2019 08955

Transcript

1 This document is scheduled to be published in the Federal Register on 05/02/2019 and available online at https://federalregister.gov/d/2019-08955 govinfo.gov , and on 3510 - P BILLING CODE: - DS DEPARTMENT OF COMMERCE International Trade Administration - - 863 A 122 ] [ : Antidumping Duty Order Canada Large Diameter Welded Pipe from e Administration, Department of and Compliance, International Trad AGENCY: Enforcement Commerce . s by the Department of Commerce SUMMARY: Based on affirmative final determination (Commerce) and the International Trade Commission (ITC), Commerce is issuing an line and structural antidumping duty carbon and alloy steel order on large diameter welded pipe from Canada . Federal Register ]. DATES: Applicable [Insert Date of Publication in the - 4 031 or at (202) 482 Susan S. Pulongbarit FOR FURTHER INFORMATION CONTACT: - 0250 Annathea Cook at (202) 482 , AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background Commerce published its affirmative final determi nation in the February 27, 2019 On , 1 value ( LTFV ) investigation of large diameter welded pipe - Canada . fair - The less - than from investigation in Commerce’s final determination covered large diameter welded the scope of carbon and alloy steel , large diameter welded carbon and alloy steel line pipe (welded line pipe) structural pipe (welded structural pipe), and stainless steel large diameter welded pipe (stainless 1 from Canada : Final Affirmative Determination of Sales at Less Than Fair Value , See Large Diameter Welded Pipe February 27, 2019 ) ( Final Determination ) . 84 FR 6378 (

2 2 from Canada . steel pipe) As discussed below, the ITC subsequently found three domestic like d by the scope of the investigation welded line pipe, welded structural pipe, and products covere ( , ) and , made a separate injury determination with respect to each stainless steel pipe accordingly product. On April 15 , 2019 , the ITC notified Commerce of its final determination, domestic like pursuant to 735(d) of the Tariff of 1930, as amended (the Act ) , that an industry in the United Act States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of 3 pipe and welded structural pipe LTFV imports of welded Canada . line Additional l y, the from ITC made a negative determination of material injury or threat of material injury with respect to 4 5 Commerce released draft revised scope language for comment by parties. stainless steel pipe. No party objected to the revised scope language in this proceeding. Scope of the Order s covered by this order The product welded line pipe and welded structural pipe from are Canada . For a complete description of the scope of th is order, see the Appendix to this notice. Antidumping Duty Order s April , 2019 , in On 15 735(b)(1)(A)(i) and 735(d) of the Act, the accordance with section 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 6 of the Act . U.S. industry , we are As a result , and in accordance with section s 735(c)(2) and 736 publishing this antidumping duty order As noted above, i n its determination, the ITC foun d . 2 Id. 3 See ITC Notification Letter regarding ITC Investigation Nos. 701 - TA - 59 5 - 59 6 and 731 - TA - 140 1 , 1403, 140 5 - 1406 April 15 , 2019 (ITC Notification) ; , dated s ee also Large Diameter Welded Pipe from Ca nada, Greece, Korea, Turk ey and April ; Determinations , 84 FR 16533 ( 19 , 2019) ( ITC Final Determination ) ; and La rge Diameter Welded - Pipe from Greece, Korea, and Turkey , Investigation Nos. 701 - TA - 59 5 - 59 6 and 731 - TA - 140 1, 1403, 140 5 Canada, 1406 (Final), Publication 48 83 , April 2019 (Final ITC Report). 4 See ITC Notification. 5 See Memorandum, “Comments on the Scope of the Orders,” dated April 5, 2019. 6 . ITC Final Determination See ITC Notification; and 2

3 three domestic like products covered by the scope of the investigation: welded line pipe , welded , and . The ITC made a negative determination with respect to structural pipe stainless steel pipe e from Canada . The ITC made an affirmative determination with respect to stainless steel pip Because the ITC made line pipe and welded structural pipe from Canada . welded distinct and different injury determinations for separate domestic like products, Commerce will instruct U.S. Customs and Border Pro tection ( CBP ) to assess antidumping duties on entries of welded line , pipe (subject merchandise) from Canada and welded structural pipe and not on entries of stainless steel pipe (excluded merchandise) from Canada . Welded Line Pipe The Final ITC Report describes welded line pipe as a tubular product produced from Institute specifications, and 5L carbon and alloy steel, produced to American Petroleum (API) 7 es . designed for conveying gas Because the ITC determined that LTFV imports of liquids and 8 l ine pipe from Canada are materially injuring a U.S. industry, welded all unliquidated entries of subject merchandise from , entered or withdrawn from warehouse, are subject to the Canada assessment of antidumping duties , as described below . As a result of the Final Determination ITC , in accordance with section 7 3 6(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 c onstructed 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 a fter August 27 , 2018, the 7 See Final ITC Report at 7 . 8 . 5 Id. at 1 and 3

