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Federal Register/Vol. 85, No. 88/Wednesday, May 6, 2020/Notices

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Federal Register/Vol. 85, No. 88/Wednesday, May 6, 2020/Notices Federal Register / Vol. 85, No. 88 / Wednesday, May 6, 2020 / Notices 26931 classifiable under subheadings give Commerce the authority to revoke issue being covered by the Orders.17 7305.31.4000, 7305.31.6090, an order in part based on changed There is no information on the record to 7305.39.1000, and 7305.39.5000 and circumstances when it concludes that contradict the domestic industry’s that otherwise meets the above scope the domestic producers accounting for claim. SeAH’s argument that the ITC language is also covered. While the substantially all of the production of the may have made a negative injury HTSUS subheadings are provided for domestic like product express a lack of determination if the products at issue convenience and customs purposes, the interest in part of the order.12 Finally, were not included in its cumulated written description of the scope of these the domestic producers argue that the injury analysis is immaterial to these Orders is dispositive. scope exclusion is extremely narrow CCRs. Therefore, for the reasons stated Final Results of CCRs and the merchandise at issue accounts in the Initiation and Preliminary for a very small portion of the U.S. Results, Commerce continues to find In its comments, SeAH argues that if market and is not produced in the that it is appropriate to revoke the Commerce modifies the scope of the United States. Therefore, LDWP from Orders, in part, with respect to certain Orders, it must do so with respect to all India, including that produced by the large diameter welded pipe products of the orders on large diameter welded Indian affiliate of one of the U.S. with specific combinations of grades, pipe from countries that resulted from producers, will still be subject to AD diameters and wall thicknesses, as the investigations that were included in and CVD duties in the vast majority of reflected in the ‘‘Scope of the Orders’’ the International Trade Commission’s the U.S. market.13 section of this notice. (ITC) cumulated injury analysis. Section 751(b) authorizes Commerce Notification to Interested Parties Specifically, in order to maintain the to modify the scopes of AD and CVD integrity of its proceedings, Commerce orders only for those orders in which we We are issuing this determination and must modify the scope of the orders on conduct a CCR.14 Further, 19 CFR publishing these final results and notice Canada, China, Greece, Korea, and 9 351.216(c) requires that ‘‘good cause’’ in accordance with sections 751(b)(1) Turkey in addition to the India orders. exists when it conducts a CCR within 24 and 777(i)(1) and (2) of the Act and 19 SeAH also argues that it is possible that months of the publication of a final CFR 351.216(e), 351.221(b), and the ITC might have made a negative determination of an investigation. In the 351.221(c)(3). injury determination for Canada, Korea Initiation and Preliminary Results, and Turkey if the imports of the Dated: April 30, 2020. Commerce found that ‘‘good cause’’ products at issue had not been Jeffrey I. Kessler, existed to initiate these CCRs.15 considered in its cumulative analysis. Assistant Secretary for Enforcement and Finally, SeAH also asserts that, in These CCRs pertain to the India large Compliance. diameter pipe orders. SeAH’s comments order to maintain the integrity of its [FR Doc. 2020–09678 Filed 5–5–20; 8:45 am] referencing the other large diameter proceedings, Commerce cannot allow BILLING CODE 3510–DS–P the domestic industry to select which of pipe orders are beyond the scope of the various AD and CVD orders will these CCRs. have an exclusion and which of the Further, with respect to SeAH’s DEPARTMENT OF COMMERCE orders will not. SeAH argues that one of argument that Commerce cannot allow the U.S. producers now seeks to exclude the domestic producers to select which International Trade Administration imports from a foreign affiliate whose of the countries covered by the orders AD and CVD cash deposit rates are will have an exclusion and which will Initiation of Antidumping and based on adverse facts available, but not not, Commerce has the authority to Countervailing Duty Administrative from other producers in other countries revoke an order in part based on Reviews covered by the petitions. The domestic changed circumstances if it concludes AGENCY: Enforcement and Compliance, industry’s request ‘‘raises serious that the domestic producers accounting for substantially all of the production of International Trade Administration, questions of unlawful anticompetitive Department of Commerce. intent.’’ 