[Federal Register Volume 84, Number 44 (Wednesday, March 6, 2019)]
[Notices]
[Pages 8079-8081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04048]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-881]


Large Diameter Welded Pipe From India: Antidumping Duty Order

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing an antidumping duty order on large diameter welded 
carbon and alloy steel line pipe from India.

DATES: Applicable March 6, 2019.

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

SUPPLEMENTARY INFORMATION:

Background

    On November 14, 2018, Commerce published its affirmative final 
determination in the less-than-fair-value (LTFV) investigation of large 
diameter welded pipe from India.\1\ The scope of the investigation in 
Commerce's final determination covered large diameter welded carbon and 
alloy steel line pipe (welded line pipe), large diameter welded carbon 
and alloy steel structural pipe (welded structural pipe), and stainless 
steel large diameter welded pipe (stainless steel pipe) from India.\2\ 
As discussed below, the ITC subsequently found three domestic like 
products covered by the scope of the investigation (welded line pipe, 
welded structural pipe, and stainless steel pipe) and accordingly made 
a separate injury determination with respect to each domestic like 
product. On January 30, 2019, the ITC notified Commerce of its final 
determination, pursuant to 735(d) of the Tariff Act of 1930, as amended 
(the Act), that an industry in the United States is materially injured 
within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of 
LTFV imports of welded line pipe from India.\3\ Additionally, the ITC 
made a negligibility determination with respect to welded structural 
pipe and a negative determination of material injury or threat of 
material injury with respect to stainless steel pipe.\4\ On February 
13, 2019, Commerce released draft revised scope language for comment by 
parties. No party objected to the revised scope language in this 
proceeding.
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    \1\ See Large Diameter Welded Pipe from India: Final 
Determination of Sales at Less Than Fair Value; 2017, 83 FR 56811 
(November 14, 2018).
    \2\ Id.
    \3\ See ITC Notification Letter to the Deputy Assistant 
Secretary for Enforcement and Compliance, referencing ITC 
Investigation Nos. 701-TA-593-594, 731-TA-1402, and 731-TA-1404 
(January 30, 2019) (ITC Notification). See also Large Diameter 
Welded Pipe from China and India; Determinations, 84 FR 1785 
(February 5, 2019) (ITC Final Determination) and Large Diameter 
Welded Pipe from China and India, Investigation Nos. 701-TA-593-594, 
731-TA-1402 and 731-TA-1404 (Final), Publication 4859, January 2019 
(Final ITC Report).
    \4\ Id.

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[[Page 8080]]

Scope of the Order

    The product covered by this order is welded line pipe from India. 
For a complete description of the scope of this order, see the Appendix 
to this notice.

Antidumping Duty Order

    On January 30, 2019, in accordance with section 735(b)(1)(A)(i) and 
735(d) of the Act, the ITC notified Commerce of its final determination 
in this investigation, in which it found that imports of large diameter 
welded line pipe are materially injuring a U.S. industry.\5\ As a 
result, and in accordance with section 735(c)(2) and 736 of the Act, we 
are publishing this antidumping duty order. As noted above, in its 
determination, the ITC found three domestic like products covered by 
the scope of the LTFV investigation: Welded line pipe, welded 
structural pipe, and stainless steel pipe. The ITC made a negative 
determination with respect to stainless steel pipe from India, and 
found that imports of welded structural pipe from India are negligible. 
The ITC made an affirmative determination with respect to welded line 
pipe imported from India. Because the ITC made distinct and different 
injury determinations for separate domestic like products, Commerce 
will instruct U.S. Customs and Border Protection (CBP) to assess 
antidumping duties on entries of welded line pipe (subject merchandise) 
from India, and not on entries of welded structural pipe and stainless 
steel pipe (excluded merchandise) from India.
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    \5\ See ITC Notification; ITC Final Determination, 84 FR 1785.
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Welded Line Pipe

    The Final ITC Report describes welded line pipe as a tubular 
product produced from carbon and alloy steel, produced to American 
Petroleum Instiute (API) 5L specifications, and designed for conveying 
liquids and gases.\6\ Because the ITC determined that LTFV imports of 
welded line pipe from India are materially injuring a U.S. industry,\7\ 
all unliquidated entries of subject merchandise from India, entered or 
withdrawn from warehouse, are subject to the assessment of antidumping 
duties, as described below.
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    \6\ See Final ITC Report at 11-12.
    \7\ Id. at 1 and 3.
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    As a result of the ITC Final Determination, in accordance with 
section 736(a) of the Act, Commerce will direct CBP to assess, upon 
further instruction by Commerce, antidumping duties for all relevant 
entries of welded line pipe from India. Antidumping duties will be 
assessed on unliquidated entries of welded line pipe from India 
entered, or withdrawn from warehouse, for consumption on or after 
August 27, 2018, the date of publication of the Preliminary 
Determination,\8\ but will not be assessed on entries occurring after 
the expiration of the provisional measures period (December 24, 2018), 
in accordance with section 733(d) of the Act), until the date of 
publication of the ITC Final Determination in the Federal Register.
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    \8\ See Large Diameter Welded Pipe From India: Preliminary 
Determination of Sales at Less Than Fair Value, 83 FR 43653 (August 
27, 2018) (Preliminary Determination).
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Welded Structural Pipe

