[Federal Register Volume 79, Number 139 (Monday, July 21, 2014)]
[Notices]
[Pages 42289-42291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17206]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-815, A-549-830, A-552-816]
Welded Stainless Pressure Pipe From Malaysia, Thailand, and the
Socialist Republic of Vietnam: Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the International Trade Commission (the
ITC), the Department is issuing antidumping duty orders on welded
stainless pressure pipe (WSPP) from Malaysia, Thailand, and the
Socialist Republic of Vietnam (Vietnam).
DATES: Effective date: July 21, 2014.
FOR FURTHER INFORMATION CONTACT: Erin Kearney (Malaysia), or Brandon
Farlander/Trisha Tran (Thailand), or Lilit Astvatsatrian (Vietnam) 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-
0167 or (202) 482-0182/(202) 482-4852 or (202) 482-6412, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act) and 19 CFR 351.210(c), on May 30, 2014,
the Department published its affirmative final determinations of sales
at less-than-fair-value in the antidumping duty investigations of WSPP
from Malaysia, Thailand, and Vietnam, respectively.\1\ On July 14,
2014, the ITC notified the Department of its affirmative determinations
that an industry in the United States is materially injured within the
meaning of section 735(b)(1)(A)(i) of the Act by reason of less-than-
fair-value imports of WSPP from Malaysia, Thailand, and Vietnam.\2\ In
addition, the ITC notified the Department of its final determination
that critical circumstances do not exist with respect to imports of
subject merchandise from Malaysia that are subject to the Department's
affirmative critical circumstances finding.\3\
---------------------------------------------------------------------------
\1\ See 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, 79 FR
31090 (May 30, 2014); Welded Stainless Pressure Pipe From Thailand:
Final Determination of Sales at Less Than Fair Value, 79 FR 31093
(May 30, 2014); and Welded Stainless Pressure Pipe from the
Socialist Republic of Vietnam: Final Determination of Sales at Less
Than Fair Value, 79 FR 31092 (May 30, 2014).
\2\ See Welded Stainless Pressure Pipe from Malaysia, Thailand,
and Vietnam, USITC Investigation Nos. 731-TA-1210-1212 (Final),
USITC Publication 4477 (July 2014).
\3\ Id.
---------------------------------------------------------------------------
Scope of the Orders
The products covered by these orders are circular welded austenitic
stainless pressure pipe not greater than 14 inches in outside diameter.
For purposes of these orders, 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 these
investigations is dispositive.
Antidumping Duty Orders
As stated above, on July 14, 2014, in accordance with section
735(d) of the Act, the ITC notified the Department of its final
determinations in these investigations, in which it found material
injury with respect to WSPP from Malaysia, Thailand, and Vietnam.\4\
Because the ITC determined that imports of WSPP from Malaysia,
Thailand, and Vietnam are materially
[[Page 42290]]
injuring a U.S. industry, unliquidated entries of such merchandise from
Malaysia, Thailand, and Vietnam, entered or withdrawn from warehouse,
for consumption are subject to the assessment of antidumping duties.
---------------------------------------------------------------------------
\4\ Id.
---------------------------------------------------------------------------
Therefore, in accordance with section 736(a)(1) of the Act, the
Department will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by the Department, antidumping duties
equal to the amount by which the normal value of the merchandise
exceeds the export price (or constructed export price) of the
merchandise, for all relevant entries of WSPP from Malaysia, Thailand,
and Vietnam. These antidumping duties will be assessed on unliquidated
entries of WSPP from Malaysia, Thailand, and Vietnam entered, or
withdrawn from warehouse, for consumption on or after January 7, 2014,
the date of publication of the preliminary determinations,\5\ but will
not include entries occurring after the expiration of the provisional
measures period and before publication of the ITC's final injury
determination as further described below.
---------------------------------------------------------------------------
\5\ 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); Welded Stainless Pressure Pipe from Thailand: Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 79 FR 812 (January 7, 2014); Welded Stainless
Pressure Pipe from the Socialist Republic of Vietnam: Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 79 FR 806 (January 7, 2014).