10 the domestic like product express a lack In its comments, the domestic of interest in part of the order.16 In these SUMMARY: The Department of Commerce industry argues that SeAH has no CCRs, the ten domestic producers which (Commerce) has received requests to evidence to support its claim that the requested the CCRs represent conduct administrative reviews of ITC may have made a different injury substantially all of the production of the various antidumping duty (AD) and determination had the products at issue domestic like product covered by these countervailing duty (CVD) orders and not been considered in the ITC’s Orders, and have stated that they are no findings with March anniversary dates. cumulated injury analysis. The longer interested in the merchandise at In accordance with Commerce’s domestic industry argues that whenever regulations, we are initiating those Commerce narrows the scope of an 12 Id. at 3. administrative reviews. 13 order, there is necessarily a product Id. at 3–4. DATES: Applicable May 6, 2020. removed from the scope that could have 14 See Carbon and Alloy Steel Wire Rod from the FOR FURTHER INFORMATION CONTACT: been considered by the ITC in its injury Republic of Korea: Final Results of Antidumping Duty Changed Circumstances Review, 84 FR 13888 analysis.11 The domestic industry Brenda E. Brown, AD/CVD Operations, (April 8, 2019) (Carbon and Alloy Steel Wire Rod Customs Liaison Unit, Enforcement and argues that the statute and regulations from Korea); see also Certain Steel Nails from the People’s Republic of China: Final Results of Compliance, International Trade 9 See SeAH Comments at 2 (citing Large Diameter Antidumping Duty Changed Circumstances Review, Administration, U.S. Department of Welded Pipe from China and India, Investigation 84 FR 49508 (September 20, 2019). Commerce, 1401 Constitution Avenue Nos. 701–TA–593 and 594 and 731–TA–1402 and 15 See Initiation and Preliminary Results, 84 FR NW, Washington, DC 20230, telephone: 1404 (Final), USITC Pub. 4859 (January 2019), and at 69357. (202) 482–4735. Large Diameter Welded Pipe from Canada, Greece, 16 See Carbon and Alloy Steel Wire Rod from Korea, and Turkey, Investigation Nos. 701–TA–595– Korea (2019); see also Crystalline Silicon 596 and 731–TA–1401, 1403, 1405–1406 (Final), Photovoltaic Cells, Whether or Not Assembled Into 17 See the Domestic Industry’s Letter, ‘‘Large USITC Pub. 4883 (April 2019)). Modules, From the People’s Republic of China: Diameter Welded Pipe from India: Petitioner’s 10 Id. at 4. Final Results of the Changed Circumstances Request for Changed Circumstances Review and 11 See Petitioners’ Rebuttal Comments at 3. Review, 81 FR 9427 (February 25, 2016). Partial Revocation,’’ dated October 18, 2019. VerDate Sep<11>2014 19:08 May 05, 2020 Jkt 250001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\06MYN1.SGM 06MYN1 26932 Federal Register / Vol. 85, No. 88 / Wednesday, May 6, 2020 / Notices SUPPLEMENTARY INFORMATION: general, Commerce has found that market situation (PMS) for purposes of determinations concerning whether constructed value under section 773(e) Background particular companies should be of the Act.2 Section 773(e) of the Act Commerce has received timely ‘‘collapsed’’ (e.g., treated as a single states that ‘‘if a particular market requests, in accordance with 19 CFR entity for purposes of calculating situation exists such that the cost of 351.213(b), for administrative reviews of antidumping duty rates) require a materials and fabrication or other various AD and CVD orders and substantial amount of detailed processing of any kind does not findings with March anniversary dates. information and analysis, which often accurately reflect the cost of production All deadlines for the submission of require follow-up questions and in the ordinary course of trade, the various types of information, analysis. Accordingly, Commerce will administering authority may use certifications, or comments or actions by not conduct collapsing analyses at the another calculation methodology under Commerce discussed below refer to the respondent selection phase of this this subtitle or any other calculation number of calendar days from the review and will not collapse companies methodology.’’ When an interested applicable starting time. at the respondent selection phase unless party submits a PMS allegation pursuant Notice of No Sales there has been a determination to to section 773(e) of the Act, Commerce collapse certain companies in a will respond to such a submission If a producer or exporter named in previous segment of this AD proceeding consistent with 19 CFR 351.301(c)(2)(v). this notice of initiation had no exports, (e.g., investigation, administrative If Commerce finds that a PMS exists sales, or entries during the period of review, new shipper review, or changed under section 773(e) of the Act, then it review (POR), it must notify Commerce circumstances review). For any will modify its dumping calculations within 30 days of publication of this company subject to this review, if appropriately. notice in the Federal Register. All Commerce determined, or continued to Neither section 773(e) of the Act nor submissions must be filed electronically treat, that company as collapsed with 19 CFR 351.301(c)(2)(v) set a deadline at https://access.trade.gov in accordance for the submission of PMS allegations 1 others, Commerce will assume that such with 19 CFR 351.303.
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