Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices 345 

set forth herein are intended for 

inclusion within the definition of 

subject merchandise. 

All multilayered wood flooring is 

included within the definition of subject 

merchandise, without regard to: 

Dimension (overall thickness, thickness 

of face ply, thickness of back ply, 

thickness of core, and thickness of inner 

plies; width; and length); wood species 

used for the face, back, and inner 

veneers; core composition; and face 

grade. Multilayered wood flooring 

included within the definition of subject 

merchandise may be unfinished (i.e., 

without a finally finished surface to 

protect the face veneer from wear and 

tear) or ‘‘prefinished’’ (i.e., a coating 

applied to the face veneer, including, 

but not exclusively, oil or oil-modified 

or water-based polyurethanes, 

ultraviolet light cured polyurethanes, 

wax, epoxy-ester finishes, moisturecured urethanes and acid-curing 

formaldehyde finishes). The veneers 

may be also soaked in an acrylicimpregnated finish. All multilayered 

wood flooring is included within the 

definition of subject merchandise 

regardless of whether the face (or back) 

of the product is smooth, wire brushed, 

distressed by any method or multiple 

methods, or hand-scraped. In addition, 

all multilayered wood flooring is 

included within the definition of subject 

merchandise regardless of whether or 

not it is manufactured with any 

interlocking or connecting mechanism 

(for example, tongue-and-groove 

construction or locking joints). All 

multilayered wood flooring is included 

within the definition of the subject 

merchandise regardless of whether the 

product meets a particular industry or 

similar standard. 

The core of multilayered wood 

flooring may be composed of a range of 

materials, including but not limited to 

hardwood or softwood veneer, 

particleboard, medium-density 

fiberboard, high-density fiberboard 

(HDF), stone and/or plastic composite, 

or strips of lumber placed edge-to-edge. 

Multilayered wood flooring products 

generally, but not exclusively, may be in 

the form of a strip, plank, or other 

geometrical patterns (e.g., circular, 

hexagonal). All multilayered wood 

flooring products are included within 

this definition regardless of the actual or 

nominal dimensions or form of the 

product. Specifically excluded from the 

scope are cork flooring and bamboo 

flooring, regardless of whether any of 

the sub-surface layers of either flooring 

are made from wood. Also excluded is 

laminate flooring. Laminate flooring 

consists of a top wear layer sheet not 

made of wood, a decorative paper layer, 

a core-layer of HDF, and a stabilizing 

bottom layer. 

Imports of the subject merchandise 

are provided for under the following 

subheadings of the Harmonized Tariff 

Schedule of the United States (HTSUS): 

4412.31.0520; 4412.31.0540; 

4412.31.0560; 4412.31.2510; 

4412.31.2520; 4412.31.4040; 

4412.31.4050; 4412.31.4060; 

4412.31.4070; 4412.31.4075; 

4412.31.4080; 4412.31.5125; 

4412.31.5135; 4412.31.5155; 

4412.31.5165; 4412.31.6000; 

4412.31.9100; 4412.32.0520; 

4412.32.0540; 4412.32.0560; 

4412.32.0565; 4412.32.0570; 

4412.32.2510; 4412.32.2520; 

4412.32.2525; 4412.32.2530; 

4412.32.3125; 4412.32.3135; 

4412.32.3155; 4412.32.3165; 

4412.32.3175; 4412.32.3185; 

4412.32.5600; 4412.39.1000; 

4412.39.3000; 4412.39.4011; 

4412.39.4012; 4412.39.4019; 

4412.39.4031; 4412.39.4032; 

4412.39.4039; 4412.39.4051; 

4412.39.4052; 4412.39.4059; 

4412.39.4061; 4412.39.4062; 

4412.39.4069; 4412.39.5010; 

4412.39.5030; 4412.39.5050; 

4412.94.1030; 4412.94.1050; 

4412.94.3105; 4412.94.3111; 

4412.94.3121; 4412.94.3131; 

4412.94.3141; 4412.94.3160; 

4412.94.3171; 4412.94.4100; 

4412.94.5100; 4412.94.6000; 

4412.94.7000; 4412.94.8000; 

4412.94.9000; 4412.94.9500; 

4412.99.0600; 4412.99.1020; 

4412.99.1030; 4412.99.1040; 

4412.99.3110; 4412.99.3120; 

4412.99.3130; 4412.99.3140; 

4412.99.3150; 4412.99.3160; 

4412.99.3170; 4412.99.4100; 

4412.99.5100; 4412.99.5105; 

4412.99.5115; 4412.99.5710; 

4412.99.6000; 4412.99.7000; 

4412.99.8000; 4412.99.9000; 

4412.99.9500; 4418.71.2000; 

4418.71.9000; 4418.72.2000; 

4418.72.9500; and 9801.00.2500. 

