[Federal Register Volume 84, Number 232 (Tuesday, December 3, 2019)]
[Notices]
[Pages 66154-66155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26038]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-815, A-549-830, A-552-816]
Welded Stainless Steel Pressure Pipe From Malaysia, Thailand, and
the Socialist Republic of Vietnam: Continuation of Antidumping Duty
Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) orders on welded stainless
steel pressure pipe (WSSPP) from Malaysia, Thailand, and the Socialist
Republic of Vietnam (Vietnam) would likely lead to a continuation or
recurrence of dumping and material injury to an industry in the United
States, Commerce is publishing a notice of continuation of the AD
orders.
DATES: Applicable December 3, 2019.
FOR FURTHER INFORMATION CONTACT: Ariela Garvett or Magd Zalok, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3609 and (202) 482-4162,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 21, 2014, Commerce published in the Federal Register the
notices of the antidumping duty orders on WSSPP from Malaysia,
Thailand, and Vietnam.\1\ Between June 3, 2019 and June 4, 2019,
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the
Act), Commerce published the initiation of the first sunset reviews of
the Orders and the ITC instituted its review of the Orders.\2\
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\1\ See Welded Stainless Pressure Pipe from Malaysia, Thailand,
and the Socialist Republic of Vietnam: Antidumping Duty Orders, 79
FR 42289 (July 21, 2014) (Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 25741
(June 4, 2019); see also Welded Stainless Pressure Pipe from China,
Malaysia, Thailand, and Vietnam; Institution of Five-Year Reviews,
84 FR 25567 (June 3, 2019).
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Between June 13, 2019 and June 18, 2019, Commerce received timely
and complete notices of intent to participate in these sunset reviews
from Bristol Metals, LLC, Felker Brothers Corporation, and Webco
Industries, Inc. (collectively, domestic interested parties), within
the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ The domestic
interested parties claimed interested party status under section
771(9)(C) of the Act as manufacturers in the United States of the
domestic like product.\4\
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\3\ See Domestic Interested Parties' Letters, ``Welded Stainless
Steel Pressure Pipe from Malaysia: Notice of Intent to
Participate,'' dated June 13, 2019 (Malaysia Intent to Participate);
``Welded Stainless Steel Pressure Pipe from Thailand: Notice of
Intent to Participate,'' dated June 13, 2019 (Thailand Intent to
Participate); and ``Welded Stainless Steel Pressure Pipe from
Vietnam: Notice of Intent to Participate,'' dated June 13, 2019
(Vietnam Intent to Participate). Also, Commerce received a timely
and complete notice of intent to participate in these sunset reviews
from domestic interested party Primus Pipe & Tube, Inc. (Primus).
See Primus' Letter, ``Welded Stainless Steel Pressure Pipe from
Malaysia, Thailand, and the Socialist Republic of Vietnam: Notice of
Intent to Participate,'' dated June 18, 2019.
\4\ See Malaysia Intent to Participate at 2; see also Thailand
Intent to Participate at 2; Vietnam Intent to Participate at 2;
Primus Intent to Participate at 2.
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Between July 1, 2019 and July 5, 2019, the domestic interested
parties filed timely and adequate substantive responses, within the
deadline specified in 19 CFR 351.218(d)(3)(i).\5\ Commerce received no
substantive response from respondent interested parties. Pursuant to
section 751(c)(3)(B) of the Act, Commerce conducted expedited (120-day)
sunset reviews of the Orders.\6\ On October 15, 2019, the ITC exercised
its discretion to extend its review period by up to 90 days to conduct
expedited five-year reviews of the Orders.\7\
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\5\ See Domestic Interested Parties' Letter ``Welded Stainless
Steel Pressure Pipe from Malaysia: Substantive Response to Notice of
Initiation,'' dated July 1, 2019; see also Domestic Interested
Parties' Letters, ``Welded Stainless Steel Pressure Pipe from
Thailand: Substantive Response to Notice of Initiation,'' dated July
1, 2019; and ``Welded Stainless Steel Pressure Pipe from Vietnam:
Substantive Response to Notice of Initiation,'' dated July 1, 2019.
