[Federal Register Volume 83, Number 6 (Tuesday, January 9, 2018)]
[Notices]
[Pages 1021-1023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00187]


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DEPARTMENT OF COMMERCE

International Trade Adminstration

[A-533-873]


Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel 
From India: 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 its 
Preliminary Determination of the antidumping duty investigation of 
certain cold-drawn mechanical tubing of carbon and alloy steel 
(mechanical tubing) from India. We are correcting a ministerial error 
with respect to certain steel grades reported by one of the mandatory 
respondents, Goodluck India Limited. The period of investigation (POI) 
is April 1, 2016, through March 31, 2017.

DATES: Applicable January 9, 2018.

FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit and Omar Qureshi, 
AD/CVD Operations, Office V, Enforcement & Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC, 20230; telephone: (202) 482-
2593, or (202) 482-0987, respectively.

SUPPLEMENTAL INFORMATION: On November 22, 2017, Commerce published in 
the Federal Register the Preliminary Determination that mechanical 
tubing from India is being, or is likely to be, sold in the United 
States at less than fair value (LTFV), as provided in section 733 of 
the Tariff Act of 1930, as amended (the Act).\1\ On November 22, 2017, 
ArcelorMittal Tubular Products, Michigan Seamless Tube LLC, Plymouth 
Tube Co., USA, PTC Alliance Corp., Webco Industries, Inc. and Zekelman 
Industries, Inc. (collectively, the petitioners) filed timely 
allegations of ministerial errors contained in Commerce's Preliminary 
Determination.\2\ On November 27, 2017, Goodluck filed timely 
allegations of ministerial errors contained in Commerce's Preliminary 
Determination.\3\
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    \1\ See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy 
Steel from India: Preliminary Affirmative Determination of Sales at 
Less Than Fair Value, in Part, Postponement of Final Determination, 
and Extension of Provisional Measures, 82 FR 55567 (November 22, 
2017) and accompanying PDM (Preliminary Determination).
    \2\ See the petitioners' November 22, 2107 submission (the 
Petitioners' Ministerial Error Comments).
    \3\ See Goodluck's November 27, 2017 submission (Goodluck's 
Ministerial Error Comments).
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Scope of Investigation

    The product covered by this investigation is mechanical tubing from 
India. For a full description of the scope of this investigation, see 
the ``Scope of the Investigation,'' in the Appendix to this notice.

Significant Ministerial Error

    Pursuant to 19 CFR 351.224(e) and (g)(1), Commerce is amending the 
Preliminary Determination to reflect the correction of a significant 
ministerial error it made in the margin assigned to Goodluck, a 
mandatory respondent. A ministerial error is defined 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

[[Page 1022]]

less than 25 percent of, the weighted-average 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 applied an antidumping duty margin to Goodluck, 
as noted below in the ``Amended Preliminary Determination'' section.
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    \4\ See section 735(e) of the Act.
    \5\ See 19 CFR 351.224(g).
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Ministerial Error Allegations

    On November 22, 2017, the petitioners submitted a ministerial error 
allegation claiming that Commerce incorrectly reclassified certain 
grades of steel reported by Goodluck in the Preliminary 
Determination.\6\ Commerce reviewed the record and agrees that this 
constitutes a significant ministerial error within the meaning of 19 
CFR 351.224(g) and have recalculated Goodluck's dumping margin.\7\ This 
error was significant because Goodluck's margin increased from 0.00 
percent to 4.02 percent.\8\
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    \6\ See the Petitioners' Ministerial Error Comments.
    \7\ For more information, see the Memo to James Maeder, Senior 
Director performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, ``Antidumping Duty 
Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and 
Alloy Steel from India: Analysis of Ministerial Error Allegations,'' 
dated concurrently with this notice (Ministerial Error Memo).
    \8\ Id.
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    On November 27, 2017, Goodluck also submitted a ministerial error 
allegation claiming that Commerce incorrectly reclassified certain 
grades of steel reported by Goodluck in the Preliminary 
Determination.\9\ Commerce reviewed the record and does not find that 
this constitutes a ministerial error within the meaning of 19 CFR 
351.224(g) and have made no changes to the Preliminary Determination 
based on this allegation.\10\
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    \9\ See Goodluck's Ministerial Error Comments.
    \10\ See Ministerial Error Memo.
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Amended Preliminary Determination

    We are amending the Preliminary Determination of sales at LTFV for 
mechanical tubing from India to reflect the correction of a significant 
ministerial error made in the margin calculation for Goodluck. In 
addition, because the preliminary ``All-Others'' rate was based on the 
estimated weighted-average dumping margin calculated for Tube Products 
of India, Ltd., we are also amending the ``All-Others'' rate. We have 
calculated a simple margin for non-selected respondents using the 
average of the estimated weighted-average dumping margins of the two 
individually selected respondents, Goodluck and TPI.\11\ As a result of 
the correction of the ministerial error, the revised weighted-average 
dumping margins are as follows:
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    \11\ Commerce did not have updated publicly ranged U.S. sales 
value information for TPI. As a result, Commerce could not perform a 
weighted-average calculation for non-selected respondents for this 
amended preliminary determination.

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                                                                                     Estimated
                                                                                     weighted-     Cash deposit
                                                                                      average     rate (adjusted
                   Producer                                 Exporter                  dumping       for subsidy
                                                                                      margin        offset(s))
                                                                                     (percent)       (percent)
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Goodluck India Limited........................  Goodluck India Limited..........            4.02               0
Tube Products of India, Ltd. a unit of Tube     Tube Products of India, Ltd. a         \12\ 7.57            4.86
 Investments of India Limited (collectively      unit of Tube Investments of
 TPI).                                           India Limited (collectively
                                                 TPI).
All-Others....................................  ................................            5.80               0
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Amended Cash Deposits and Suspension of Liquidation
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    \12\ This rate has not changed from the Preliminary 
Determination.
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    The collection of cash deposits and suspension of liquidation will 
be revised according 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 Goodluck's rate is increasing from 
the Preliminary Determination, the amended cash deposit rates will be 
effective on the date of publication of this notice in the Federal 
Register. Because the correction of the error for Goodluck results in a 
reduced cash deposit rate for companies covered by the ``all others'' 
rate, the revised rate calculated for the ``all others'' rate will be 
effective retroactively to November 22, 2017, the date of publication 
of the Preliminary Determination.

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).

     Dated: January 3, 2018.
P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix

Scope of the Investigation

    The scope of this investigation covers cold-drawn 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 cold-drawing 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 cold-rolling 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

[[Page 1023]]

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 10305-3, 
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, 
nondestruction 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:
    <bullet> ASTM A-53;
    <bullet> ASTM A-106;
    <bullet> ASTM A-179 (ASME SA 179);
    <bullet> ASTM A-192 (ASME SA 192);
    <bullet> ASTM A-209 (ASME SA 209);
    <bullet> ASTM A-210 (ASME SA 210);
    <bullet> ASTM A-213 (ASME SA 213);
    <bullet> ASTM A-334 (ASME SA 334);
    <bullet> ASTM A-423 (ASME SA 423);
    <bullet> ASTM A-498;
    <bullet> ASTM A-496 (ASME SA 496);
    <bullet> ASTM A-199;
    <bullet> ASTM A-500;
    <bullet> ASTM A-556;
    <bullet> ASTM A-565;
    <bullet> API 5L; and
    <bullet> 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. 2018-00187 Filed 1-8-18; 8:45 am]
 BILLING CODE 3510-DS-P