Federal Register /Vol. 83, No. 34/Tuesday, February …

1 Federal Register / Vol. 83, No. 34 / tuesday , February 20, 2018 / Notices 7153. Dated: February 9, 2018 . , , , therefore, within the scope of the Order. James Maeder, , , , In particular, Commerce relied upon a Associate Deputy Assistant Secretary for , , , prior scope ruling pertaining to certain Antidumping and Countervailing Duty , and While the HTSUS subheadings mechanical tubing products produced Operations, performing the duties of Deputy by Productos Laminados de Monterrey, Assistant Secretary for Antidumping and are provided for convenience and customs purposes, the written description of the de , and Prolamsa, Inc. Countervailing Duty Operations. scope of these investigations is dispositive. (Prolamsa), which was conducted under Appendix [FR Doc.]

2 2018 03304 Filed 2 16 18; 8:45 am] 19 CFR (k)(2), and which Scope of the Investigations BILLING CODE 3510 DS P defined mechanical tubing'' as tubing that met a variety of physical, chemical, The merchandise covered by these investigations is welded carbon and alloy and mechanical characteristics, and was steel pipe, more than mm (16 inches) DEPARTMENT OF COMMERCE Commerce found that in nominal outside diameter (large diameter Maquilacero's tubing was not stenciled, welded pipe), regardless of wall thickness, International Trade Administration and, thus, was not mechanical length, surface finish, grade, end finish, or tubing.'' 4 Maquilacero challenged stenciling. Large diameter welded pipe may [A 201 805]. Commerce's final scope ruling before be used to transport oil, gas, slurry, steam, or other fluids, liquids, or gases.

3 It may also be Certain Circular Welded Non-Alloy the CIT. used for structural purposes, including, but Steel Pipe From Mexico: notice of On August 30, 2017, the Court not limited to, piling. Specifically, not Court Decision Not in Harmony With remanded the Maquilacero Scope included is large diameter welded pipe Final Scope Ruling and notice of Ruling to Specifically, the produced only to specifications of the Amended Final Scope Ruling Pursuant American Water Works Association (AWWA). Court held that Commerce did not to Court Decision properly consider how the mention of for water and sewage pipe. Large diameter welded pipe used to AGENCY: Enforcement and Compliance, stenciling came to be found in the ruling transport oil, gas, or natural gas liquids is International Trade Administration, excluding Prolamsa's pipe from the normally produced to the American Department of Commerce.

4 Order,'' particularly given that Petroleum Institute (API) specification 5L. SUMMARY: The Department of Commerce stenciling does not change the inherent Large diameter welded pipe may also be quality or the intended use of the (Commerce) is notifying the public that produced to American Society for Testing and Materials (ASTM) standards A500, A252, the Court of International Trade's (CIT product.'' 6 As such, the Court or A53, or other relevant domestic or the Court) final judgment in this case concluded that the imposition of a specifications, grades and/or standards. Large is not in harmony with Commerce's requirement {( , stenciling)} having diameter welded pipe can be produced to final scope ruling and is, therefore, nothing to do with the physical comparable foreign specifications, grades finding that certain black, circular characteristics of mechanical tubing and and/or standards or to proprietary tubing produced to ASTM A 513 that appeared in the Prolamsa Final specifications, grades and/or standards, or specifications by Maquilacero de Scope Ruling by chance { } was can be non-graded material.

5 All pipe meeting (Maquilacero) is not within the the physical description set forth above is unreasonable.'' 7 Thus, the Court found scope of the antidumping duty order on that Commerce's ruling unlawfully covered by the scope of these investigations, whether or not produced according to a circular welded non-alloy steel pipe expanded the scope of the Order to particular standard. from Mexico. include {Maquilacero}'s Subject merchandise also includes large DATES: Applicable Date: February 19, merchandise,'' 8 and remanded the Final diameter welded pipe that has been further 2018 . Scope Ruling to Commerce to (1) not processed in a third country, including but impose a stenciling requirement, and (2). not limited to coating, painting, notching, FOR FURTHER INFORMATION CONTACT: beveling, cutting, punching, welding, or any Mark Flessner, AD/CVD Operations, find that Maquilacero's tubing is other processing that would not otherwise Office VI, Enforcement and Compliance, excluded from the Order based on its remove the merchandise from the scope of International Trade Administration, analysis found on pages 6 9 of the Final the investigations if performed in the country Department of Commerce, 1401 Scope Ruling.

