82 FR 37048 - Cast Iron Soil Pipe Fittings From the People's Republic of China: Initiation of Countervailing Duty Investigation
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 151 (August 8, 2017)
International Trade Administration
Federal Register Volume 82, Issue 151 (August 8, 2017)
| Page Range | 37048-37052 | |
| FR Document | 2017-16771 |
[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)] [Notices] [Pages 37048-37052] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16771] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-063] Cast Iron Soil Pipe Fittings From the People's Republic of China: Initiation of Countervailing Duty Investigation AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable August 2, 2017. FOR FURTHER INFORMATION CONTACT: Dennis McClure at (202) 482-5973, AD/ CVD Operations, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: The Petition On July 13, 2017, the Department of Commerce (the Department) received a countervailing duty (CVD) petition concerning imports of cast iron soil pipe fittings (soil pipe fittings) from the People's Republic of China (PRC), filed in proper form, on behalf of the Cast Iron Soil Pipe Institute (the petitioner).\1\ The petitioner is a trade association, whose members are all domestic producers of soil pipe fittings.\2\ The CVD petition was accompanied by an antidumping duty (AD) petition for soil pipe fittings from the PRC.\3\ --------------------------------------------------------------------------- \1\ See Letter to the Secretary of Commerce from the petitioner re: Cast Iron Pipe Fittings from the People's Republic of China-- Petition for the Imposition of Antidumping and Countervailing Duties, dated July 13, 2017 (the Petition). \2\ See Volume I of the Petition, at 2. The individual members of the Cast Iron Soil Pipe Institute are AB&I Foundry, Charlotte Pipe & Foundry, and Tyler Pipe. \3\ See Volume II of the Petition. --------------------------------------------------------------------------- On July 17, 2017, the petitioner filed an amendment to Volume I of the Petition.\4\ On July 18, 2017, the Department requested additional information and clarification of certain areas of the Petition.\5\ The petitioner filed responses to these requests on July 20, 2017.\6\ --------------------------------------------------------------------------- \4\ See Letter from the petitioner, ``Amendment to Petitions for the Imposition of Antidumping and Countervailing Duties: Cast Iron Soil Pipe Fittings from the People's Republic of China,'' dated July 17, 2017 (Petition Amendment). \5\ See Letters from the Department, ``Petition for the Imposition of Antidumping Duties on Imports of Cast Iron Soil Pipe Fittings from the People's Republic of China: Supplemental Questions,'' dated July 18, 2017, and ``Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Cast Iron Soil Pipe Fittings from the People's Republic of China: Supplemental Questions,'' dated July 18, 2017. \6\ See Letters from the petitioner ``Cast Iron Soil Pipe Fittings from the People's Republic of China: Response to Supplemental Questions--General Issues,'' dated July 20, 2017 (General Issues Supplement), and ``Cast Iron Pipe Fittings from the People's Republic of China--Petitioner's Response to Supplemental Questionnaire Concerning Volume III,'' dated July 20, 2017 (CVD Supplement). --------------------------------------------------------------------------- [[Page 37049]] In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that the Government of the PRC (GOC) is providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, with respect to imports of soil pipe fittings from the PRC, and that, such imports are materially injuring, or threatening material injury to, an industry in the United States. Also, consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating a CVD investigation, the Petition is accompanied by information reasonably available to the petitioner supporting its allegations. The Department finds that the petitioner filed the Petition on behalf of the domestic industry because the petitioner is an interested party as defined in section 771(9)(E) of the Act. The Department also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the CVD investigation that the petitioner is requesting.\7\ --------------------------------------------------------------------------- \7\ See ``Determination of Industry Support for the Petition'' section, below. --------------------------------------------------------------------------- Period of Investigation Because the Petition was filed on July 13, 2017, pursuant to 19 CFR 351.204(b)(2), the period of investigation is January 1, 2016, through December 31, 2016.\8\ --------------------------------------------------------------------------- \8\ See 19 CFR 351.204(b)(2). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is soil pipe fittings from the PRC. For a full description of the scope of this investigation, see the ``Scope of the Investigation,'' in the Appendix to this notice. Comments on Scope of the Investigation During our review of the Petition, we discussed with the petitioner the language pertaining to the proposed scope to ensure that the scope language in the Petition would be an accurate reflection of the products for which the domestic industry is seeking relief.\9\ On July 20, 2017, the petitioner filed a revision to the scope language.\10\ --------------------------------------------------------------------------- \9\ See Memorandum, ``Antidumping Duty Investigation of Cast Iron Soil Pipe Fittings from the People's Republic of China: Telephone Call with Petitioner, Re: Scope of the Investigation,'' dated July 18, 2017. \10\ See Letter to the Secretary of Commerce from the petitioner re: ``Cast Iron Pipe Fittings From the People's Republic of China: Response to Supplemental Questions--Scope,'' dated July 20, 2017. --------------------------------------------------------------------------- As discussed in the preamble to the Department's regulations,\11\ we are setting aside a period for interested parties to raise issues regarding product coverage (i.e., scope). The Department will consider all comments received from interested parties and, if necessary, will consult with the interested parties prior to the issuance of the preliminary determination. If scope comments include factual information,\12\ all such factual information should be limited to public information. In order to facilitate preparation of its questionnaire, the Department requests all interested parties to submit such comments by 5:00 p.m. Eastern Time (ET) on Tuesday, August 22, 2017, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on Friday, September 1, 2017, which is 10 calendar days from the deadline for initial comments.