[Federal Register Volume 84, Number 85 (Thursday, May 2, 2019)]
[Notices]
[Pages 18769-18771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08954]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-484-803]


Large Diameter Welded Pipe From Greece: Amended Final Affirmative 
Antidumping Determination and 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 Greece. In addition, Commerce is 
amending its final affirmative determination.

DATES: Applicable May 2, 2019.

FOR FURTHER INFORMATION CONTACT: Brittany Bauer at (202) 482-3860, AD/
CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On February 27, 2019, Commerce published its affirmative final 
determination in the less-than-fair-value (LTFV) investigation of large 
diameter welded pipe from Greece.\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 Greece.\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 April 15, 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 threatened with 
material injury within the meaning of section 735(b)(1)(A)(ii) of the 
Act, by reason of LTFV imports of welded line pipe from Greece.\3\ 
Additionally, the ITC made

[[Page 18770]]

negligibility determinations with respect to welded structural pipe and 
stainless steel pipe.\4\
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    \1\ See Large Diameter Welded Pipe from Greece: Final 
Determination of Sales at Less Than Fair Value, 84 FR 6364 (February 
27, 2019) (Final Determination).
    \2\ Id.
    \3\ See ITC Notification Letter regarding ITC Investigation Nos. 
701-TA-595-596 and 731-TA-1401, 1403, and 1405-1406, dated April 15, 
2019 (ITC Notification); see also Large Diameter Welded Pipe from 
Canada, Greece, Korea, and Turkey; Determinations, 84 FR 16533 
(April 19, 2019) (ITC Final Determination); and Large Diameter 
Welded Pipe from Canada, Greece, Korea, and Turkey, Investigation 
Nos. 701-TA-595-596 and 731-TA-1401, 1403, 1405-1406 (Final), 
Publication 4883, April 2019 (Final ITC Report).
    \4\ See ITC Notification.
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    On April 5, 2019, Commerce released draft revised scope language 
for comment by parties.\5\ On April 9, 2019, we received comments from 
the sole mandatory respondent in this case, Corinth Pipeworks Pipe 
Industry S.A. (Corinth).\6\ In these comments, Corinth requested that 
Commerce change an existing scope exclusion to cover pipe made to 
foreign water and sewage pipe specifications that are comparable to 
American Water Works Association standards. Because Corinth's proposed 
language would broaden the existing exclusion, we have not adopted it.
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    \5\ See Memorandum, ``Comments on the Scope of the Orders,'' 
dated April 5, 2019.
    \6\ See Corinth's Letter, ``Antidumping and Countervailing Duty 
Investigations of Large Diameter Welded Pipe from Canada, Greece, 
the Republic of Korea, and the Republic of Turkey--CPW/CPWA's 
Comments on the Scope of the Orders,'' dated April 9, 2019.
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Scope of the Order

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

Amendment to Final Determination

    A ministerial error is defined 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.\7\
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    \7\ See section 735(e) of the Act and 19 CFR 351.224(f).
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    Pursuant to sections 735(e) of the Act and 19 CFR 351.224(e) and 
(f), Commerce is amending the Final Determination to reflect the 
correction of a ministerial error in the final estimated weighted 
average dumping margin calculated for Corinth. In addition, because 
Corinth's estimated weighted average dumping margin is the basis for 
the estimated weighted average dumping margin determined for all other 
Greek producers and exporters of subject merchandise, we also are 
revising the ``all-others'' rate in the Final Determination.\8\ The 
amended estimated weighted average dumping margins are listed in the 
Suspension of Liquidation section below.
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    \8\ See Memorandum, ``Less-Than-Fair-Value Investigation of 
Large Diameter Welded Pipe from Greece: Allegation of Ministerial 
Errors in the Final Determination,'' dated April 1, 2019.
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Antidumping Duty Order

