[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Notices]
[Pages 48795-48797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20935]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-484-803]
Large Diameter Welded Pipe From Greece: Amended Preliminary
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 27, 2018, the Department of Commerce (Commerce)
published its preliminary determination in the less-than-fair-value
investigation of large diameter welded pipe (welded pipe) from Greece
in the Federal Register. Commerce is amending this preliminary
determination to correct a significant ministerial error.
DATES: Applicable September 27, 2018.
FOR FURTHER INFORMATION CONTACT: Brittany Bauer, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3860.
SUPPLEMENTARY INFORMATION:
[[Page 48796]]
Background
On August 27, 2018, Commerce published in the Federal Register the
Preliminary Determination in the less-than-fair-value investigation of
welded pipe from Greece,\1\ and disclosed all calculations to
interested parties. On August 27, 2018, Corinth Pipework Pipe Industry
S.A. (Corinth), timely filed a ministerial error allegation concerning
the Preliminary Determination and requested, pursuant to 19 CFR
351.224(e), that Commerce correct the alleged ministerial error.\2\ No
additional parties submitted comments.
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\1\ See Large Diameter Welded Pipe from Greece: Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 83 FR 43640 (August 27, 2018) (Preliminary
Determination).
\2\ See Corinth's Letter re: Antidumping Investigation of Large
Diameter Welded Pipe from Greece--Comments Regarding Significant
Ministerial Error in Preliminary Determination, dated August 27,
2018 (Corinth Ministerial Error Allegation).
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Scope of the Investigation
The product covered by this investigation is welded pipe from
Greece. For a complete description of the scope of this investigation,
see the Appendix.
Significant Ministerial Error
In accordance with 19 CFR 351.224(e), Commerce ``will analyze any
comments received and, if appropriate, correct any significant
ministerial error by amending the preliminary determination.'' A
ministerial error is defined in 19 CFR 351.224(f) as ``an error in
addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which the Secretary considers
ministerial.'' A significant ministerial error is defined as a
ministerial error, the correction of which, singly or in combination
with other errors, would result in: (1) A change of at least five
absolute percentage points in, but not less than 25 percent of, the
weighted-average dumping margin calculated in the original (erroneous)
preliminary determination; or (2) a difference between a weighted-
average dumping margin of zero or de minimis and a weighted-average
dumping margin of greater than de minimis or vice versa.\3\
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\3\ See 19 CFR 351.224(g)(1) and (2).
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Ministerial Error Allegation
Corinth timely alleged that Commerce made a significant ministerial
error regarding the calculation of certain freight and storage fees for
which Corinth received reimbursement from the customer.\4\ No other
party alleged ministerial errors in Commerce's Preliminary
Determination. After analyzing Corinth's allegation, we determine that
we made a significant ministerial error in the Preliminary
Determination with respect to our treatment of certain freight and
storage fees in the U.S. market.\5\ For a detailed discussion of
Corinth's ministerial error allegation, as well as Commerce's analysis
of this error, see the Ministerial Error Memorandum.
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\4\ See Corinth Ministerial Error Allegation, at 1-2 and 4.
\5\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Large Diameter Welded Pipe from Greece: Allegation of Ministerial
Error in the Preliminary Determination,'' dated concurrently with,
and hereby adopted by, this notice (Ministerial Error Memorandum).
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Pursuant to 19 CFR 351.224(g)(1), Commerce's error in the
calculation of Corinth's freight and storage expenses is significant,
because its correction results in a change of at least five absolute
percentage points in, but not less than 25 percent of, the estimated
weighted-average dumping margin calculated in the Preliminary
Determination (i.e., a change from an estimated weighted-average
dumping margin of 22.51 percent to 7.45 percent). Therefore, we are
correcting this ministerial error and amending our Preliminary
Determination accordingly.\6\
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\6\ See Ministerial Error Memorandum.
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Amended Preliminary Determination
We are amending the Preliminary Determination to reflect the
correction of a significant ministerial error made in the margin
calculation for Corinth in accordance with 19 CFR 351.224(e). In
addition, because the preliminary ``All-Others'' rate was based on the
estimated weighted-average dumping margin calculated for Corinth, we
are also amending the ``All-Others'' rate. As a result of the
correction of the ministerial error, the revised estimated weighted-
average dumping margins are as follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Corinth Pipeworks Pipe Industry S.A......................... 7.45
All-Others.................................................. 7.45
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Amended Cash Deposits and Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be revised according to the rates established in this amended
preliminary determination, in accordance with section 733(d) of the
Tariff Act of 1930, as amended (the Act). Because these amended rates
result in reduced cash deposit rates, they will be effective
retroactively to August 27, 2018, the date of publication of the
Preliminary Determination.
International Trade Commission Notification
In accordance with section 733(f) of the Act, we intend to notify
the International Trade Commission of our amended preliminary
determination.
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the amended
preliminary determination, in accordance with 19 CFR 351.224.
This amended preliminary determination is issued and published in
accordance with sections 733(f) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: September 14, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The merchandise covered by this investigation is welded carbon
and alloy steel pipe (including stainless steel pipe), more than
406.4 mm (16 inches) in nominal outside diameter (large diameter
welded pipe), regardless of wall thickness, length, surface finish,
grade, end finish, or stenciling. Large diameter welded pipe may be
used to transport oil, gas, slurry, steam, or other fluids, liquids,
or gases. It may also be used for structural purposes, including,
but not limited to, piling. Specifically, not included is large
diameter welded pipe produced only to specifications of the American
Water Works Association (AWWA) for water and sewage pipe.
Large diameter welded pipe used to transport oil, gas, or
natural gas liquids is normally produced to the American Petroleum
Institute (API) specification 5L. Large diameter welded pipe may
also be produced to American Society for Testing and Materials
(ASTM) standards A500, A252, or A53, or other relevant domestic
specifications, grades and/or standards. Large diameter welded pipe
can be produced to comparable foreign specifications, grades and/or
standards or to proprietary specifications, grades and/or standards,
or can be non-graded material. All pipe meeting the physical
description set forth above is covered by the scope of this
investigation, whether or not produced according to a particular
standard.
Subject merchandise also includes large diameter welded pipe
that has been further
[[Page 48797]]
processed in a third country, including but not limited to coating,
painting, notching, beveling, cutting, punching, welding, or any
other processing that would not otherwise remove the merchandise
from the scope of the investigation if performed in the country of
manufacture of the in-scope large diameter welded pipe.
The large diameter welded pipe that is subject to this
investigation is currently classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) under subheadings
7305.11.1030, 7305.11.1060, 7305.11.5000, 7305.12.1030,
7305.12.1060, 7305.12.5000, 7305.19.1030, 7305.19.1060,
7305.19.5000, 7305.31.4000, 7305.31.6010, 7305.31.6090, 7305.39.1000
and 7305.39.5000. While the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
scope of this investigation is dispositive.
[FR Doc. 2018-20935 Filed 9-26-18; 8:45 am]
BILLING CODE 3510-DS-P