    The Final ITC Report describes welded structural pipe as a tubular 
product produced from carbon and alloy steel, produced to American 
Society for Testing and Materials (ASTM) specifications, and designed 
for support in construction projects and piling.\9\ Because the ITC 
found that imports of welded structural pipe from India are negligible, 
Commerce will direct CBP to terminate the suspension of liquidation for 
entries of welded structural pipe from India entered, or withdrawn from 
warehouse, and to refund all cash deposit with respect to these entries 
pursuant to section 705(c)(2) of the Act.
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    \9\ Id. at 11-12.
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Stainless Steel Pipe

    The Final ITC Report describes stainless steel pipe as being 
produced from stainless steel for its high-chrome chemistry and 
corrosion-resistant properties.\10\ Because the ITC made a negative 
determination of material injury or threat of material injury by reason 
of LTFV imports of stainless steel pipe from India,\11\ Commerce will 
direct CBP to terminate the suspension of liquidation for entries of 
stainless steel pipe from India entered, or withdrawn from warehouse, 
and to refund all cash deposits with respect to these entries pursuant 
to section 735(c)(2) of the Act.
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    \10\ Id. at 10.
    \11\ Id. at 1 and 3.
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Suspension of Liquidation

    In accordance with section 736 of the Act, Commerce will direct CBP 
to reinstitute the suspension of liquidation of subject merchandise 
(i.e., welded line pipe) from India, effective the date of publication 
of the ITC Final Determination in the Federal Register, and to assess, 
upon further instruction by Commerce pursuant to section 736(a)(1) of 
the Act, antidumping duties for each entry of the subject merchandise 
equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise. We intend to instruct CBP to require, at the same time as 
importers would normally deposit estimated import duties on this 
merchandise, cash deposits for each entry of subject merchandise equal 
to the rates noted below. These instructions suspending liquidation 
will remain in effect until further notice. For the purpose of 
determining cash deposit rates, the estimated weighted-average dumping 
margins for imports of subject merchandise from India have been 
adjusted, as appropriate, for export subsidies found in the final 
determination of the companion countervailing duty investigation of 
this merchandise imported from India. The all-others rate applies to 
all other producers or exporters not specifically listed.

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                                             Estimated        average
                                             weighted-    dumping margin
          Exporter or producer                average      adjusted for
                                          dumping margin      subsidy
                                             (percent)       offset(s)
                                                             (percent)
------------------------------------------------------------------------
Bhushan Steel...........................           50.55           16.85
Welspun Trading Limited.................           50.55           16.85
All-Others..............................           50.55           16.85
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[[Page 8081]]

Notifications to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
welded line pipe from India pursuant to section 736(a) of the Act. 
Interested parties can find a list of antidumping duty orders currently 
in effect at http://enforcement.trade.gov/stats/iastats1.html.
    This order is published in accordance with sections 735(c) and 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: February 28, 2019.
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 Order

    The merchandise covered by this order is welded carbon and alloy 
steel line pipe (other than stainless steel pipe), more than 406.4 
mm (16 inches) in nominal outside diameter (large diameter welded 
line 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.
    Large diameter welded line pipe is used to transport oil, gas, 
or natural gas liquids and is normally produced to the American 
Petroleum Institute (API) specification 5L. Large diameter welded 
line 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 line pipe 
meeting the physical description set forth above, including any 
dual- or multiple-certified/stenciled pipe with an API (or 
comparable) welded line pipe certification/stencil, is covered by 
the scope of this order.
    Subject merchandise also includes large diameter welded line 
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 order if performed in 
the country of manufacture of the in-scope large diameter welded 
line pipe.
    Excluded from the scope of this order is structural pipe, which 
is produced only to American Society for Testing and Materials 
(ASTM) standards A500, A252, or A53, or other relevant domestic 
specifications, or comparable foreign specifications, grades and/or 
standards or to proprietary specifications, grades and/or standards. 
Also excluded is large diameter welded pipe produced only to 
specifications of the American Water Works Association (AWWA) for 
water and sewage pipe.
    The large diameter welded line pipe that is subject to this 
order 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, and 7305.19.5000. 
Merchandise currently classifiable under subheadings 7305.31.4000, 
7305.31.6090, 7305.39.1000 and 7305.39.5000 and that otherwise meets 
the above scope language is also covered. While the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope of this order is dispositive.

[FR Doc. 2019-04048 Filed 3-5-19; 8:45 am]
 BILLING CODE 3510-DS-P