\13\ All such comments must be filed on the record of each of the concurrent AD and CVD investigations. --------------------------------------------------------------------------- \11\ See Antidumping Duties; Countervailing Duties: Final Rule, 62 FR 27296, 27323 (May 19, 1997). \12\ See 19 CFR 351.102(b)(21). \13\ See 19 CFR 351.303(b). --------------------------------------------------------------------------- The Department requests that any factual information the parties consider relevant to the scope of the investigation be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact the Department and request permission to submit the additional information. As stated above, all such comments must be filed on the record of each of the concurrent AD and CVD investigations. Filing Requirements All submissions to the Department must be filed electronically using Enforcement & Compliance's Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS).\14\ An electronically-filed document must be received successfully in its entirety by the time and date it is due. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement & Compliance's APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines. --------------------------------------------------------------------------- \14\ See 19 CFR 351.303 (for general filing requirements); see also Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011), for details of the Department's electronic filing requirements, which went into effect on August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf. --------------------------------------------------------------------------- Consultations Pursuant to section 702(b)(4)(A) of the Act, the Department notified representatives of the GOC of the receipt of the Petition, and provided them the opportunity for consultations with respect to the CVD Petition.\15\ In response to the Department's invitation, the GOC filed comments concerning the Petition.\16\ The invitation letter and comments regarding the Petition are on file electronically via ACCESS. --------------------------------------------------------------------------- \15\ See Letter to the Embassy of the PRC from the Department, ``Countervailing Duty Petition on Cast Iron Soil Pipe Fittings from the People's Republic of China'' (July 24, 2017). \16\ See Letter to the Department from the Ministry of Commerce of the People's Republic of China, ``Comments Regarding Countervailing Duty Petition on Cast Iron Soil Pipe Fittings'' (August 1, 2017). --------------------------------------------------------------------------- Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ``industry.'' Section 771(4)(A) of the Act defines the ``industry'' as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The U.S. [[Page 37050]] International Trade Commission (ITC), which is responsible for determining whether ``the domestic industry'' has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product,\17\ they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.\18\ --------------------------------------------------------------------------- \17\ See section 771(10) of the Act. \18\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)). --------------------------------------------------------------------------- Section 771(10) of the Act defines the domestic like product as ``a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.'' Thus, the reference point from which the domestic like product analysis begins is ``the article subject to an investigation'' (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the Petition). With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the investigation. Based on our analysis of the information submitted on the record, we have determined that soil pipe fittings, as defined in the scope, constitute a single domestic like product, and we have analyzed industry support in terms of that domestic like product.\19\ --------------------------------------------------------------------------- \19\ For a discussion of the domestic like product analysis in this case, see Countervailing Duty Investigation Initiation Checklist: Cast Iron Soil Pipe Fittings from the People's Republic of China (CVD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Cast Iron Soil Pipe Fittings (Soil Pipe Fittings) from the People's Republic of China (Attachment II). This checklist is dated concurrently with this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building. --------------------------------------------------------------------------- In determining whether the petitioner has standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petition and the petitioner's subsequent submissions with reference to the domestic like product as defined in the ``Scope of the Investigation,'' in the Appendix to this notice. The petitioner provided the 2016 production of the domestic like product by its members.\20\ The petitioner states that its members are the only known producers of soil pipe fittings in the United States; therefore, the Petition is supported by 100 percent of the U.S. industry.\21\ --------------------------------------------------------------------------- \20\ See Letter from the petitioner, ``Amendment to Petitions for the Imposition of Antidumping and Countervailing Duties: Cast Iron Soil Pipe Fittings from the People's Republic of China,'' dated July 17, 2017 (Petition Amendment), at 2; see also General Issues Supplement, at 1. \21\ See Petition, at 2; see also General Issues Supplement, at 1 and Exhibit 2. --------------------------------------------------------------------------- Our review of the data provided in the Petition, Petition Amendment, General Issues Supplement, and other information readily available to the Department indicates that the petitioner has established industry support for the Petition.