[Federal Register Volume 85, Number 150 (Tuesday, August 4, 2020)]
[Notices]
[Pages 47176-47180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16911]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-851-804, A-580-909, A-821-826, A-823-819]


Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe 
From the Czech Republic, the Republic of Korea, the Russian Federation, 
and Ukraine: Initiation of Less-Than-Fair-Value Investigations

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


DATES: Applicable July 28, 2020.

FOR FURTHER INFORMATION CONTACT: Allison Hollander at (202) 482-2805 
(the Czech Republic); Joshua DeMoss at (202) 482-3362 (the Republic of 
Korea (Korea)); Kathryn Turlo at (202) 482-3870 (the Russian Federation 
(Russia)); Zachary Shaykin at (202) 482-2638 (Ukraine); AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petitions

    On July 8, 2020, the Department of Commerce (Commerce) received 
antidumping duty (AD) petitions concerning imports of seamless carbon 
and alloy steel standard, line, and pressure pipe (seamless pipe) from 
the Czech Republic, Korea, Russia, and Ukraine filed in proper form on 
behalf the Vallourec Star, LP (the petitioner), a domestic producer of 
seamless pipe.\1\ The Petitions were accompanied by a countervailing 
duty (CVD) petitions concerning imports of seamless pipe from Korea and 
Russia.\2\
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    \1\ See Petitioner's Letter, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties: Seamless Carbon and Alloy 
Steel Standard, Line, and Pressure Pipe from the Czech Republic, the 
Republic of Korea, Russia, and Ukraine,'' dated July 8, 2020 (the 
Petitions).
    \2\ Id.
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    On July 13 and 17, 2020, Commerce requested supplemental 
information pertaining to certain aspects of the Petitions in separate 
supplemental questionnaires.\3\ The petitioner filed responses to the 
supplemental questionnaires on July 15 and 21, 2020.\4\
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    \3\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping Duties on Imports of Seamless Carbon and Alloy Steel 
Standard, Line, and Pressure Pipe from the Czech Republic, the 
Republic of Korea, Russia, and Ukraine and Countervailing Duties on 
Imports from the Republic of Korea and Russia: Supplemental 
Questions,'' dated July 13, 2020 (General Issues Supplemental); and 
Country-Specific Supplemental Questionnaires: Czech Republic 
Supplemental, Korea Supplemental, Russia Supplemental, and Ukraine 
Supplemental, dated July 13, 2020 and Korea Second Supplemental, 
dated July 17, 2020.
    \4\ See Petitioner's Country-Specific Supplemental Responses, 
dated July 15, 2020; Korea Second Supplemental Response, dated July 
21, 2020; see also Petitioner's Letter, ``Seamless Carbon and Alloy 
Steel Standard, Line, and Pressure Pipe from the Czech Republic, the 
Republic of Korea, Russia, and Ukraine: Response to General Issues 
Questionnaire,'' dated July 15, 2020 (General Issues Supplement).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of seamless pipe 
from the Czech Republic, Korea, Russia, and Ukraine are being, or are 
likely to be, sold in the United States at less than fair value (LTFV) 
within the meaning of section 731 of the Act, and that imports of such 
products are materially injuring, or threatening material injury to, 
the seamless pipe industry in the United States. Consistent with 
section 732(b)(1) of the Act, the Petitions are accompanied by 
information reasonably available to the petitioner supporting its 
allegations.
    Commerce finds that the petitioner filed the Petitions on behalf of 
the domestic industry, because the petitioner is an interested party, 
as defined in section 771(9)(C) of the Act. Commerce also finds that 
the petitioner demonstrated sufficient industry support for the 
initiation of the requested LTFV investigations.\5\
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    \5\ See infra, section on ``Determination of Industry Support 
for the Petitions.''
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Periods of Investigation

    Because the Petitions were filed on July 8, 2020, the periods of 
investigation (POI) for these LTFV investigations is July 1, 2019 
through June 30, 2020, pursuant to 19 CFR 351.204(b)(1).\6\
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    \6\ See 19 CFR 351.204(b)(1).
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Scope of the Investigations

    The products covered by these investigations are seamless pipe from 
the Czech Republic, Korea, Russia, and Ukraine. For a full description 
of the scope of these investigations, see the appendix to this notice.

