[Federal Register Volume 79, Number 221 (Monday, November 17, 2014)]
[Notices]
[Pages 68408-68410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27165]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-850]


Certain Large Diameter Carbon and Alloy Seamless Standard, Line, 
and Pressure Pipe From Japan: Final Results of Antidumping Duty 
Administrative Review; 2012-2013

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

SUMMARY: On July 23, 2014, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on certain large diameter carbon and alloy 
seamless standard, line, and pressure pipe (over 4 \1/2\ inches) from 
Japan for the period of review (POR) of June 1, 2012 through May 31, 
2013. For these final results, we continue to find that Sumitomo Metal 
Industries, Ltd. (SMI) failed to cooperate to the best of its ability 
and, accordingly, the Department is applying AFA to SMI. In addition, 
we find that no shipments were made by JFE Steel Corporation (JFE), 
Nippon Steel Corporation (Nippon), and NKK Tubes (NKK) during the POR.

DATES: Effective Date: November 17, 2014.

FOR FURTHER INFORMATION CONTACT: Jennifer Meek, AD/CVD Operations, 
Office 1, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2778.

Background

    On July 23, 2014, the Department published the preliminary results 
of the

[[Page 68409]]

administrative review of the antidumping duty order on certain large 
diameter carbon and alloy seamless standard, line, and pressure pipe 
from Japan.\1\ We invited interested parties to comment on the 
Preliminary Results. We received no comments. The Department has 
conducted this administrative review in accordance with section 
751(a)(1) of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Certain Large Diameter Carbon and Alloy Seamless 
Standard, Line, and Pressure Pipe (Over 4\1/2\ Inches) from Japan: 
Preliminary Results of the Antidumping Duty Administrative Review; 
2012-2013, 79 FR 42762 (July 23, 2014) (Preliminary Results) and 
accompanying Preliminary Decision Memorandum.
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Scope of the Order

    The products covered by the order are large diameter seamless 
carbon and alloy (other than stainless) steel standard, line, and 
pressure pipes produced, or equivalent, to the American Society for 
Testing and Materials (ASTM) A-53, ASTM A-106, ASTM A-333, ASTM A- 334, 
ASTM A-589, ASTM A-795, and the American Petroleum Institute (API) 5L 
specifications and meeting the physical parameters described below, 
regardless of application. The scope of the order also includes all 
other products used in standard, line, or pressure pipe applications 
and meeting the physical parameters described below, regardless of 
specification, with the exception of the exclusions discussed below. 
Specifically included within the scope of the order are seamless pipes 
greater than 4.5 inches (114.3 mm) up to and including 16 inches (406.4 
mm) in outside diameter, regardless of wall-thickness, manufacturing 
process (hot finished or cold-drawn), end finish (plain end, beveled 
end, upset end, threaded, or threaded and coupled), or surface finish.
    The seamless pipes subject to the order are currently classifiable 
under the subheadings 7304.10.10.30, 7304.10.10.45, 7304.10.10.60, 
7304.10.50.50, 7304.19.10.30, 7304.19.10.45, 7304.19.10.60, 
7304.19.50.50, 7304.31.60.10, 7304.31.60.50, 7304.39.00.04, 
7304.39.00.06, 7304.39.00.08, 7304.39.00.36, 7304.39.00.40, 
7304.39.00.44, 7304.39.00.48, 7304.39.00.52, 7304.39.00.56, 
7304.39.00.62, 7304.39.00.68, 7304.39.00.72, 7304.51.50.15, 
7304.51.50.45, 7304.51.50.60, 7304.59.20.30, 7304.59.20.55, 
7304.59.20.60, 7304.59.20.70, 7304.59.60.00, 7304.59.80.30, 
7304.59.80.35, 7304.59.80.40, 7304.59.80.45, 7304.59.80.50, 
7304.59.80.55, 7304.59.80.60, 7304.59.80.65, and 7304.59.80.70 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
our written description of the merchandise subject to the scope is 
dispositive. A full description of the scope of the order is contained 
in the Preliminary Decision Memorandum.
    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 (IA ACCESS). 
IA ACCESS is available to registered users at http://iaaccess.trade.gov 
and is available to all parties in the Central Records Unit, room 7046 
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/.

