[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Notices]
[Pages 46522-46524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21428]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-576-577 and 731-TA-1362-1367 (Final)]


Cold-Drawn Mechanical Tubing From China, Germany, India, Italy, 
Korea, and Switzerland; Scheduling of the Final Phase of Countervailing 
Duty and Antidumping Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-576-577 and 731-TA-1362-1367 (Final) pursuant to the Tariff Act 
of 1930 (``the Act'') to determine whether an industry in the United 
States is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of cold-drawn mechanical tubing from 
China, Germany, India, Italy, Korea, and Switzerland, provided for in 
subheadings 7304.31.30, 7304.31.60, 7304.51.10, 7304.51.50, 7306.30.50, 
and 7306.50.50 of the Harmonized Tariff Schedule of the United States, 
preliminarily determined by the Department of Commerce to be subsidized 
by the Governments of China and India. Determinations with respect to 
imports of cold-drawn mechanical tubing alleged to be sold at less than 
fair value are pending.

DATES: September 25, 2017.

FOR FURTHER INFORMATION CONTACT: Keysha Martinez (202-205-2136), Office 
of Investigations, U.S. International Trade Commission, 500 E Street 
SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Scope.--For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as cold-drawn mechanical 
tubing of carbon and alloy steel (cold-drawn mechanical tubing) of 
circular cross-section, in actual outside diameters less than 331 mm, 
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.
    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

[[Page 46523]]

(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, nondestruction 
testing, deburring or chamfering, remains within the scope of the 
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.
    Background.--The final phase of these investigations is being 
scheduled pursuant to section 705(b) of the Tariff Act of 1930 (19 
U.S.C. 1671d(b)), as a result of affirmative preliminary determinations 
by the Department of Commerce that certain benefits which constitute 
subsidies within the meaning of section 703 of the Act (19 U.S.C. 
1671b) are being provided to manufacturers, producers, or exporters in 
China and India of cold-drawn mechanical tubing. The investigations 
were requested in petitions filed on April 19, 2017, by ArcelorMittal 
Tubular Products, Shelby, Ohio; Michigan Seamless Tube, LLC, South 
Lyon, Michigan; PTC Alliance Corp., Wexford, Pennsylvania; Webco 
Industries, Inc., Sand Springs, Oklahoma; and Zekelman Industries, 
Inc., Farrell, Pennsylvania.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in section 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on November 
21, 2017, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final

[[Page 46524]]

phase of these investigations beginning at 9:30 a.m. on Wednesday, 
December 6, 2017, at the U.S. International Trade Commission Building. 
Requests to appear at the hearing should be filed in writing with the 
Secretary to the Commission on or before December 1, 2017. A nonparty 
who has testimony that may aid the Commission's deliberations may 
request permission to present a short statement at the hearing. All 
parties and nonparties desiring to appear at the hearing and make oral 
presentations should participate in a prehearing conference to be held 
on December 4, 2017, at the U.S. International Trade Commission 
Building, if deemed necessary. Oral testimony and written materials to 
be submitted at the public hearing are governed by sections 
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties 
must submit any request to present a portion of their hearing testimony 
in camera no later than 7 business days prior to the date of the 
hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of section 207.23 of the Commission's 
rules; the deadline for filing is November 29, 2017. Parties may also 
file written testimony in connection with their presentation at the 
hearing, as provided in section 207.24 of the Commission's rules, and 
posthearing briefs, which must conform with the provisions of section 
207.25 of the Commission's rules. The deadline for filing posthearing 
briefs is December 12, 2017. In addition, any person who has not 
entered an appearance as a party to the investigations may submit a 
written statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before December 12, 2017. On December 29, 2017, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before January 3, 2018, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commission's rules. All 
written submissions must conform with the provisions of section 201.8 
of the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of sections 201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's Handbook on E-Filing, 
available on the Commission's Web site at https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf, elaborates upon 
the Commission's rules with respect to electronic filing.
    Additional written submissions to the Commission, including 
requests pursuant to section 201.12 of the Commission's rules, shall 
not be accepted unless good cause is shown for accepting such 
submissions, or unless the submission is pursuant to a specific request 
by a Commissioner or Commission staff.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.
    Authority: These investigations are being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: September 29, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-21428 Filed 10-4-17; 8:45 am]
 BILLING CODE 7020-02-P