While HTSUS subheadings are 

provided for convenience and customs 

purposes, the written description of the 

subject merchandise 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 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 these Orders on 

multilayered wood flooring 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 these 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, Commerce 

intends to initiate the next five-year 

review of these Orders not later than 30 

days prior to the fifth anniversary of the 

effective date of continuation. 

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 21, 2017. 

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. 

[FR Doc. 2017–28202 Filed 1–2–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Adminstration 

[A–441–801] 

Certain Cold-Drawn Mechanical Tubing 

of Carbon and Alloy Steel From 

Switzerland: Amended Preliminary 

Determination of Sales at Less Than 

Fair Value 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) is amending the 

preliminary determination of sales at 

less than fair value (LTFV) in the 

antidumping duty investigation of 

certain cold-drawn mechanical tubing of 

carbon and alloy steel (cold-drawn 

mechanical tubing) from Switzerland to 

correct significant ministerial errors 

alleged by each of the mandatory 

respondents in this proceeding. 

DATES: Applicable January 3, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Laurel LaCivita, AD/CVD Operations, 

Office III, and Amanda Brings, AD/CVD 

Operations, Office V, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–4243 or (202) 482–3927, 

respectively. 

SUPPLEMENTARY INFORMATION: 


sradovich on DSK3GMQ082PROD with NOTICES
346 Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices 

1See Cold-Drawn Mechanical Tubing from 

Switzerland: Preliminary Affirmative Determination 

of Sales at Less Than Fair Value and Postponement 

of Final Determination, and Extension of 

Provisional Measures, 82 FR 55571 (November 22, 

2017) (Preliminary Determination). 

2See Benteler Rothrist’s letter, ‘‘Antidumping 

Duty Investigation of Certain Cold-Drawn 

Mechanical Tubing of Carbon and Alloy Steel from 

Switzerland: Ministerial Error Comments for the 

Preliminary Determination,’’ dated November 22, 

2017 (‘‘Benteler Rothrist’s Ministerial Error 

Allegation’’); and Mubea’s letter, ‘‘Antidumping 

Investigation of Certain Cold-Drawn Mechanical 

Tubing from Switzerland: Resubmitted Ministerial 

Error Comments for the Preliminary 

Determination,’’ December 7, 2017 (Mubea’s 

Ministerial Error Allegation). 

3See Commerce’s Memorandum, ‘‘Certain ColdDrawn Mechanical Tubing of Carbon and Alloy 

Steel from the Federal Republic of Germany, India, 

Italy, the Republic of Korea, the People’s Republic 

of China, and Switzerland: Scope Comments 

Decision Memorandum for the Final 

Determinations,’’ dated December 4, 2017. 

4See section 735(e) of the Act. 

5See 19 CFR 351.224(g). 

6See the ‘‘Amended Preliminary Determination’’ 

section below. 

7See the Commerce’s memorandum, 

‘‘Antidumping Duty Investigation of Certain ColdDrawn Mechanical Tubing of Carbon and Alloy 

Steel from Switzerland: Ministerial Error 

Allegations in the Preliminary Determination,’’ 

dated concurrently with this notice. 

8 Id. 

9 Id. See also memorandum to the file, ‘‘Certain 

Cold-Drawn Mechanical Tubing of Carbon and 

Alloy Steel from Switzerland: Calculation of the 

All-Others Rate in the Amended Preliminary 

Determination,’’ dated concurrently with this 

notice; memorandum to the file, ‘‘Analysis 

Memorandum for the Amended Preliminary 

Determination of the Antidumping Duty 

Investigation of Certain Cold-Drawn Mechanical 

Tubing of Carbon and Alloy Steel (Cold-Drawn 

Mechanical Tubing) from Switzerland: Benteler 

Rothrist AG,’’ dated concurrently with this 

memorandum; and memorandum to the file, 

‘‘Analysis Memorandum for the Amended 

Preliminary Determination of the Antidumping 

Duty Investigation of Certain Cold-Drawn 

Mechanical Tubing of Carbon and Alloy Steel 

(Cold-Drawn Mechanical Tubing) from Switzerland: 

Mubea Pra ̈zisionsstahlrohr AG (MPST) and Mubea 

Inc. (collectively, Mubea),’’ dated concurrently with 

this memorandum. 

