5\ Id.
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    Therefore, in accordance with section 733(d) of the Act and our 
practice,\6\ we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of WSPP from India entered, or withdrawn from 
warehouse, for consumption after November 5, 2016, until and through 
the day preceding the date of publication of the ITC's final injury 
determination in the Federal Register. Suspension of liquidation will 
resume on the date of publication of the ITC's final determination in 
the Federal Register.
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    \6\ See, e.g., Certain Corrosion-Resistant Steel Products From 
India, Italy, the People's Republic of China, the Republic of Korea 
and Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 
2016).
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Continuation of Suspension of Liquidation (AD)

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on entries of subject 
merchandise from India. These instructions suspending liquidation will 
remain in effect until further notice.
    We will also instruct CBP to require cash deposits equal to the 
amounts as indicated below, except for Sunrise Stainless Pvt. Ltd. and 
Sun Mark Stainless Pvt. Ltd. (collectively, ``Sunrise Group''), which 
are adjusted for certain countervailable subsidies, where appropriate, 
as described below.\7\ Because Sunrise Group has an estimated weighted-
average final dumping margin of zero, we are directing CBP to terminate 
suspension of liquidation of entries of WSPP produced and exported by 
this entity. In addition, subject merchandise produced and exported by 
Sunrise Group will be excluded from the antidumping duty order. 
Accordingly, effective on the date of publication of the ITC's final 
affirmative injury determination, CBP will require, at the same time as 
importers would normally deposit estimated duties on this subject 
merchandise, a cash deposit equal to the estimated duties on this 
subject merchandise, a cash deposit equal to the estimated weighted-
average dumping margins listed below. The ``All Others'' rate applies 
to all exporters of subject merchandise not specifically listed. For 
the purpose of determining cash deposit rates, the estimated weighted-
average dumping margins for imports of subject merchandise have been 
adjusted, as appropriate, for export subsidies found in the final 
determination of the companion countervailing duty investigation of 
this merchandise.\8\
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    \7\ See AD Final Determination, 81 FR at 66922 (describing the 
adjustments to the AD margins in more detail); see also sections 
772(c)(1)(C) and 777A(f) of the Act, respectively. Unlike in 
administrative reviews, the Department calculates the adjustment for 
export subsidies in investigations not in the margin calculation 
program, but in the cash deposit instructions issued to CBP. See, 
e.g., Notice of Final Determination of Sales at Less Than Fair 
Value, and Negative Determination of Critical Circumstances: Certain 
Lined Paper Products from India, 71 FR 45012 (August 8, 2006), and 
accompanying Issues and Decision Memorandum at Comment 1.
    \8\ See CVD Final Determination.
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Estimated Weighted-Average Antidumping Duty Margin

    The weighted-average antidumping duty margin percentages are as 
follows:

------------------------------------------------------------------------
                                             Weighted-
            Exporter/producer             average margin   Cash-deposit
                                                (%)          rate (%)
------------------------------------------------------------------------
Steamline Industries Ltd................           12.66           10.17
All Others..............................           12.66            8.35
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Countervailing Duty Order

    In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, 
the ITC notified the Department of its final determination that the 
industry in the United States producing WSPP is materially injured by 
reason of subsidized imports of WSPP from India.\9\ Therefore, in 
accordance with section 705(c)(2) and 706(a) of the Act, we are 
publishing this countervailing duty order.
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    \9\ See ITC Letter.
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    Pursuant to section 706(a) of the Act, the Department will direct 
CBP to assess, upon further instruction by the Department, 
countervailing duties on unliquidated entries of WSPP entered, or 
withdrawn from warehouse, for consumption on or after March 11, 2016, 
the date on which the Department published its affirmative preliminary 
countervailing duty determination in the Federal Register,\10\ and 
before July 9, 2016, the effective date on which the Department 
instructed CBP to discontinue the suspension of liquidation in 
accordance with section 703(d) of the Act.\11\ Section 703(d) of the 
Act states that the suspension of liquidation pursuant to a preliminary 
determination may not remain in effect for more than four months. 
Therefore, entries of WSPP made on or after July 9, 2016, and prior to 
the date of publication of the ITC's final determination in the Federal 
Register are not liable for the assessment of countervailing duties, 
due to the Department's discontinuation, effective July 9, 2016, of the 
suspension of liquidation.
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    \10\ See CVD Preliminary Determination.
    \11\ See CVD Final Determination.
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Suspension of Liquidation (CVD)

    In accordance with section 706 of the Act, the Department will 
direct CBP to reinstitute suspension of liquidation, effective on the 
date of publication of the ITC's notice of final determination in the 
Federal Register, and to assess, upon further instruction by the 
Department pursuant to section 706(a)(1) of the Act, countervailing

[[Page 81064]]

duties for each entry of the subject merchandise in an amount based on 
the net countervailable subsidy rates for the subject merchandise. The 
Department will also direct CBP to require a cash deposit for each 
entry of subject merchandise in an amount equal to the net 
countervailable subsidy rates listed below. The all-others rate applies 
to all producers and exporters of subject merchandise not specifically 
listed.
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    \12\ See CVD Preliminary Determination, in which we determined 
that Sunrise Stainless Private Limited, Sun Mark Stainless Pvt. 
Ltd., and Shah Foils Ltd. are entitled to the same subsidy rate.

------------------------------------------------------------------------
                                                                Subsidy
                      Exporter/producer                        rate (%)
------------------------------------------------------------------------
Steamline Industries Limited................................        3.13
Sunrise Stainless Private Limited/Sun Mark Stainless Pvt.           6.22
 Ltd./Shah Foils Ltd.\12\...................................
All-Others..................................................        4.65
------------------------------------------------------------------------

Notification to Interested Parties

    This notice constitutes the AD and CVD orders with respect to WSPP 
from India pursuant to sections 736(a) and 706(a) of the Act. 
Interested parties can find an updated list of orders currently in 
effect by either visiting http://enforcement.trade.gov/stats/iastats1.html or by contacting the Department's Central Records Unit, 
Room B8024 of the main Commerce Building.
    These orders are published in accordance with sections 706(a), 
736(a), and 777(i) of the Act, and 19 CFR 351.211(b).

    Dated: November 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-27846 Filed 11-16-16; 8:45 am]
 BILLING CODE 3510-DS-P