\22\ First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, the Department is not required to take further action in order to evaluate industry support (e.g., polling).\23\ Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.\24\ Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.\25\ Accordingly, the Department determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act. --------------------------------------------------------------------------- \22\ See CVD Initiation Checklist, at Attachment II. \23\ See section 702(c)(4)(D) of the Act; see also CVD Initiation Checklist, at Attachment II. \24\ See CVD Initiation Checklist, at Attachment II. \25\ Id. --------------------------------------------------------------------------- The Department finds that the petitioner filed the Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(E) of the Act, and it has demonstrated sufficient industry support with respect to the CVD investigation that it is requesting that the Department initiate.\26\ --------------------------------------------------------------------------- \26\ Id. --------------------------------------------------------------------------- Injury Test Because the PRC is a ``Subsidies Agreement Country'' within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from the PRC materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioner alleges that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.\27\ --------------------------------------------------------------------------- \27\ See Volume I of the Petition, at 11-12, General Issues Supplement, at 3 and Exhibit 3. --------------------------------------------------------------------------- The petitioner contends that the industry's injured condition is illustrated by reduced market share; underselling and price depression or suppression; lost sales and revenues; and negative impact on profit.\28\ We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.\29\ --------------------------------------------------------------------------- \28\ See Volume I of the Petition, at 9, 11-20 and Exhibits I-5 and I-7 through I-13; see also Petition Amendment, at 1-3; and General Issues Supplement, at 3 and Exhibit 3. \29\ See CVD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Cast Iron Soil Pipe Fittings from the People's Republic of China. --------------------------------------------------------------------------- Initiation of CVD Investigation Section 702(b)(1) of the Act requires the Department to initiate a CVD investigation whenever an interested party files a CVD petition on behalf of an industry that: (1) Alleges the elements necessary for an imposition of a duty under section 701(a) of the Act; and (2) is accompanied by information reasonably available to the petitioner supporting the allegations. The petitioner alleges that producers/exporters of soil pipe fittings in the PRC benefited from countervailable subsidies bestowed by the GOC. The Department examined the Petition and finds that it complies with the requirements of section 702(b)(1) of the Act. Therefore, in accordance with section 702(b)(1) of the Act, we are initiating a CVD investigation to determine whether manufacturers, producers, and/or exporters of soil pipe fittings from the PRC receive countervailable subsidies from the GOC. [[Page 37051]] Under the Trade Preferences Extension Act of 2015, numerous amendments to the AD and CVD laws were made.\30\ The 2015 law does not specify dates of application for those amendments. On August 6, 2015, the Department published an interpretative rule, in which it announced the applicability dates for each amendment to the Act, except for amendments contained in section 771(7) of the Act, which relate to determinations of material injury by the ITC.\31\ The amendments to sections 776 and 782 of the Act are applicable to all determinations made on or after August 6, 2015, and, therefore, apply to this CVD investigation.\32\ --------------------------------------------------------------------------- \30\ See Trade Preferences Extension Act of 2015, Public Law 114-27, 129 Stat. 362 (2015). \31\ See Dates of Application of Amendments to the Antidumping and Countervailing Duty Laws Made by the Trade Preferences Extension Act of 2015, 80 FR 46793 (August 6, 2015). The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl. \32\ Id., at 46794-95. --------------------------------------------------------------------------- Subsidy Allegations Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on 32 alleged programs.\33\ For a full discussion of the basis for our decision to initiate or not initiate on each program, see the CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. --------------------------------------------------------------------------- \33\ The petitioner originally filed allegations on 33 programs. However, on July 20, 2017, the petitioner withdrew its request that we initiate a CVD investigation on the ``Provision of Land in Industrial Zones for Less than Adequate Remuneration.'' See CVD Supplement at 10. --------------------------------------------------------------------------- In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination in this investigation no later than 65 days after the date of initiation. Respondent Selection The petitioner named numerous companies as producers/exporters of soil pipe fittings from the PRC. The Department intends to follow its standard practice in CVD investigations and calculate company-specific subsidy rates in this investigation. In the event the Department determines that the number of companies is large and it cannot individually examine each company based upon the Department's resources, where appropriate, the Department intends to select mandatory respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of soil pipe fittings from the PRC during the period of investigation under the appropriate Harmonized Tariff Schedule of the United States number listed in the ``Scope of the Investigation,'' in the Appendix. On July 21, 2017, the Department released CBP data under Administrative Protective Order (APO) to all parties with access to information protected by APO and indicated that interested parties wishing to comment regarding the CBP data and respondent selection must do so within three business days of the publication date of the notice of initiation of this CVD investigation.