[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56811-56813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24806]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-881]


Large Diameter Welded Pipe From India: Final Determination of 
Sales at Less Than Fair Value; 2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports 
of large diameter welded pipe from India are being, or are likely to 
be, sold in the United States at less than fair value (LTFV) for the 
period of investigation January 1, 2017, through December 31, 2017

DATES: Applicable November 14, 2018.

FOR FURTHER INFORMATION CONTACT: Kate Johnson at (202) 482-4929 or 
Jaron Moore at (202) 482-3640, AD/CVD Operations, Office VIII, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

Background

    On August 27, 2018, Commerce published in the Federal Register the 
Preliminary Determination of sales at LTFV of large diameter welded 
pipe from India and invited interested parties to comment.\1\ We 
received comments from the petitioners,\2\ agreeing with our 
affirmative preliminary determination to apply total adverse facts 
available (AFA) to the non-responsive companies.\3\ No other interested 
party submitted comments. Accordingly, we made no changes to the 
Preliminary Determination.
---------------------------------------------------------------------------

    \1\ See Large Diameter Welded Pipe from India: Preliminary 
Determination of Sales at Less Than Fair Value, 83 FR 43653 (August 
27, 2018) (Preliminary Determination) and accompanying Preliminary 
Decision Memorandum.
    \2\ The petitioners are American Cast Iron Pipe Company, Berg 
Steel Pipe Corp., Berg Spiral Pipe Corp., Dura-Bond Industries, and 
Stupp Corporation, individually and as members of American Line Pipe 
Producers Association; Greens Bayou Pipe Mill, LP; JSW Steel (USA) 
Inc.; Skyline Steel; and Trinity Products LLC.
    \3\ See Petitioners Letter, ``Case Brief of Petitioners,'' dated 
September 26, 2018.
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation is January 1, 2017, through December 
31, 2017.

Scope of the Investigation

    The product covered by this investigation is large diameter welded 
pipe from India. For a full description of the scope of this 
investigation, see the ``Scope of the Investigation,'' at the Appendix 
to this notice.

Scope Comments

    During the course of this investigation and the concurrent LTFV 
investigations of large diameter welded pipe from Canada, Greece, 
Korea, the People's Republic of China (China) and Turkey, and the 
concurrent countervailing duty investigations of large diameter welded 
pipe from China, India, Korea and Turkey, Commerce received scope 
comments from interested parties. Commerce issued a Preliminary Scope 
Decision Memorandum \4\ to address these comments. In the Preliminary 
Determination, Commerce set aside a period of time for parties to 
address scope issues in scope case and rebuttal briefs. No interested 
parties submitted scope comments in scope case or scope rebuttal 
briefs. Therefore, for this final determination, the scope of this 
investigation remains unchanged from that published in the Preliminary 
Determination.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Scope Comments Decision Memorandum for the 
Preliminary Determinations,'' dated June 19, 2018 (Preliminary Scope 
Decision Memorandum).
---------------------------------------------------------------------------

Use of Adverse Facts Available

    The mandatory respondents Bhushan Steel (Bhushan) and Welspun 
Trading Limited (Welspun) failed to participate in this 
investigation.\5\ Therefore, in the Preliminary Determination, pursuant 
to sections 776(a)(1), 776(a)(2)(A)-(C), and 776(b) of the Act, we 
determined for Bhushan and Welspun an estimated dumping rate based on 
AFA. No parties filed comments in opposition to our Preliminary 
Determination with respect to Bhushan and Welspun and there are no 
comments or information on the record that would cause us to revisit 
our preliminary AFA determinations. Accordingly, we continue to find 
that the application of AFA pursuant to sections 776(a) and (b) of the 
Act is warranted with respect to Bhushan and Welspun. In applying total 
AFA, we have determined for Bhushan's and Welspun's exports of the 
subject merchandise an estimated dumping margin of 50.55 percent, which 
is the only dumping margin alleged in the Petition \6\ and which has 
been corroborated to the extent practicable

[[Page 56812]]

within the meaning of section 776(c) of the Act.\7\
---------------------------------------------------------------------------

    \5\ See Preliminary Determination Memorandum at 4-8.
    \6\ See Petitions for the Imposition of Antidumping and 
Countervailing Duties: Large Diameter Welded Pipe from Canada, 
Greece, India, the People's Republic of China, the Republic of 
Korea, and the Republic of Turkey, dated January 17, 2018 
(Petition).
    \7\ See Preliminary Determination Memorandum at 7-8.
---------------------------------------------------------------------------

