[Federal Register Volume 84, Number 235 (Friday, December 6, 2019)]
[Notices]
[Pages 66883-66884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26359]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-930, C-570-931]


Circular Welded Austenitic Stainless Pressure Pipe From the 
People's Republic of China: Continuation of Antidumping Duty Order and 
Countervailing Duty Order

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) order and countervailing 
duty (CVD) order on circular welded austenitic stainless pressure pipe 
(WSPP) from the People's Republic of China (China) would likely lead to 
a continuation or recurrence of dumping, countervailable subsidies, and 
material injury to an industry in the United States, Commerce is 
publishing a notice of continuation of the AD order and the CVD order.

DATES: Applicable December 6, 2019.

FOR FURTHER INFORMATION CONTACT: Eric B. Greynolds, AD/CVD Operations, 
Office III, and Thomas Hanna, 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) 482-6071 and (202) 482-0835, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 17, 2009, Commerce published in the Federal Register the 
AD order on WSSP from China.\1\ On March 19, 2009, Commerce published 
in the Federal Register the CVD order on WSSP from China.\2\ On June 4, 
2019, pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(the Act), Commerce published the initiation of the second sunset 
reviews of the Orders \3\ and the ITC instituted its review of the 
Orders.\4\
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    \1\ See Antidumping Duty Order: Circular Welded Austenitic 
Stainless Pressure Pipe from the People's Republic of China, 74 FR 
11351 (March 17, 2009) (AD Order).
    \2\ See Circular Welded Austenitic Stainless Pressure Pipe from 
the People's Republic of China: Countervailing Duty Order, 74 FR 
11712 (March 19, 2009) (CVD Order).
    \3\ The AD Order and CVD Order are collectively referred to as 
the Orders.
    \4\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 25741 
(June 4, 2019); see also Welded Stainless Steel Pressure Pipe from 
China, Malaysia, Thailand, and Vietnam; Institution of Five-Year 
Reviews, 84 FR 25567 (June 3, 2019).

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[[Page 66884]]

    On June 13, 2019, Commerce received notices of intent to 
participate in the sunset reviews from Bristol Metals, LLC, Felker 
Brothers Corporation, and Webco Industries, Inc. within the deadline 
specified in 19 CFR 351.218(d)(1)(i).\5\ On June 18, 2019, Commerce 
also received a notice of intent to participate in the AD and CVD 
sunset review from Primus Pipe.\6\ The domestic interested parties and 
Primus Pipe claimed interested party status under section 771(9)(C) of 
the Act as manufacturers in the United States of the domestic like 
product.\7\
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    \5\ See Domestic Interested Parties' Letters, ``Welded Stainless 
Steel Pressure Pipe from China: Notice of Intent to Participate,'' 
dated June 13, 2019 (AD Notice to Participate); and ``Welded 
Stainless Steel Pressure Pipe from China: Notice of Intent to 
Participate,'' dated June 13, 2019 (CVD Notice to Participate).
    \6\ See Primus Pipe's Letters, ``Circular Welded Austenitic, 
Stainless Pressure Pipe from China: Notice of Intent to 
Participate,'' dated June 18, 2019 (Primus Pipe's AD Notice to 
Participate); and ``Circular Welded Austenitic, Stainless Pressure 
Pipe from China: Notice of Intent to Participate,'' dated June 18, 
2019 (Primus Pipe's CVD Notice to Participate).
    \7\ See AD Notice to Participate at 2; Primus Pipe's AD Notice 
to Participate at 2; CVD Notice to Participate at 2; and Primus 
Pipe's CVD Notice to Participate at 2.
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    On June 28, 2019, Commerce received complete and adequate 
substantive responses from the domestic interested parties filed within 
the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\8\ On July 5, 
2019, Primus Pipe expressed its support for the substantive response 
filed by the domestic interested parties and incorporated them by 
reference.\9\ 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.\10\ On September 6, 2019, the ITC determined to conduct an 
expedited five-year review of the Orders.\11\
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    \8\ See Domestic Interested Parties' Letters, ``Circular Welded 
Austenitic Stainless Pressure Pipe from the People's Republic of 
China, Second Review: Substantive Response to Notice of 
Initiation,'' dated June 28, 2019; and ``Circular Welded Austenitic 
Stainless Pressure Pipe from the People's Republic of China, Second 
Review: Substantive Response to Notice of Initiation,'' dated June 
28, 2019.
    \9\ See Primus Pipe's Letters, ``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; and ``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.
    \10\ See Letter from Erin Begnal, Director, AD/CVD Operations, 
Enforcement and Compliance, U.S. Department of Commerce, to Nannette 
Christ, Director, Office of Investigations, July 29, 2019.
    \11\ See Explanation of Commission Determinations on Adequacy, 
EDIS Doc. 691660 (September 6, 2019).
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    As a result of its reviews, Commerce determined, pursuant to 
sections 751(c)(1) and 752(b) and (c) of the Act, that revocation of 
the Orders on WSSP from China would likely lead to continuation or 
recurrence of dumping or countervailable subsidies. Commerce, 
therefore, notified the ITC of the magnitude of the margins of dumping 
and net countervailable subsidy rates likely to prevail should these 
Orders be revoked, in accordance with sections 752(b)(3) and (c)(3) of 
the Act.\12\
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    \12\ See Circular Welded Austenitic Stainless Pressure Pipe From 
the People's Republic of China: Final Results of the Expedited 
Second Sunset Review of the Antidumping Duty Order, 84 FR 52462 
(October 2, 2019); see also Circular Welded Austenitic Stainless 
Pressure Pipe From the People's Republic of China: Final Results of 
the Expedited Second Sunset Review of the Countervailing Duty Order, 
84 FR 52460 (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.\13\
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    \13\ 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: Investigation Nos. 731-
TA-1210-1212 and 701-TA-454 and 731-TA-1144 (Second Review) 
(November 2019).
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Scope of the Orders

    The merchandise covered by these orders is circular welded 
austenitic stainless pressure pipe not greater than 14 inches in 
outside diameter. This merchandise includes, but is not limited 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 
orders 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, countervailable subsidies, 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 WSSP from China. U.S. Customs and Border Protection 
will continue to collect AD and CVD 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: December 2, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-26359 Filed 12-5-19; 8:45 am]
BILLING CODE 3510-DS-P