\34\ The Department will not accept rebuttal comments regarding the CBP data or respondent selection. --------------------------------------------------------------------------- \34\ See Memorandum, ``Cast Iron Soil Pipe Fittings from the People's Republic of China Countervailing Duty Petition: Release of Customs Data from U.S. Customs and Border Protection,'' dated July 21, 2017. --------------------------------------------------------------------------- Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on the Department's Web site at http://enforcement.trade.gov/apo. Comments for this investigation must be filed electronically using ACCESS. An electronically-filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, by 5:00 p.m. ET, by the date noted above. We intend to finalize our decision regarding respondent selection within 20 days of publication of this notice. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petition has been provided to the GOC via ACCESS. Because of the large number of producers/exporters identified in the Petition,\35\ the Department considers the service of the public version of the Petition to the foreign producers/exporters satisfied by delivery of the public version to the GOC, consistent with 19 CFR 351.203(c)(2). --------------------------------------------------------------------------- \35\ See Volume I of the Petition, at Exhibit I-4. --------------------------------------------------------------------------- ITC Notification We will notify the ITC of our initiation, as required by section 702(d) of the Act. Preliminary Determination by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of soil pipe fittings from the PRC are materially injuring, or threatening material injury to, a U.S. industry.\36\ A negative ITC determination will result in the investigation being terminated; \37\ otherwise, this investigation will proceed according to statutory and regulatory time limits. --------------------------------------------------------------------------- \36\ See section 703(a)(2) of the Act. \37\ See section 703(a)(1) of the Act. --------------------------------------------------------------------------- Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the Department; and (v) evidence other than factual information described in (i) through (iv). The regulation requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Parties are advised to review the regulations prior to submitting factual information in this investigation. Extension of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimely-filed requests for the extension [[Page 37052]] of time limits. Review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in this investigation. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.\38\ Parties must use the certification formats provided in 19 CFR 351.303(g).39 40 The Department intends to reject factual submissions if the submitting party does not comply with the applicable revised certification requirements. --------------------------------------------------------------------------- \38\ See section 782(b) of the Act. \39\ See also Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to frequently asked questions regarding the Final Rule are available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf. \40\ See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf. --------------------------------------------------------------------------- Notification to Interested Parties Interested parties must submit applications for disclosure under Administrative Protective Order (APO) in accordance with 19 CFR 351.305. On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to sections 702 and 777(i) of the Act. Dated: August 2, 2017. Carole Showers, Executive Director, Office of Policy performing the duties of the Deputy Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Investigation The merchandise covered by this investigation is cast iron soil pipe fittings, finished and unfinished, regardless of industry or proprietary specifications, and regardless of size. Cast iron soil pipe fittings are nonmalleable iron castings of various designs and sizes, including, but not limited to, bends, tees, wyes, traps, drains, and other common or special fittings, with or without side inlets. Cast iron soil pipe fittings are classified into two major types--hubless and hub and spigot. Hubless cast iron soil pipe fittings are manufactured without a hub, generally in compliance with Cast Iron Soil Pipe Institute (CISPI) specification 301 and/or American Society for Testing and Materials (ASTM) specification A888. Hub and spigot pipe fittings have hubs into which the spigot (plain end) of the pipe or fitting is inserted. Cast iron soil pipe fittings are generally distinguished from other types of nonmalleable cast iron fittings by the manner in which they are connected to cast iron soil pipe and other fittings. The subject imports are normally classified in subheading 7307.11.0045 of the Harmonized Tariff Schedule of the United States (HTSUS): Cast fittings of nonmalleable cast iron for cast iron soil pipe. The HTSUS subheading and specifications are provided for convenience and customs purposes only; the written description of the scope of this investigation is dispositive. [FR Doc. 2017-16771 Filed 8-7-17; 8:45 am] BILLING CODE 3510-DS-P
![37048 Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices
DEPARTMENT OF COMMERCE unless it finds compelling reasons to DEPARTMENT OF COMMERCE
deny the request.