All-Others Rate

    As discussed in the Preliminary Determination, Commerce based the 
``All-Others'' rate on the only dumping margin alleged in the 
Petition,\8\ in accordance with section 735(c)(5)(B) of the Act. We 
made no changes to the selection of this rate for this final 
determination.
---------------------------------------------------------------------------

    \8\ See Petition; see also Preliminary Determination Memorandum 
at 8-9.
---------------------------------------------------------------------------

Final Determination

    The final estimated dumping margins are as follows:

------------------------------------------------------------------------
                                                           Cash deposit
                                                          rate (adjusted
                                          Dumping margin    for export
            Exporter/producer                (percent)       subsidies
                                                              offset)
                                                             (percent)
------------------------------------------------------------------------
Bhushan Steel...........................           50.55           16.85
Welspun Trading Limited.................           50.55           16.85
All-Others..............................           50.55           16.85
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, for this final 
determination, we will direct U.S. Customs and Border Protection (CBP) 
to continue to suspend liquidation of all entries of large diameter 
welded pipe from India, as described in the Appendix to this notice, 
which are entered, or withdrawn from warehouse, for consumption on or 
after August 27, the date of publication in the Federal Register of the 
affirmative Preliminary Determination.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), Commerce will instruct CBP to require a cash deposit for 
such entries of merchandise equal to the estimated dumping margin, as 
follows: (1) The cash deposit rate for the respondents listed above 
will be equal to the respondent-specific estimated dumping margin 
determined in this final determination; (2) if the exporter is not a 
respondent identified above but the producer is, then the cash deposit 
rate will be equal to the respondent-specific estimated weighted-
average dumping margin established for that producer of the subject 
merchandise; and (3) the cash deposit rate for all other producers or 
exporters will be equal to the estimated dumping margin for all other 
producers or exporters. These suspension-of-liquidation instructions 
will remain in effect until further notice.
    Commerce normally adjusts the estimated weighted-average dumping 
margin by the amount of export subsidies countervailed in a companion 
countervailing duty (CVD) proceeding, when CVD provisional measures are 
in effect. Accordingly, where Commerce has made a final affirmative 
determination for countervailable export subsidies,\9\ Commerce offsets 
the estimated weighted-average dumping margin by the appropriate CVD 
rate. Any such adjusted rates may be found in the ``Final 
Determination'' section, above. However, provisional measures expired 
in the companion countervailing duty investigation on October 26, 2018. 
Accordingly, we will direct CBP to collect the estimated antidumping 
cash deposits unadjusted for countervailed export subsidies. In the 
event of an affirmative determination by the International Trade 
Commission (ITC), Commerce will issue antidumping and countervailing 
duty orders and direct CBP to collect the cash deposit rate, as 
adjusted for export subsidies.
---------------------------------------------------------------------------

    \9\ See the unpublished Federal Register notice, Large Diameter 
Welded Pipe from India: Final Affirmative Countervailing Duty 
Determination, dated concurrently with this notice.
---------------------------------------------------------------------------

Disclosure

    The dumping margins assigned to the mandatory respondents in this 
investigation are based on AFA. As these margins are based on the 
dumping margin alleged in the Petition, and because we made no changes 
to the Preliminary Determination, there are no calculations to disclose 
for this final determination.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify ITC of 
the final affirmative determination of sales at LTFV. In addition, we 
are making available to the ITC all non-privileged and non-proprietary 
information related to this investigation. We will allow the ITC access 
to all privileged and business proprietary information in our files, 
provided the ITC confirms that it will not disclose such information, 
either publicly or under an administrative protective order (APO), 
without the written consent of the Assistant Secretary for Enforcement 
and Compliance. Because Commerce's final determination 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 or sales (or the likelihood of sales) for importation 
of large diameter welded pipe, no later than 45 days after this final 
determination. If the ITC determines that such injury does not exist, 
this proceeding will be terminated, and all cash deposits posted will 
be refunded. If the ITC determines that such injury does exist, 
Commerce will issue an antidumping duty order directing CBP to assess, 
upon further instruction by Commerce, 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, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Notification Regarding Administrative Protective Orders

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an administrative protective order (APO) of their 
responsibility concerning the destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of return or destruction of APO materials, or 
conversion to judicial protective order,

[[Page 56813]]

is hereby requested. Failure to comply with the regulations and terms 
of an APO is a sanctionable violation.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).

    Dated: November 5, 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 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. 2018-24806 Filed 11-13-18; 8:45 am]
 BILLING CODE 3510-DS-P