Background 

On November 22, 2017, Commerce 

published in the Federal Register the 

Preliminary Determination that colddrawn mechanical tubing from 

Switzerland is being, or is likely to be, 

sold in the United States at LTFV, as 

provided in section 733 of the Tariff Act 

of 1930, as amended (Act).1 On 

November 22, 2017, and December 7, 

2017, Benteler Rothrist AG (Benteler 

Rothrist) and Mubea Pra ̈zisionsstahlrohr 

AG and Mubea Inc. (collectively, 

Mubea), respectively, alleged that 

Commerce made significant ministerial 

errors in the Preliminary 

Determination.2

Period of Investigation 

The period of investigation (POI) is 

April 1, 2016, through March 31, 2017. 

Scope of Investigation 

The product covered by this 

investigation is cold-drawn mechanical 

tubing from Switzerland. Since the 

publication of the Preliminary 

Determination, Commerce has evaluated 

relevant comments on the scope of the 

investigation and issued its Final Scope 

Determination.3 For a complete 

description of the final scope of this 

investigation, see Appendix. 

Analysis of Significant Ministerial 

Error Allegations 

Commerce will analyze any 

comments received and, if appropriate, 

correct any significant ministerial error 

by amending the preliminary 

determination according to 19 CFR 

351.351.224(e). A ministerial error is 

defined in 19 CFR 351.224(f) as ‘‘an 

error in addition, subtraction, or other 

arithmetic function, clerical error 

resulting from inaccurate copying, 

duplication, or the like, and any other 

similar type of unintentional error 

which the Secretary considers 

ministerial.’’ 4 A significant ministerial 

error is defined as a ministerial error, 

the correction of which, singly or in 

combination with other errors, would 

result in: (1) A change of at least five 

absolute percentage points in, but not 

less than 25 percent of, the weightedaverage dumping margin calculated in 

the original (erroneous) preliminary 

determination; or (2) a difference 

between a weighted-average dumping 

margin of zero or de minimis and a 

weighted-average dumping margin of 

greater than de minimis or vice versa.5

As a result of this amended preliminary 

determination, we have revised the 

margins applicable to Benteler Rothrist, 

Mubea and all others.6

Commerce reviewed the record with 

respect to the respondents’ claims.7

Though we determine that Benteler 

Rothrist’s allegation regarding the 

inclusion of sample sales in the U.S. 

and third country databases represents a 

methodological disagreement rather 

than a clerical error, we agree that all 

other alleged errors constitute 

unintentional errors consistent with the 

definition of ministerial errors in 19 

CFR 351.224(f).8 Pursuant to 19 CFR 

351.224(g)(2), these errors are significant 

because their correction results in a 

change of at least five absolute 

percentage points in, but not less than 

25 percent of, the weighted-average 

dumping margin calculated in the 

original preliminary determination (i.e., 

a decrease in the weighted-average 

dumping margin from 34.15 percent to 

23.33 percent for Benteler Rothrist, and 

from 68.59 percent to 36.48 percent for 

Mubea, and a decrease in the all-others 

rate from 36.17 to 24.10 percent).9

Therefore, we are correcting these errors 

and amending our preliminary 

determination accordingly. 

Amended Preliminary Determination 

As a result of this amended 

preliminary determination, we have 

revised the preliminary estimated 

weighted-average dumping margins as 

follows: 

Exporter/producer 

Estimated 

weightedaverage 

dumping 

margins 

(percent) 

Benteler Rothrist AG (Benteler 

Rothrist) ................................... 23.33 

Mubea Pra ̈zisionsstahlrohr AG 

(MPST) .................................... 36.48 

All Others .................................... 24.10 

Amended Cash Deposits and 

Suspension of Liquidation 

The collection of cash deposits and 

suspension of liquidation will be 

revised to the rates established in this 

amended preliminary determination, in 

accordance with section 733(d) and (f) 

of the Act and 19 CFR 351.224. Because 

the corrected margins are lower than the 

rates issued in the Preliminary 

Determination, the amended cash 

deposit rates will be effective 

retroactively to November 22, 2017, the 

date of publication of the Preliminary 

Determination. 