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation on all entries of WSPP
from Malaysia, Thailand, and Vietnam. We will also instruct CBP to
require cash deposits equal to the amounts as indicated below. These
instructions suspending liquidation will remain in effect until further
notice.
Accordingly, effective on the date of publication of the ITC's
final affirmative injury determinations, CBP will require, at the same
time as importers would normally deposit estimated duties on this
subject merchandise, a cash deposit equal to the estimated weighted-
average antidumping duty margins listed below.\6\
---------------------------------------------------------------------------
\6\ See section 736(a)(3) of the Act.
---------------------------------------------------------------------------
Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. At the request of exporters that account for a significant
proportion of WSPP from Malaysia, Thailand, and Vietnam, we extended
the four-month period to no more than six months in each case.\7\ In
the underlying investigations, the Department published the preliminary
determinations on January 7, 2014. Therefore, the six-month period
beginning on the date of publication of the preliminary determinations
ended on July 6, 2014. Furthermore, section 737(b) of the Act states
that definitive duties are to begin on the date of publication of the
ITC's final injury determination.
---------------------------------------------------------------------------
\7\ See Submission from Superinox Pipe Industry Sdn. Bhd.,
``Welded Stainless Steel Pipe from Malaysia; Request to Extend the
Final Determination,'' dated November 18, 2013; see also Submission
from Thareus Co., Ltd. and Ametai Co., Ltd., ``Welded Stainless
Steel Pressure Pipe from Thailand: Request for Extension of Final
Determination,'' dated November 15, 2013; see also Submission from
Thai-German Products Public Company Limited, ``Welded Stainless
Steel Pipe from Thailand; Request to Extend the Final Determination
and to Extend the Deadline for TGP's Section D Response,'' dated
November 18, 2013; see also, Submission of SonHa International
Corporation, ``Sonha Request to Postpone Final Determination:
Antidumping Duty Investigation of Welded Stainless Pressure Pipe
from Vietnam (A-552-816),'' dated November 14, 2013.
---------------------------------------------------------------------------
Therefore, in accordance with section 733(d) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of WSPP from Malaysia, Thailand, and Vietnam
entered, or withdrawn from warehouse, for consumption after July 6,
2014, the date the provisional measures expired, until and through the
day preceding the date of publication of the ITC's final injury
determinations in the Federal Register. Suspension of liquidation will
resume on the date of publication of the ITC's final determination in
the Federal Register.
The weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted
average
Manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
Malaysia:
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
Thailand:
Ametai Co., Ltd./Thareus Co., Ltd...................... 24.01
Thai-German Products Public Company Limited............ 24.01
All Others............................................. 23.89
Vietnam:
Sonha International Corporation/Sonha International 16.25
Corporation...........................................
Mejonson Industrial Vietnam Co., Ltd./Mejonson 16.25
Industrial Vietnam Co., Ltd...........................
Vietnam-Wide Entity.................................... 16.25
------------------------------------------------------------------------
With regard to the ITC's negative critical circumstances
determination on imports of WSPP from Malaysia, we will instruct CBP to
lift suspension and to refund any cash deposit made to secure the
payment of estimated antidumping duties with respect to entries of the
merchandise entered, or withdrawn from warehouse, for consumption on or
after October 9, 2013, (i.e., 90 days prior to the date of publication
of the preliminary determination), but before January 7, 2014, the
publication date of the preliminary determination.
[[Page 42291]]
This notice constitutes the antidumping duty orders with respect to
WSPP from Malaysia, Thailand, and Vietnam pursuant to section 736(a) of
the Act. Interested parties can find a list of antidumping duty orders
currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with section 736(a) of the
Act and 19 CFR 351.211.
Dated: July 16, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-17206 Filed 7-18-14; 8:45 am]
BILLING CODE 3510-DS-P