Comments on the Scope of the Investigations

    On July 13, 2020, Commerce requested further information from the 
petitioner regarding the proposed scope to ensure that the scope 
language in the Petitions is an accurate reflection of the products for 
which the domestic industry is seeking relief.\7\ On July 15, 2020, the 
petitioner revised the scope.\8\ The description of merchandise covered 
by these investigations, as described in the appendix to this notice, 
reflects these clarifications.
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    \7\ See General Issues Supplemental.
    \8\ See General Issues Supplement at 4 and Exhibit 3.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\9\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information,\10\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit such comments by 5:00 p.m. Eastern Time 
(ET) on August 17, 2020, which is 20 calendar days from the signature 
date of this notice. Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on August 27, 2020, which is 
ten calendar days from the initial comment deadline.
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    \9\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
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    Commerce requests that any factual information that parties 
consider relevant to the scope of these investigations be submitted 
during this period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of these 
investigations may be relevant, the party may contact Commerce and 
request permission to submit the additional information. All such 
submissions must be filed on the records of each of the concurrent AD 
and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\11\ An

[[Page 47177]]

electronically filed document must be received successfully in its 
entirety by the time and date on which it is due.
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of seamless pipe to be 
reported in response to Commerce's AD questionnaires. This information 
will be used to identify the key physical characteristics of the 
subject merchandise in order to report the relevant costs of production 
accurately, as well as to develop appropriate product-comparison 
criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) General product 
characteristics, and (2) product comparison criteria. We note that it 
is not always appropriate to use all product characteristics as product 
comparison criteria. We base product comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe seamless pipe, it may be that only a select few product 
characteristics take into account commercially meaningful physical 
characteristics. In addition, interested parties may comment on the 
order in which the physical characteristics should be used in matching 
products. Generally, Commerce attempts to list the most important 
physical characteristics first and the least important characteristics 
last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on August 17, 
2020, which is 20 calendar days from the signature date of this notice. 
Any rebuttal comments must be filed by 5:00 p.m. ET on August 27, 2020. 
All comments and submissions to Commerce must be filed electronically 
using ACCESS, as explained above, on the record of each of the LTFV 
investigations.

Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\12\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\13\
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    \12\ See section 771(10) of the Act.
    \13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F. 2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\14\ Based on our analysis of the information 
submitted on the record, we have determined that seamless pipe, as 
defined in the scope, constitutes a single domestic like product, and 
we have analyzed industry support in terms of that domestic like 
product.\15\
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    \14\ See Volume I of the Petitions at 12-14 and Exhibits I-7 and 
I-8.
    \15\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see country-specific AD Initiation Checklists at Attachment II, 
Analysis of Industry Support for the Antidumping and Countervailing 
Duty Petitions Covering Seamless Carbon and Alloy Steel Standard, 
Line, and Pressure Pipe from the Czech Republic, the Republic of 
Korea, Russia, and Ukraine (Attachment II). These checklists are 
dated concurrently with, and hereby adopted by, this notice and on 
file electronically via ACCESS.
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    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioner provided its 
own shipments of the domestic like product in 2019, as well as the 
shipments of United States Steel Corporation, a supporter of the 
Petitions, and compared this to the estimated total shipments of the 
domestic like product for the entire domestic industry.\16\ Because 
total industry production data for the domestic like product for 2019 
are not reasonably available to the petitioner, and the petitioner has 
established that shipments are a reasonable proxy for production 
data,\17\ we have relied on the data provided by the petitioner for 
purposes of measuring industry support.\18\
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    \16\ See Volume I of the Petitions at 4-5 and Exhibits I-1 
through I-3; see also General Issues Supplement at 5-10 and Exhibit 
6.
    \17\ See Volume I of the Petitions at 4-5 and Exhibit I-1.
    \18\ See Volume I of the Petitions at 4-5 and Exhibits I-1 
through I-3; see also General Issues Supplement at 5-10 and Exhibits 
6, 9, and 10. For further discussion, see country-specific AD 
Initiation Checklists at Attachment II.
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    Our review of the data provided in the Petitions, the General 
Issues Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petitions.\19\ First, the Petitions established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not