Also, Primus submitted a response, in which it agreed with the
substantive responses of the other domestic interested parties. See
Primus' Letter, ``Welded Stainless Steel Pipe Sunset Review: 2nd
Review for China AD/CVD; 1st Review for Vietnam, Thailand and
Malaysia; Substantive Response to Notice of Initiation,'' dated July
5, 2019.
\6\ See Commerce's Letter, ``Sunset Reviews Initiated on June 1,
2019,'' dated July 29, 2019.
\7\ See Welded Stainless Steel Pressure Pipe from China,
Malaysia, Thailand, and Vietnam; Scheduling of Expedited Five-Year
Reviews, 84 FR 55171 (October 15, 2019).
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As a result of its reviews, Commerce determined, pursuant to
sections 751(c)(1) and 752(c) of the Act, that revocation of the Orders
on WSSPP from Malaysia, Thailand, and Vietnam would likely lead to
continuation or recurrence of dumping. Commerce, therefore, notified
the ITC of the magnitude of the margins of dumping rates likely to
prevail should these Orders be revoked, in accordance with sections
752(c)(3) of the Act.\8\
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\8\ See Welded Stainless Steel Pressure Pipe from Malaysia,
Thailand, and the Socialist Republic of Vietnam: Final Results of
Expedited First Sunset Reviews of Antidumping Duty Orders, 84 FR
52458 (October 2, 2019).
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On November 25, 2019 the ITC published its determination that
revocation of the Orders would likely lead to a continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time, pursuant to sections 751(c) and
752(a) of the Act.\9\
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\9\ See Welded Stainless Steel Pressure Pipe from China,
Malaysia, Thailand, and Vietnam; Determination, 84 FR 64922
(November 25, 2019); see also Welded Stainless Steel Pressure Pipe
from China, Malaysia, Thailand, and Vietnam (Inv. Nos. 701-TA-454
and 731-TA-1144 (Second Review) and 731-TA-1210-1212 (Review), USITC
Publication 4994, November 2019).
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Scope of the Orders
The merchandise covered by these orders are circular welded
austenitic stainless pressure pipe not greater than 14 inches in
outside diameter. For purposes of these orders, references to size are
in nominal inches and include all products within tolerances allowed by
pipe specifications. This merchandise includes, but is not limited
[[Page 66155]]
to, the American Society for Testing and Materials (ASTM) A-312 or ASTM
A-778 specifications, or comparable domestic or foreign specifications.
ASTM A-358 products are only included when they are produced to meet
ASTM A-312 or ASTM A-778 specifications, or comparable domestic or
foreign specifications.
Excluded from the scope are: (1) Welded stainless mechanical
tubing, meeting ASTM A-554 or comparable domestic or foreign
specifications; (2) boiler, heat exchanger, superheater, refining
furnace, feedwater heater, and condenser tubing, meeting ASTM A-249,
ASTM A-688 or comparable domestic or foreign specifications; and (3)
specialized tubing, meeting ASTM A-269, ASTM A-270 or comparable
domestic or foreign specifications.
The subject imports are normally classified in subheadings
7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, and
7306.40.5085 of the Harmonized Tariff Schedule of the United States
(HTSUS). They may also enter under HTSUS subheadings 7306.40.1010,
7306.40.1015, 7306.40.5042, 7306.40.5044, 7306.40.5080, and
7306.40.5090. The HTSUS subheadings are provided for convenience and
customs purposes only; the written description of the scope of these
investigations is dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to a continuation or
recurrence of dumping and material injury to an industry in the United
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a),
Commerce hereby orders the continuation of the Orders on WSSPP from
Malaysia, Thailand, and Vietnam. U.S. Customs and Border Protection
will continue to collect AD cash deposits at the rates in effect at the
time of entry for all imports of subject merchandise.
The effective date of the continuation of the Orders will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year (sunset)
reviews of these Orders not later than 30 days prior to the fifth
anniversary of the effective date of continuation.
Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
APO of their responsibility concerning the return, destruction, or
conversion to judicial protective order of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to
comply is a violation of the APO which may be subject to sanctions.
Notification to Interested Parties
These five-year sunset reviews and this notice are in accordance
with section 751(c) of the Act and published pursuant to section
777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: November 25, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-26038 Filed 12-2-19; 8:45 am]
BILLING CODE 3510-DS-P