Final Determination of No Shipments

    We have made no changes to our findings announced in the 
Preliminary Results. Consistent with our findings in the Preliminary 
Results,\2\ we find that JFE, Nippon, and NKK had no shipments during 
the POR.
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    \2\ See Preliminary Decision Memorandum at 5-10.
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Methodology

    Also consistent with the Preliminary Results,\3\ and in accordance 
with sections 776(a) and (b) of the Act, we relied on facts available 
with an adverse inference with respect to SMI. Thus, we assign a rate 
of 107.80 percent as the weighted-average dumping margin for SMI with 
respect to one of its entries, while we continue to find that SMI had 
no other shipments during the POR. For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum.
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    \3\ Id. at 7-10.
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Final Results of Review

    We determine that, for the period June 1, 2012, through May 31, 
2013, the following dumping margin exists for a certain entry for SMI:

------------------------------------------------------------------------
                        Company                          Rate  (percent)
------------------------------------------------------------------------
Sumitomo Metal Industries, Ltd.........................          107.80
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Cash-Deposit Requirements

    The following deposit requirements are effective for all shipments 
of the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the publication of the final results of this 
administrative review, as provided in section 751(a)(1) of the Act: (1) 
Cash-deposit rate for SMI will be that established in the final results 
of this review; (2) for previously reviewed or investigated companies 
not covered in this review, the cash-deposit rate will continue to be 
the rate published for the most recent period; (3) if the exporter is 
not a firm covered in this review, a prior review, or the less-than 
fair-value (LTFV) investigation but the manufacturer is, the cash-
deposit rate will be the rate established for the most recent period 
for the manufacturer of the subject merchandise; (4) if neither the 
exporter nor the manufacturer is a firm covered in this or any previous 
segment of the proceeding, the cash deposit rate will continue to be 
the all-others rate established in the LTFV investigation, which is 
68.88 percent.\4\ These cash-deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \4\ See Notice of Antidumping Duty Orders: Certain Large 
Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe 
from Japan; and Certain Small Diameter Carbon and Alloy Seamless 
Standard, Line and Pressure Pipe From Japan and the Republic of 
South Africa, 65 FR 39360 (June 26, 2000) (LTFV Investigation).
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Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, in accordance with 19 CFR 351.212. The Department intends to 
issue assessment instructions to CBP 15 days after the date of 
publication of these final results of this review.
    These final results of this review are the basis for the assessment 
of antidumping duties on entries of merchandise covered by this review 
and for future deposits of estimated duties, where applicable.\5\ Where 
assessments are based upon total facts available, including total AFA, 
we instruct CBP to assess duties at the AFA margin rate. The Department 
intends to instruct CBP to assess antidumping duties on the single POR 
entry of the subject merchandise produced or exported by SMI at the 
rate of 107.80 percent of the entered value.\6\
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    \5\ See section 751(a)(2)(C) of the Act.
    \6\ See 19 CFR 351.212(b)(1).
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    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\7\ This clarification will apply to all POR entries 
entered under the case numbers for JFE, Nippon, and

[[Page 68410]]

NKK, and certain entries entered under the case number for SMI for 
which we determined SMI demonstrated its certification of no POR 
shipments. We will instruct CBP to liquidate these entries at the all-
others rate established in the LTFV investigation, 68.88 percent,\8\ if 
there is no rate for the intermediary involved in the transaction. See 
Assessment Policy Notice for a full discussion of this clarification.
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    \7\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
    \8\ See LTFV Investigation.
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Notifications

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to the 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and the 
terms of an APO is a sanctionable violation.
    We are issuing and publishing these results and this notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: November 7, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-27165 Filed 11-14-14; 8:45 am]
BILLING CODE 3510-DS-P