[[Page 47178]]

required to take further action in order to evaluate industry support 
(e.g., polling).\20\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
732(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petitions account for at least 25 percent of the total 
production of the domestic like product.\21\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petitions account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petitions.\22\ Accordingly, Commerce determines that the Petitions 
were filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act.\23\
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    \19\ See country-specific AD Initiation Checklists at Attachment 
II.
    \20\ Id.; see also section 732(c)(4)(D) of the Act.
    \21\ See country-specific AD Initiation Checklists at Attachment 
II.
    \22\ Id.
    \23\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner alleges that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\24\
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    \24\ See Volume I of the Petitions at 18 and Exhibit I-10.
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share; underselling and price depression or suppression; 
declines in production, shipments, capacity utilization, and 
employment; and declining financial performance.\25\ We assessed the 
allegations and supporting evidence regarding material injury, threat 
of material injury, causation, as well as negligibility, and we have 
determined that these allegations are properly supported by adequate 
evidence, and meet the statutory requirements for initiation.\26\
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    \25\ See Volume I of the Petitions at 1, 17-34 and Exhibits I-1, 
I-2, I-10, and I-12 through I-15.
    \26\ See country-specific AD Initiation Checklists at Attachment 
III, Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Seamless Carbon and Alloy Steel Standard, Line, and 
Pressure Pipe from the Czech Republic, the Republic of Korea, 
Russia, and Ukraine (Attachment III).
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Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate these LTFV 
investigations of imports of seamless pipe from the Czech Republic, 
Korea, Russia, and Ukraine. The sources of data for the deductions and 
adjustments relating to U.S. price and normal value (NV) are discussed 
in greater detail in the country-specific AD Initiation Checklists.

U.S. Price

    For the Czech Republic, Korea, Russia, and Ukraine, the petitioner 
based export price (EP) on the average unit values of publicly 
available import data. The petitioner made certain adjustments to U.S. 
price to calculate a net ex-factory U.S. price.\27\
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    \27\ See country-specific AD Initiation Checklists.
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Normal Value \28\
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    \28\ In accordance with section 773(b)(2) of the Act, for these 
investigations, Commerce will request information necessary to 
calculate the constructed value and cost of production (COP) to 
determine whether there are reasonable grounds to believe or suspect 
that sales of the foreign like product have been made at prices that 
represent less than the COP of the product..
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    For the Czech Republic, Russia, and Ukraine, the petitioner based 
NV on a home market price quote obtained through market research for 
seamless pipe produced in and sold, or offered for sale, in each 
country within the applicable time period.\29\ For Russia, the 
information provided by the petitioner indicates that the home market 
price quote was below the COP; therefore, the petitioner also 
calculated NV based on constructed value (CV).\30\ For Korea, the 
petitioner stated it was unable to obtain home market or third country 
prices to use as a basis for NV, and, therefore, the petitioner 
calculated NV based on CV.\31\
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    \29\ See country-specific AD Initiation Checklists.
    \30\ See Russia AD Initiation Checklist.
    \31\ See Korea AD Initiation Checklist.
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    For further discussion of CV, see the section ``Normal Value Based 
on Constructed Value.''

Normal Value Based on Constructed Value

    As noted above, the information provided by the petitioner 
indicates that the price charged for seamless pipe produced in and 
sold, or offered for sale, in Russia was below the COP. Accordingly, 
for Russia, the petitioner also based NV on CV.\32\ Additionally, the 
petitioner was not able to obtain home market prices or third country 
prices in Korea. Accordingly, for Korea, the petitioner based NV on 
CV.\33\ Pursuant to section 773(e) of the Act, the petitioner 
calculated CV as the sum of the cost of manufacturing, selling, 
general, and administrative expenses, financial expenses, and 
profit.\34\
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    \32\ See Russia AD Initiation Checklist.
    \33\ See Korea AD Initiation Checklist.
    \34\ See country-specific AD Initiation Checklists.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of seamless pipe from the Czech Republic, Korea, 
Russia, and Ukraine are being, or are likely to be, sold in the United 
States at LTFV. Based on comparisons of EP to NV or CV in accordance 
with sections 772 and 773 of the Act, the estimated dumping margins for 
seamless pipe for each of the countries covered by this initiation are 
as follows: (1) The Czech Republic--50.45 and 51.70 percent; (2) 
Korea--114.80 to 131.31 percent; (3) Russia--41.07 to 273.47 percent; 
and (4) Ukraine--42.38 and 42.88 percent.\35\
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    \35\ See country-specific AD Initiation Checklists.
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Initiation of LTFV Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating these LTFV investigations to 
determine whether imports of seamless pipe from the Czech Republic, 
Korea, Russia, and Ukraine are being, or are likely to be, sold in the 
United States at LTFV. In accordance with section 733(b)(1)(A) of the 
Act and 19 CFR 351.205(b)(1), unless postponed, we will make our 
preliminary determinations no later than 140 days after the date of 
this initiation.

