[Federal Register Volume 84, Number 85 (Thursday, May 2, 2019)]
[Notices]
[Pages 18775-18777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08955]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-863]
Large Diameter Welded Pipe From Canada: 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 and structural pipe from Canada.
DATES: Applicable May 2, 2019.
FOR FURTHER INFORMATION CONTACT: Susan S. Pulongbarit at (202) 482-4031
or Annathea Cook at (202) 482-0250, AD/CVD Operations, Enforcement and
Compliance, 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 Canada.\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 Canada.\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 materially injured
within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of
LTFV imports of welded line pipe and welded structural pipe from
Canada.\3\ Additionally, the ITC made a negative determination of
material injury or threat of material injury with respect to stainless
steel pipe.\4\ Commerce released draft revised scope language for
comment by parties.\5\ No party objected to the revised scope language
in this proceeding.
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\1\ See Large Diameter Welded Pipe from Canada: Final
Affirmative Determination of Sales at Less Than Fair Value, 84 FR
6378 (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, 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.
\5\ See Memorandum, ``Comments on the Scope of the Orders,''
dated April 5, 2019.
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Scope of the Order
The products covered by this order are welded line pipe and welded
structural pipe from Canada. For a complete description of the scope of
this order, see the Appendix to this notice.
Antidumping Duty Order
On April 15, 2019, in accordance with sections 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 welded line
pipe and welded structural pipe from Canada are materially injuring a
U.S. industry.\6\ 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 made a negative determination with respect to stainless steel pipe
from Canada. The ITC made an affirmative determination with respect to
welded line pipe and welded structural pipe from Canada. Because the
ITC made
[[Page 18776]]
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 and
welded structural pipe (subject merchandise) from Canada, and not on
entries of stainless steel pipe (excluded merchandise) from Canada.
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\6\ 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.\7\ Because the ITC determined that LTFV imports of
welded line pipe from Canada are materially injuring a U.S.
industry,\8\ all unliquidated entries of subject merchandise from
Canada, entered or withdrawn from warehouse, are subject to the
assessment of antidumping duties, as described below.
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\7\ See Final ITC Report at 7.
\8\ Id. at 1 and 5.
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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 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 Canada. Antidumping duties will be
assessed on unliquidated entries of welded line pipe from Canada
entered, or withdrawn from warehouse, for consumption on or after
August 27, 2018, the date of publication of the Preliminary
Determination,\9\ but will not be assessed on entries occurring after
the expiration of the provisional measures period, beginning on
February 23, 2019, 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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\9\ See Large Diameter Welded Pipe from Canada: Preliminary
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination and Extension of Provisional Measures, 83 FR
43649 (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.\10\ Because the ITC
determined that LTFV imports of welded structural pipe from Canada are
materially injuring a U.S. industry,\11\ all unliquidated entries of
subject merchandise from Canada, entered or withdrawn from warehouse,
are subject to the assessment of antidumping duties, as described
below.
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\10\ See Final ITC Report at 7.
\11\ Id. at 1 and 5.
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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 structural pipe from Canada. Antidumping duties will
be assessed on unliquidated entries of welded structural pipe from
Canada entered, or withdrawn from warehouse, for consumption on or
after August 27, 2018, the date of publication of the Preliminary
Determination,\12\ but will not be assessed on entries occurring after
the expiration of the provisional measures period, beginning on
February 23, 2019, 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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\12\ See Preliminary Determination.
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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.\13\ 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 Canada,\14\ Commerce will
direct CBP to terminate the suspension of liquidation for entries of
stainless steel pipe from Canada 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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\13\ See Final ITC Report at 7.
\14\ 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 and welded structural pipe) from Canada,
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.
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\15\ Consistent with the Final Determination, we continue to
treat Evraz Inc. NA, Evraz Inc. NA Canada, and the Canadian National
Steel Corporation as a single entity.
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Estimated
weighted-
Company average
dumping margin
(percent)
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Evraz Inc. NA \15\...................................... 12.32
All Others.............................................. 12.32
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Notifications to Interested Parties
This notice constitutes the antidumping duty order with respect to
welded line pipe and welded structural pipe from Canada 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: 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 pipe (other than 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
[[Page 18777]]
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
order, 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 order 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 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, 7305.19.5000, 7305.31.4000,
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 order is dispositive.
[FR Doc. 2019-08955 Filed 5-1-19; 8:45 am]
BILLING CODE 3510-DS-P