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[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Notices]
[Pages 30690-30693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13564]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-882]

Large Diameter Welded Pipe From India: Preliminary Affirmative 
Countervailing Duty Determination and Alignment of Final Determination 
With Final Antidumping Duty Determination

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

[[Page 30691]]

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of large diameter welded pipe (welded pipe) from India for 
the period of investigation of January 1, 2017, through December 31, 
2017. Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable June 29, 2018.

FOR FURTHER INFORMATION CONTACT: Suzanne Lam or Robert Palmer, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-0783 or (202) 
482-9068, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on February 
20, 2018.\1\ On April 2, 2018, Commerce postponed the preliminary 
determination of this investigation and the revised deadline is now 
June 19, 2018.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics discussed in the Preliminary 
Decision Memorandum is included as Appendix II to this notice. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov, and 
is available to all parties in the Central Records Unit, Room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
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    \1\ See Large Diameter Welded Pipe from India, the People's 
Republic of China, the Republic of Korea, and the Republic of 
Turkey: Initiation of Countervailing Duty Investigations, 83 FR 7148 
(February 20, 2018) (Initiation Notice).
    \2\ See Large Diameter Welded Pipe from India, the People's 
Republic of China, the Republic of Korea, and the Republic of 
Turkey: Postponement of Preliminary Determinations in the 
Countervailing Duty Investigations, 83 FR 13946 (April 2, 2018).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination of the Countervailing Duty Investigation of Large 
Diameter Welded Pipe from India,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is welded pipe from 
India. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
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    For a summary of the product coverage comments and rebuttal 
responses submitted to the record for this preliminary determination, 
and accompanying discussion and analysis of all comments timely 
received, see the Preliminary Scope Decision Memorandum.\6\ Commerce is 
preliminarily modifying the scope language as it appeared in the 
Initiation Notice. See revised scope in Appendix I. Interested parties 
will have the opportunity to submit case and rebuttal briefs on the 
preliminary scope determinations. We will notify parties of the due 
dates for these briefs at a later time.
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    \6\ See Memorandum, ``Large Diameter Welded Pipe from Canada, 
Greece, India, the People's Republic of China, the Republic of 
Korea, and the Republic of Turkey: Scope Comments Decision 
Memorandum for the Preliminary Determinations,'' dated concurrently 
with this notice (Preliminary Scope Decision Memorandum).
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Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e., a financial contribution by an ``authority'' that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\7\
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    \7\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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    Commerce notes that, in making these findings, it relied, in part, 
on facts available and, because it finds that one or more respondents 
did not act to the best of their ability to respond to Commerce's 
requests for information, it drew an adverse inference where 
appropriate in selecting from among the facts otherwise available.\8\ 
For further information, see ``Use of Facts Otherwise Available and 
Adverse Inferences'' in the Preliminary Decision Memorandum.
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    \8\ See sections 776(a) and (b) of the Act.
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Alignment

    In accordance with section 705(a)(1) of the Act and 19 CFR 
351.210(b)(4), Commerce is aligning the final countervailing duty (CVD) 
determination in this investigation with the final determination in the 
companion antidumping duty (AD) investigation of welded pipe from 
India, based on a request made by American Cast Iron Pipe Company, Berg 
Steel Pipe Corp./Berg Spiral Pipe Corp, Dura-Bond Industries, Skyline 
Steel, Stupp Corporation, Greens Bayou Pipe Mill, LP, JSW Steel (USA) 
Inc., and Trinity Products LLC (collectively, the petitioners).\9\ 
Consequently, the final CVD determination will be issued on the same 
date as the final AD determination, which is currently scheduled to be 
issued no later than November 5, 2018, unless postponed.
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    \9\ See Petitioners' Letter, ``Large Diameter Welded Pipe from 
India: Request to Align Countervailing Duty Investigation Final 
Determination with Antidumping Duty Investigation Final 
Determination,'' dated June 5, 2018.
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All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually investigated. This rate 
shall be an amount equal to the weighted average of the estimated 
subsidy rates established for those companies individually 
investigated, excluding any zero and de minimis rates and any rates 
based entirely under section 776 of the Act.
    Pursuant to section 705(c)(5)(A)(ii) of the Act, if the individual 
estimated countervailable subsidy rates established for all exporters 
and producers individually investigated are zero, de minimis or 
determined based entirely on facts otherwise available, Commerce may 
use any reasonable method to establish the estimated subsidy rate for 
all-other producers or exporters. In this case, the countervailable 
subsidy rate calculated for the investigated companies is based 
entirely on facts available under section 776 of the Act. However, 
there is no other information on the record upon which to determine an 
all-others rate. As a result, we have used the rate assigned to Bhushan 
Steel and Welspun Trading Limited as the all-others rate.

[[Page 30692]]

This method is consistent with Commerce's past practice.\10\
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    \10\ See, e.g., Circular Welded Carbon-Quality Steel Pipe from 
India: Final Affirmative Countervailing Duty Determination, 77 FR 
64468 (October 22, 2012).
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Bhushan Steel...........................................          541.15
Welspun Trading Limited.................................          541.15
All-Others..............................................          541.15
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), 
Commerce will instruct CBP to require a cash deposit equal to the rates 
indicated above.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination within five 
days of its public announcement, or if there is no public announcement, 
within five days of the date of publication of the notice of 
preliminary determination in the Federal Register, in accordance with 
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA 
to the individually examined companies (Bhushan Steel and Welspun 
Trading Limited) in this investigation, in accordance with section 776 
of the Act, and because our calculation of the AFA subsidy rate is 
outlined in Appendix I of the Preliminary Decision Memorandum, there 
are no further calculations to disclose.

Verification

    Because the examined respondents in this investigation did not 
provide information requested by Commerce, and Commerce preliminarily 
determines each of the examined respondents to have been uncooperative, 
it will not conduct verification of the mandatory respondents. The 
Government of India (GOI) did provide some information requested by 
Commerce; Commerce intends to seek additional information after the 
preliminary determination concerning certain programs the GOI claimed 
the mandatory respondents did not use, and may verify any information 
received, if appropriate.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance at a date to be 
determined. Rebuttal briefs, limited to issues raised in case briefs, 
may be submitted no later than five days after the deadline date for 
case briefs.\11\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties 
who submit case briefs or rebuttal briefs in this investigation are 
encouraged to submit with each argument: (1) A statement of the issue; 
(2) a brief summary of the argument; and (3) a table of authorities.
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    \11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination. Pursuant to section 705(b)(2) of the Act, if the final 
determination is affirmative, the ITC will make its final injury 
determination before the later of 120 days after the date of Commerce's 
affirmative preliminary determination or 45 days after the date of 
Commerce's affirmative final determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: June 19, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is welded carbon 
and alloy steel pipe (including 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 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 
investigation, 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 investigation 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 
investigation 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, 7305.31.6010, 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 investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary

[[Page 30693]]

II. Background
III. Injury Test
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Analysis of Programs
VI. Conclusion

[FR Doc. 2018-13564 Filed 6-28-18; 8:45 am]
 BILLING CODE 3510-DS-P
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