Respondent Selection

    In the Petitions, the petitioner named three companies in the Czech 
Republic, three companies in Korea, and two companies in Russia \36\ as 
producers and/or exporters of seamless pipe.
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    \36\ See Volume I of the Petitions at Exhibit I-9.
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    Following standard practice in LTFV investigations involving market 
economy countries, in the event Commerce determines that the number of 
exporters or producers in any individual case is large such that 
Commerce cannot individually examine each company based upon its 
resources, where appropriate, Commerce intends to select mandatory 
respondents in that case based on U.S. Customs and Border Protection 
(CBP) data for U.S. imports under the appropriate Harmonized Tariff 
Schedule of the United States numbers listed in the ``Scope of the 
Investigations,'' in the appendix.

[[Page 47179]]

    On July 21, 2020, Commerce released CBP data on imports of seamless 
pipe from the Czech Republic, Korea, and Russia under Administrative 
Protective Order (APO) to all parties with access to information 
protected by APO and indicated that interested parties wishing to 
comment on the CBP data must do so within three business days of the 
publication date of the notice of initiation of these 
investigations.\37\ Commerce will not accept rebuttal comments 
regarding the CBP data or respondent selection.
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    \37\ See Memoranda, ``Antidumping Duty Petition on Seamless Pipe 
from the Czech Republic: Release of Customs Data from U.S. Customs 
and Border Protection,'' ``Antidumping Duty Petition on Seamless 
Pipe from Korea: Release of Customs Data from U.S. Customs and 
Border Protection,'' and ``Antidumping Duty Petition on Seamless 
Pipe from Russia: Release of U.S. Customs and Border Protection 
Data,'' dated July 21, 2020.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at https://enforcement.trade.gov/apo.
    The petitioner identified one company in Ukraine as the producer 
and/or exporter of seamless pipe (i.e., Interpipe NTRP), and provided 
independent third-party information as support.\38\ We currently know 
of no additional producers or exporters of seamless pipe from Ukraine. 
Accordingly, Commerce intends to individually examine all known 
producers and exporters in the investigation of seamless pipe from 
Ukraine (i.e., Interpipe NTRP).
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    \38\ See Volume I of the Petitions at Exhibit I-9; see also 
Volume VII of the Petitions at Exhibit VII-3; see also Ukraine 
Supplement at 7.
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    Parties wishing to comment on respondent selection for Ukraine must 
do so within three business days of the publication of this notice in 
the Federal Register. Commerce will not accept rebuttal comments 
regarding respondent selection for Ukraine.
    Comments on CBP data and respondent selection must be filed 
electronically using ACCESS. An electronically-filed document must be 
received successfully in its entirety via ACCESS by 5:00 p.m. ET on the 
specified deadline.

Distribution of Copies of the AD Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the AD Petitions have been 
provided to the governments of the Czech Republic, Korea, Russia, and 
Ukraine via ACCESS. To the extent practicable, we will attempt to 
provide a copy of the public version of the AD Petitions to each 
exporter named in the AD Petitions, as provided under 19 CFR 
351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the AD Petitions were filed, whether there is a reasonable 
indication that imports of seamless pipe from the Czech Republic, 
Korea, Russia, and/or Ukraine are materially injuring, or threatening 
material injury to, a U.S. industry.\39\ A negative ITC determination 
for any country will result in the investigation being terminated with 
respect to that country.\40\ Otherwise, these LTFV investigations will 
proceed according to statutory and regulatory time limits.
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    \39\ See section 733(a) of the Act.
    \40\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \41\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\42\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in these investigations.
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    \41\ See 19 CFR 351.301(b).
    \42\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of particular 
market situation (PMS) for purposes of CV, stating that ``if a 
particular market situation exists such that the cost of materials and 
fabrication or other processing of any kind does not accurately reflect 
the cost of production in the ordinary course of trade, the 
administering authority may use another calculation methodology under 
this subtitle or any other calculation methodology.'' When an 
interested party submits a PMS allegation pursuant to section 773(e) of 
the Act, Commerce will respond to such a submission consistent with 19 
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 
773(e) of the Act, then it will modify its dumping calculations 
appropriately.
    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set 
a deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of a respondent's initial 
section D questionnaire response.