Disclosure 

We intend to disclose the calculations 

performed to parties in this proceeding 

within five days after publication of the 

notice of amended preliminary 

determination in the Federal Register in 

accordance with 19 CFR 351.224(b). 

International Trade Commission 

Notification 

In accordance with section 733(f) of 

the Act, we notified the International 

Trade Commission of our amended 

preliminary determination. 

This amended preliminary 

determination is issued and published 

in accordance with sections 733(f) and 

777(i)(1) of the Act and 19 CFR 

351.224(e). 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 2 / Wednesday, January 3, 2018 / Notices 347 

1See Certain Softwood Lumber Products From 

Canada: Final Affirmative Countervailing Duty 

Determination, and Final Negative Determination of 

Critical Circumstances, 82 FR 51814 (November 8, 

2017) (Final Determination). 

Dated: December 21, 2017. 

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 

Scope of the Investigation 

The scope of this investigation covers colddrawn mechanical tubing of carbon and alloy 

steel (cold-drawn mechanical tubing) of 

circular cross-section, 304.8 mm or more in 

length, in actual outside diameters less than 

331mm, and regardless of wall thickness, 

surface finish, end finish or industry 

specification. The subject cold-drawn 

mechanical tubing is a tubular product with 

a circular cross-sectional shape that has been 

cold-drawn or otherwise cold-finished after 

the initial tube formation in a manner that 

involves a change in the diameter or wall 

thickness of the tubing, or both. The subject 

cold-drawn mechanical tubing may be 

produced from either welded (e.g., electric 

resistance welded, continuous welded, etc.) 

or seamless (e.g., pierced, pilgered or 

extruded, etc.) carbon or alloy steel tubular 

products. It may also be heat treated after 

cold working. Such heat treatments may 

include, but are not limited to, annealing, 

normalizing, quenching and tempering, stress 

relieving or finish annealing. Typical colddrawing methods for subject merchandise 

include, but are not limited to, drawing over 

mandrel, rod drawing, plug drawing, sink 

drawing and similar processes that involve 

reducing the outside diameter of the tubing 

with a die or similar device, whether or not 

controlling the inside diameter of the tubing 

with an internal support device such as a 

mandrel, rod, plug or similar device. Other 

cold-finishing operations that may be used to 

produce subject merchandise include coldrolling and cold-sizing the tubing. 

Subject cold-drawn mechanical tubing is 

typically certified to meet industry 

specifications for cold-drawn tubing 

including but not limited to: 

(1) American Society for Testing and 

Materials (ASTM) or American Society of 

Mechanical Engineers (ASME) specifications 

ASTM A–512, ASTM A–513 Type 3 (ASME 

SA513 Type 3), ASTM A–513 Type 4 (ASME 

SA513 Type 4), ASTM A–513 Type 5 (ASME 

SA513 Type 5), ASTM A–513 Type 6 (ASME 

SA513 Type 6), ASTM A–519 (cold-finished); 

(2) SAE International (Society of 

Automotive Engineers) specifications SAE 

J524, SAE J525, SAE J2833, SAE J2614, SAE 

J2467, SAE J2435, SAE J2613; 

(3) Aerospace Material Specification (AMS) 

AMS T–6736 (AMS 6736), AMS 6371, AMS 

5050, AMS 5075, AMS 5062, AMS 6360, 

AMS 6361, AMS 6362, AMS 6371, AMS 

6372, AMS 6374, AMS 6381, AMS 6415; 

(4) United States Military Standards (MIL) 

MIL–T–5066 and MIL–T–6736; 

(5) foreign standards equivalent to one of 

the previously listed ASTM, ASME, SAE, 

AMS or MIL specifications including but not 

limited to: 

(a) German Institute for Standardization 

(DIN) specifications DIN 2391–2, DIN 2393– 

2, DIN 2394–2); 

(b) European Standards (EN) EN 10305–1, 

EN 10305–2, EN 10305–4, EN 10305–6 and 

European national variations on those 

standards (e.g., British Standard (BS EN), 

Irish Standard (IS EN) and German Standard 

(DIN EN) variations, etc.); 

(c) Japanese Industrial Standard (JIS) JIS G 

3441 and JIS G 3445; and 

(6) proprietary standards that are based on 

one of the above-listed standards. 