    On April 15, 2019, in accordance with sections 735(b)(1)(A)(ii) and 
735(d) of the Act, the ITC notified Commerce of its final determination 
in this investigation, in which it found that imports of welded line 
pipe from Greece threaten material injury to a U.S. industry.\9\ As a 
result, and in accordance with sections 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 investigation: Welded line pipe, welded structural 
pipe, and stainless steel pipe. The ITC found that imports of welded 
structural pipe and stainless steel pipe from Greece are negligible. 
The ITC made an affirmative determination with respect to welded line 
pipe from Greece. 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 
Greece, and not on entries of welded structural pipe or stainless steel 
pipe (excluded merchandise) from Greece.
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    \9\ See ITC Notification; and ITC Final Determination.
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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 Institute (API) 5L specifications, and designed for conveying 
liquids and gases.\10\ Because the ITC determined that LTFV imports of 
welded line pipe from Greece are threatening material injury to a U.S. 
industry,\11\ Commerce will direct CBP that unliquidated entries of 
subject merchandise from Greece, entered or withdrawn from warehouse, 
are subject to the assessment of antidumping duties pursuant to section 
736 of the Act. Specifically, 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 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 welded line pipe from 
Greece.
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    \10\ See Final ITC Report at 7.
    \11\ Id. at 1 and 5.
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    Pursuant to section 736(b)(2) of the Act, duties shall be assessed 
on subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the ITC Final 
Determination if that determination is based on the threat of material 
injury, other than threat of material injury described in section 
736(b)(1) of the Act.\12\ In addition, section 736(b)(2) of the Act 
requires CBP to release any bond or other security, and refund any cash 
deposit made of estimated antidumping duties posted since Commerce's 
Preliminary Determination.\13\ Because the ITC Final Determination with 
respect to welded line pipe from Greece is based on the threat of 
material injury and is not accompanied by a finding that injury would 
have resulted but for the imposition of suspension of liquidation of 
entries since Commerce's Preliminary Determination, section 736(b)(2) 
of the Act is applicable. Accordingly, antidumping duties will be 
assessed on unliquidated entries of welded line pipe from Greece 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of the ITC Final Determination in the Federal 
Register. Further, Commerce will direct CBP to terminate the suspension 
of liquidation for entries of welded line pipe from Greece entered, or 
withdrawn from warehouse, for consumption prior to the publication of 
the ITC Final Determination in the Federal Register. Commerce will also 
instruct CBP to refund any cash deposits made with respect to entries 
of welded line pipe entered, or withdrawn from warehouse, for 
consumption on or after August 27, 2018 (the date of publication of the 
Preliminary Determination), but before February 23, 2019 (the date 
suspension of liquidation was discontinued in accordance with section 
733(d) of the Act).
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    \12\ Section 736(b)(1) of the Act states that ``{if the 
ITC{time} , in its final determination under section 735(b), finds 
material injury or threat of material injury which, but for the 
suspension of liquidation under section 733(d)(2) would have led to 
a finding of material injury, then entries of the subject 
merchandise, the liquidation of which has been suspended under 
section 733(d)(2), shall be subject to the imposition of antidumping 
duties under section 731.''
    \13\ 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).
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Welded Structural Pipe

    The Final ITC Report describes welded structural pipe as a tubular 
product produced from carbon and alloy

[[Page 18771]]

steel, produced to American Society for Testing and Materials (ASTM) 
specifications, and designed for support in construction projects and 
piling.\14\ Because the ITC determined that imports of welded 
structural pipe from Greece are negligible,\15\ Commerce will direct 
CBP to terminate the suspension of liquidation for entries of welded 
structural pipe from Greece 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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    \14\ See Final ITC Report at 7.
    \15\ Id. at 1 and 5.
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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.\16\ Because the ITC determined that 
imports of stainless steel pipe from Greece are negligible,\17\ 
Commerce will direct CBP to terminate the suspension of liquidation for 
entries of stainless steel pipe from Greece 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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    \16\ Id. at 7.
    \17\ Id. at 1-2 and 5.
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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 Greece, 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. The all-others rate applies 
to all other producers or exporters not specifically listed.

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                         Company                              average
                                                          dumping margin
                                                             (percent)
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Corinth Pipeworks Pipe Industry S.A.....................           10.26
All Others..............................................           10.26
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Notifications to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
welded line pipe from Greece 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 amended final determination and order is published in 
accordance with sections 735(e) and 736(a) of the Act, and 19 CFR 
351.211(b) and 351.224(e) and (f).

    Dated: April 23, 2019.
Jeffrey I. Kessler,
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. 2019-08954 Filed 5-1-19; 8:45 am]
BILLING CODE 3510-DS-P