6 '' 9 In particular, the Court of manufacture of the in-scope large diameter Constitution Avenue NW, Washington, instructed Commerce to find plaintiff's welded pipe. DC 20230; telephone: (202) 482 6312. products are excluded from the Order Excluded from the scope are any products SUPPLEMENTARY INFORMATION: using the same analysis in the Final covered by the existing antidumping duty orders on welded line pipe from the Republic Scope Ruling and that is found in this Background opinion.'' 10. of Korea, welded line pipe from the Republic of Turkey, and welded ASTM A 312 On July 27, 2015, Commerce issued Pursuant to the Court's instructions, stainless steel pipe from Korea, as well as any the Maquilacero Scope Ruling,1 in Commerce issued the Final Remand products covered by the existing which it determined, under 19 CFR.

7 Countervailing duty order on welded line (k)(1), that 46 products pipe from Turkey. See Welded Line Pipe from Non-Alloy Steel Pipe from Korea, 57 FR 49453. produced by Maquilacero to (November 2, 1992) (the Order). the Republic of Korea and the Republic of specification A 513 did not meet the 3 See Memorandum, Final Scope Ruling on Turkey: Antidumping Duty Orders, 80 FR. 75056 (December 1, 2015); Welded ASTM A exclusion for mechanical tubing'' in Certain Black, Circular Tubing Produced to ASTM. the scope of the Order,2 and were, A 513 Specifications by Productos Laminados de 312 Stainless Steel Pipe from South Korea: Monterrey, de , and Prolamsa, Inc.,'' dated Antidumping Duty Order, 57 FR 62300. sradovich on DSK3 GMQ082 PROD with NOTICES.

8 January 12, 2015 (Prolamsa Final Scope Ruling). 1 See Memorandum, Final Scope Ruling on (December 30, 1992); and Welded Line Pipe 4 See Maquilacero Scope Ruling. from the Republic of Turkey: Countervailing Certain Black, Circular Tubing Produced to ASTM 5 See Maquilacero de v. United States, A 513 Specifications by Maquilacero de ,''. Duty Order, 80 FR 75054 (December 1, 2015). dated July 27, 2015 (Maquilacero Scope Ruling). Slip Op. 17 117, Court No. 15 00287 (CIT 2017). The large diameter welded pipe that is 2 See notice of Antidumping Duty Orders: Certain 6 See Maquilacero, Slip Op. 17 117, at 29. subject to these investigations is currently Circular Welded Non-Alloy Steel Pipe from Brazil, 7 See Maquilacero, Slip Op. 17 117, at 32.

9 Classifiable in the Harmonized Tariff the Republic of Korea (Korea), Mexico, and 8 Id., at 26. Schedule of the United States (HTSUS) under Venezuela and Amendment to Final Determination 9 See Maquilacero, Slip Op. 17 117, at 32 33. subheadings , , of Sales at Less Than Fair Value: Certain Welded 10 Id., at 33. VerDate Sep<11>2014 17:55 Feb 16, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\ 20 FEN1. 7154 Federal Register / Vol. 83, No. 34 / tuesday , February 20, 2018 / Notices Consistent with the Court's and/or countervailing duties, and to lift accompanied by countervailing duty instructions, Commerce found that the suspension of liquidation of such (CVD) Petitions concerning imports of 46 products included in Maquilacero's entries.

10 Welded pipe from China, India, Korea, scope ruling request are excluded from and Turkey. The petitioners are Notification to Interested Parties the Order, because those products meet domestic producers of welded all physical, chemical, and mechanical This notice is issued and published in Commerce exercised its discretion to properties of mechanical tubing, accordance with sections 516A(e)(1), toll all deadlines affected by the closure notwithstanding that the products are 751(a)(1), and 777(i)(1) of the Act. of the Federal Government from January not stenciled. On February 9, 2018 , the Dated: February 13, 2018 . 20 through 22, 2018 . If the new deadline Court sustained Commerce's Final Christian Marsh, falls on a non-business day, in Remand Results in their Deputy Assistant Secretary for Enforcement accordance with Commerce's practice, and Compliance, performing the non- the deadline will become the next Timken notice exclusive functions and duties of the business day.