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301. For submissions that are due 
from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; under limited circumstances we will 
grant untimely-filed requests for the extension of time limits. Parties 
should review Extension of Time Limits; Final Rule, 78 FR 57790 
(September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to

[[Page 47180]]

submitting factual information in these investigations.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\43\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\44\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \43\ See section 782(b) of the Act.
    \44\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce 
published Antidumping and Countervailing Duty Proceedings: Documents 
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 
Parties wishing to participate in these investigations should ensure 
that they meet the requirements of these procedures (e.g., the filing 
of letters of appearance as discussed at 19 CFR 351.103(d)). Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\45\
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    \45\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: July 28, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigations

    The merchandise covered by the scope of these investigations is 
seamless carbon and alloy steel (other than stainless steel) pipes 
and redraw hollows, less than or equal to 16 inches (406.4 mm) in 
nominal outside diameter, regardless of wall-thickness, 
manufacturing process (e.g., hot-finished or cold-drawn), end finish 
(e.g., plain end, beveled end, upset end, threaded, or threaded and 
coupled), or surface finish (e.g., bare, lacquered or coated). 
Redraw hollows are any unfinished carbon or alloy steel (other than 
stainless steel) pipe or ``hollow profiles'' suitable for cold 
finishing operations, such as cold drawing, to meet the American 
Society for Testing and Materials (ASTM) or American Petroleum 
Institute (API) specifications referenced below, or comparable 
specifications. Specifically included within the scope are seamless 
carbon and alloy steel (other than stainless steel) standard, line, 
and pressure pipes produced to the ASTM A-53, ASTM A-106, ASTM A-
333, ASTM A-334, ASTM A-589, ASTM A-795, ASTM A-1024, and the API 5L 
specifications, or comparable specifications, and meeting the 
physical parameters described above, regardless of application, with 
the exception of the exclusions discussed below.
    Specifically excluded from the scope of the investigations are: 
(1) All pipes meeting aerospace, hydraulic, and bearing tubing 
specifications, including pipe produced to the ASTM A-822 standard; 
(2) all pipes meeting the chemical requirements of ASTM A-335, 
whether finished or unfinished; and (3) unattached couplings. Also 
excluded from the scope of the investigations are all mechanical, 
boiler, condenser and heat exchange tubing, except when such 
products conform to the dimensional requirements, i.e., outside 
diameter and wall thickness, of ASTM A-53, ASTM A-106 or API 5L 
specifications.
    Subject seamless standard, line, and pressure pipe are normally 
entered under Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 7304.19.1020, 7304.19.1030, 7304.19.1045, 
7304.19.1060, 7304.19.5020, 7304.19.5050, 7304.31.6050, 
7304.39.0016, 7304.39.0020, 7304.39.0024, 7304.39.0028, 
7304.39.0032, 7304.39.0036, 7304.39.0040, 7304.39.0044, 
7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.39.0062, 
7304.39.0068, 7304.39.0072, 7304.51.5005, 7304.51.5060, 
7304.59.6000, 7304.59.8010, 7304.59.8015, 7304.59.8020, 
7304.59.8025, 7304.59.8030, 7304.59.8035, 7304.59.8040, 
7304.59.8045, 7304.59.8050, 7304.59.8055, 7304.59.8060, 
7304.59.8065, and 7304.59.8070. The HTSUS subheadings and 
specifications are provided for convenience and customs purposes; 
the written description of the scope is dispositive.

[FR Doc. 2020-16911 Filed 8-3-20; 8:45 am]
BILLING CODE 3510-DS-P