The subject cold-drawn mechanical tubing 

may also be dual or multiple certified to 

more than one standard. Pipe that is multiple 

certified as cold-drawn mechanical tubing 

and to other specifications not covered by 

this scope, is also covered by the scope of 

this investigation when it meets the physical 

description set forth above. 

Steel products included in the scope of this 

investigation are products in which: (1) Iron 

predominates, by weight, over each of the 

other contained elements; and (2) the carbon 

content is 2 percent or less by weight. 

For purposes of this scope, the place of 

cold-drawing determines the country of 

origin of the subject merchandise. Subject 

merchandise that is subject to minor working 

in a third country that occurs after drawing 

in one of the subject countries including, but 

not limited to, heat treatment, cutting to 

length, straightening, nondestructive testing, 

deburring or chamfering, remains within the 

scope of this investigation. 

All products that meet the written physical 

description are within the scope of this 

investigation unless specifically excluded or 

covered by the scope of an existing order. 

Merchandise that meets the physical 

description of cold-drawn mechanical tubing 

above is within the scope of the investigation 

even if it is also dual or multiple certified to 

an otherwise excluded specification listed 

below. The following products are outside of, 

and/or specifically excluded from, the scope 

of this investigation: 

(1) Cold-drawn stainless steel tubing, 

containing 10.5 percent or more of chromium 

by weight and not more than 1.2 percent of 

carbon by weight; 

(2) products certified to one or more of the 

ASTM, ASME or American Petroleum 

Institute (API) specifications listed below: 

• ASTM A–53; 

• ASTM A–106; 

• ASTM A–179 (ASME SA 179); 

• ASTM A–192 (ASME SA 192); 

• ASTM A–209 (ASME SA 209); 

• ASTM A–210 (ASME SA 210); 

• ASTM A–213 (ASME SA 213); 

• ASTM A–334 (ASME SA 334); 

• ASTM A–423 (ASME SA 423); 

• ASTM A–498; 

• ASTM A–496 (ASME SA 496); 

• ASTM A–199; 

• ASTM A–500; 

• ASTM A–556; 

• ASTM A–565; 

• API 5L; and 

• API 5CT 

except that any cold-drawn tubing product 

certified to one of the above excluded 

specifications will not be excluded from the 

scope if it is also dual- or multiple-certified 

to any other specification that otherwise 

would fall within the scope of this 

investigation. 

The products subject to the investigation 

are currently classified in the Harmonized 

Tariff Schedule of the United States (HTSUS) 

under item numbers: 7304.31.3000, 

7304.31.6050, 7304.51.1000, 7304.51.5005, 

7304.51.5060, 7306.30.5015, 7306.30.5020, 

7306.50.5030. Subject merchandise may also 

enter under numbers 7306.30.1000 and 

7306.50.1000. The HTSUS subheadings 

above are provided for convenience and 

customs purposes only. The written 

description of the scope of the investigation 

is dispositive. 

[FR Doc. 2017–28405 Filed 1–2–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–122–858] 

Certain Softwood Lumber Products 

From Canada: Amended Final 

Affirmative Countervailing Duty 

Determination and Countervailing Duty 

Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on affirmative final 

determinations by the Department of 

Commerce (Commerce) and the 

International Trade Commission (ITC), 

Commerce is issuing a countervailing 

duty order on Certain Softwood Lumber 

Products (Softwood Lumber) from 

Canada. Also, Commerce is amending 

its final countervailing duty 

determination with respect to Softwood 

Lumber from Canada, to correct 

ministerial errors. 

DATES: January 3, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Nicholas Czajkowski and Kristen 

Johnson, AD/CVD Operations, Offices I 

and III, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: 202–482–1395 

and (202) 482–4793, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with sections 705(a), 

705(d), and 777(i)(1) of the Tariff Act of 

1930, as amended (the Act), and 19 CFR 

351.210(c), on November 8, 2017, 

Commerce published an affirmative 

final determination in the 

countervailing duty investigation of 

Softwood Lumber from Canada.1


sradovich on DSK3GMQ082PROD with NOTICES