4 9 , date of publication of the but will not be assessed on entries Preliminary Determination the expiration of the provisional measures period , beginning on occurring February 2 3 , after , in accordance with section 733(d) of the Act 2019 , until the date of publication of the ITC Final Determination in the Federal Register . Welded Structural Pipe The Final ITC Report describes welded structural pipe as a tubular product produced Testing and Materials (ASTM) from carbon and alloy steel f o r American Society , produced to 10 specifications, and designed for support in construction projects and piling. Because the ITC determined that LTFV imports of welded structural pipe from Canada are materially injuring a 11 U.S. industry, all unliquidated entries of subject merchandise from Canada , entered or withdrawn from warehouse, are subject to the assessment of antidumping duties , as described below . As a result of the ITC Final Determination , in accordance with section 7 3 6(a) of the Act, Commerce will direct CBP to assess, upon further instruction by Commerce, antidumping duties . Antidumping duties will be welded structural pipe from Canada for all relevant entries of entered, or withdrawn assessed on unliquidated pipe from Canada structural entries of welded from warehouse, for consumption on or after August 27 , 2018, the date of publication of the 12 , on entries occurring but will not be assessed Preliminary Determination after the expiration of February 2 the provisional measures pe , beginning on riod 3 , 2019 , in accordance with section 9 Large Diameter Welded Pipe See from Canada : Preliminar y Determination of Sales at Less Than Fair Value , Postponement of Final Determination and Extension of , 8 3 FR 43 649 Provisional Measures (August 27, 2018) ( Preliminary Determination ). 10 See Final ITC Report a t 7 . 11 Id. at 1 and 5 . 12 . n See Preliminary Determinatio 4

5 733(d) of the Act the date of publication of the ITC Final Determination in the Federal , until . Register Stainless Steel Pipe desc r ibes stainless steel pipe as being produced from stainless steel The Final ITC Report 13 - resistant properties. - chrome chemistry and corrosion Because the ITC made a for its high or threat of material injury by reason of LTFV imports negative determination of material injury 14 stainless steel pipe from Canada , of Commerce will direct CBP to terminate the suspension of liquidation for entries of stainless steel pipe from Canada entered, or withdrawn from warehouse, s to all and cash deposit refund with respect to these entries pursuant to section 735(c)(2) of the Ac t . Suspension of Liquidation In accordance with section 73 6 reinstitute the of the Act, Commerce will direct CBP to i.e. and welded structural suspen sion of liquidation of subject merchandise ( , welded line pipe pipe Canada , effective the date of publication of the ITC F inal D etermination from 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 wh ich the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise . W e 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 These instructions suspending entry of subject merchandise equal to the rates noted below. liquidation will remain in effect until further notice. T he all - others rate applies to all other producers or exporters not specifically listed. 13 See Final ITC Report at 7 . 14 . 5 Id. at 1 - 2 and 5

6 Estimated Weighted - Average Company (percent) Dumping Margin 15 Evraz Inc. NA 12.32 All Others 12.32 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 . published in accordance with sections 735( Th is order c ) and 736(a) of the Act and 19 is CFR 351.211(b). Dated: April 23, 2019. ____________________________ Jeffrey I. Kessler , Assistant Secretary for Enforcement and Compliance . 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. 6

7 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 ace finish, grade, end finish, or stenciling. Large pipe), regardless of wall thickness, length, surf 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 t he 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 and/or standards or to proprietary specifications, grades and/or standards, or can be non All pipe - graded material. meeting the physical description set forth above i s 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, paint ing, 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. 08955 Filed: 5/1/2019 8:45 am; Publication Date: 5/2/2019] [FR Doc. 2019 -

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