[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Notices]
[Pages 31090-31091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12586]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-815]
Welded Stainless Pressure Pipe From Malaysia: Final Determination
of Sales at Less Than Fair Value and Final Affirmative Determination of
Critical Circumstances, in Part; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') determines that
welded stainless pressure pipe (``WSPP'') from Malaysia is being, or is
likely to be, sold in the United States at less than fair value
(``LTFV''), as provided in section 735 of the Tariff Act of 1930, as
amended (``the Act''). The final weighted-average dumping margins of
sales at LTFV are shown in the ``Final Determination'' section of this
notice.
DATES: Effective Date: May 30, 2014.
FOR FURTHER INFORMATION CONTACT: Charles Riggle or Erin Kearney, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0650 or (202) 482-0167, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published its Preliminary Determination on January
7, 2014.\1\ On January 28, 2014, we received a case brief from Bristol
Metals, LLC, Felker Brothers Corp., and Outokumpu Stainless Pipe, Inc.
(``Petitioners'').\2\ We did not receive case or rebuttal briefs from
any other interested party.
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\1\ See Welded Stainless Pressure Pipe from Malaysia:
Preliminary Determination of Sales at Less Than Fair Value,
Affirmative Preliminary Determination of Critical Circumstances, in
Part, and Postponement of Final Determination, 79 FR 808 (January 7,
2014) (``Preliminary Determination'').
\2\ See submission from Petitioners, ``Welded Stainless Pressure
Pipe from Malaysia: Petitioners' Case Brief,'' dated January 28,
2014.
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Period of Investigation
The period of investigation (``POI'') is April 1, 2012, through
March 31, 2013.
Scope of the Investigation
The merchandise covered by this investigation is circular welded
austenitic stainless pressure pipe not greater than 14 inches in
outside diameter. For purposes of this investigation, references to
size are in nominal inches and include all products within tolerances
allowed by pipe specifications. This merchandise includes, but is not
limited to, the American Society for Testing and Materials (ASTM) A-312
or ASTM A-778 specifications, or comparable domestic or foreign
specifications. ASTM A-358 products are only included when they are
produced to meet ASTM A-312 or ASTM A-778 specifications, or comparable
domestic or foreign specifications.
Excluded from the scope are: (1) Welded stainless mechanical
tubing, meeting ASTM A-554 or comparable domestic or foreign
specifications; (2) boiler, heat exchanger, superheater, refining
furnace, feedwater heater, and condenser tubing, meeting ASTM A-249,
ASTM A-688 or comparable domestic or foreign specifications; and (3)
specialized tubing, meeting ASTM A269, ASTM A-270 or comparable
domestic or foreign specifications.
The subject imports are normally classified in subheadings
7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, and
7306.40.5085 of the Harmonized Tariff Schedule of the United States
(HTSUS). They may also enter under HTSUS subheadings 7306.40.1010,
7306.40.1015, 7306.40.5042, 7306.40.5044, 7306.40.5080, and
7306.40.5090. The HTSUS subheadings are provided for convenience and
customs purposes only; the written description of the scope of this
investigation is dispositive.
Verification
The Department did not verify any of the three mandatory
respondents in this investigation because all of the mandatory
respondents ceased participating in the investigation prior to issuance
of the Preliminary Determination.
Analysis of Comments Received
All issues raised in the case brief for this investigation are
addressed in the Issues and Decision Memorandum.\3\ A list of the
issues which parties raised and to which we responded in the Issues and
Decision Memorandum is attached to this notice as an Appendix. The
Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized
[[Page 31091]]
Electronic Service System (``IA ACCESS''). Access to 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 Issues and Decision Memorandum can be accessed directly at
http://enforcement.trade.gov/frn. The paper copy and electronic version
of the Issues and Decision Memorandum are identical in content.
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\3\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Issues and Decision Memorandum for the Final Determination in the
Antidumping Duty Investigation of Welded Stainless Pressure Pipe
from Malaysia,'' dated May 22, 2014 (``Issues and Decision
Memorandum'').
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Final Determination
For the final determination, we made no changes to the Preliminary
Determination. Therefore, we continue to determine that the following
margins exist for the following entities for the POI:
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Weighted-average
Exporter or producer dumping margin
(percent)
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Superinox Pipe Industry Sdn. Bhd./Superinox 167.11
International Sdn. Bhd.............................
Kanzen Tetsu Sdn. Bhd............................... 167.11
Pantech Stainless & Alloy Industries Sdn. Bhd....... 167.11
All Others.......................................... 22.70
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Critical Circumstances
We made no changes to our critical circumstances analysis announced
in the Preliminary Determination.\4\ Thus, pursuant to section
735(a)(3) of the Act, we continue to find that critical circumstances
exist with respect to imports of WSPP from Malaysia from mandatory
respondents Kanzen Tetsu Sdn. Bhd. (``Kanzen''), Pantech Stainless &
Alloy Industries Sdn. Bhd. (``Pantech''), and Superinox Pipe Industry
Sdn. Bhd./Superinox International Sdn. Bhd. (``Superinox''). We
continue to find that critical circumstances do not exist with respect
to imports of WSPP from exporters or producers in the ``all others''
group.
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\4\ Preliminary Determination, 79 FR at 810.
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Disclosure
We disclosed the calculations used to determine the adverse facts
available rate in the Preliminary Determination to parties in this
proceeding, and we made no changes since the Preliminary Determination.
Thus, no additional disclosure of calculations is necessary.
Continuation of Suspension of Liquidation
As noted above, the Department found that critical circumstances
exist with respect to imports of the merchandise under consideration
from Superinox, Kanzen, and Pantech. Therefore, in accordance with
section 735(c)(4) of the Act, we will instruct U.S. Customs and Border
Protection (``CBP'') to continue to suspend liquidation of all entries
of WSPP from Malaysia from Superinox, Kanzen, and Pantech that were
entered, or withdrawn from warehouse, for consumption on or after the
date 90 days prior to publication of the Preliminary Determination in
the Federal Register and require a cash deposit for such entries as
noted below. Because we did not find that critical circumstances exist
with respect to exporters or producers in the ``all others'' group, in
accordance with section 735(c)(1) of the Act, we will instruct CBP to
continue to suspend liquidation of all other entries of WSPP from
Malaysia entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the Preliminary Determination in the
Federal Register. These suspension of liquidation instructions will
remain in effect until further notice.
Pursuant to section 735(c)(1) of the Act and 19 CFR 351.210(d), the
Department will instruct CBP to require cash deposits \5\ equal to the
weighted-average dumping margins indicated in the table above. These
cash deposit instructions will remain in effect until further notice.
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\5\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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International Trade Commission (``ITC'') Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of our final affirmative determination of sales at LTFV. Because
the final determination in this proceeding is affirmative, in
accordance with section 735(b)(2) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports of WSPP from Malaysia no later than 45 days after our
final determination. If the ITC determines that material injury or
threat of material injury does not exist, the proceeding will be
terminated and all securities posted will be refunded or canceled. If
the ITC determines that such injury does exist, the Department will
issue an antidumping duty order directing CBP to assess antidumping
duties on all imports of the merchandise under investigation entered,
or withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative Protective Orders (``APO'')
This notice also serves as a reminder to the parties subject to APO
of their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR 351.305.
Timely written notification of return or 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.
This determination and notice are issued and published in
accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR
351.210(c).
Dated: May 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Discussion of the Issues
Comment 1: Determination of the All Others Rate
V. Recommendation
[FR Doc. 2014-12586 Filed 5-29-14; 8:45 am]
BILLING CODE 3510-DS-P