International Trade Administration On July 26, 2017, the petitioners 2 International Trade Administration
[C–533–876, C–570–061] submitted a timely request that the [C–570–063]
Department postpone the preliminary
Fine Denier Polyester Staple Fiber CVD determinations.3 The petitioners Cast Iron Soil Pipe Fittings From the
From the People’s Republic of China state that they request postponement of People’s Republic of China: Initiation
and India: Postponement of the preliminary determinations because of Countervailing Duty Investigation
Preliminary Determinations in the the current deadline for initial
Countervailing Duty Investigations AGENCY: Enforcement and Compliance,
questionnaire responses is August 30, International Trade Administration,
AGENCY: Enforcement and Compliance, 2017, in the India investigation and Department of Commerce.
International Trade Administration, September 1, 2017, in the PRC DATES: Applicable August 2, 2017.
Department of Commerce. investigation. According to the
FOR FURTHER INFORMATION CONTACT:
DATES: Applicable August 8, 2017. petitioners, postponement of the
Dennis McClure at (202) 482–5973, AD/
FOR FURTHER INFORMATION CONTACT:
preliminary determination deadline in
CVD Operations, Enforcement &
Yasmin Bordas at (202) 482–3813 each case would allow sufficient time
Compliance, International Trade
(People’s Republic of China (PRC)); for the Department and interested Administration, U.S. Department of
Trisha Tran at (202) 482–4852 (India), parties to analyze questionnaire Commerce, 1401 Constitution Avenue
AD/CVD Operations, Enforcement and responses and permit the issuance of NW., Washington, DC 20230.
Compliance, International Trade supplemental questionnaires, if
SUPPLEMENTARY INFORMATION:
Administration, U.S. Department of necessary.
Commerce, 1401 Constitution Avenue In accordance with 19 CFR The Petition
NW., Washington, DC 20230. 351.205(e), the petitioners have stated On July 13, 2017, the Department of
SUPPLEMENTARY INFORMATION: the reasons for requesting a Commerce (the Department) received a
postponement of the preliminary countervailing duty (CVD) petition
Background determinations, and the Department concerning imports of cast iron soil pipe
On June 20, 2017, the Department of finds no compelling reason to deny the fittings (soil pipe fittings) from the
Commerce (the Department) initiated request. Therefore, in accordance with People’s Republic of China (PRC), filed
countervailing duty (CVD) section 703(c)(1)(A) of the Act, the in proper form, on behalf of the Cast
investigations of imports of fine denier Department is postponing the deadline Iron Soil Pipe Institute (the petitioner).1
polyester fiber (fine denier PSF) from for the preliminary determinations to no The petitioner is a trade association,
the PRC and India.1 Currently, the later than 130 days after the date on whose members are all domestic
preliminary determinations are due no which these investigations were producers of soil pipe fittings.2 The
later than August 24, 2017. initiated, i.e., October 30, 2017.4 CVD petition was accompanied by an
Pursuant to section 705(a)(1) of the Act antidumping duty (AD) petition for soil
Postponement of Preliminary
and 19 CFR 351.210(b)(1), the deadline pipe fittings from the PRC.3
Determinations
for the final determinations of these On July 17, 2017, the petitioner filed
Section 703(b)(1) of the Tariff Act of investigations will continue to be 75 an amendment to Volume I of the
1930, as amended (the Act), requires the days after the date of the preliminary Petition.4 On July 18, 2017, the
Department to issue the preliminary determinations. Department requested additional
determination in a countervailing duty information and clarification of certain
investigation within 65 days after the This notice is issued and published
pursuant to section 703(c)(2) of the Act areas of the Petition.5 The petitioner
date on which the Department initiated filed responses to these requests on July
the investigation. However, section and 19 CFR 351.205(f)(1).
20, 2017.6
703(c)(1) of the Act permits the Dated: August 2, 2017.
Department to postpone the preliminary Carole Showers, 1 See Letter to the Secretary of Commerce from
determination until no later than 130 the petitioner re: Cast Iron Pipe Fittings from the
Executive Director, Office of Policy, People’s Republic of China—Petition for the
days after the date on which the performing the duties of Deputy Assistant Imposition of Antidumping and Countervailing
Department initiated the investigation Secretary for Enforcement and Compliance. Duties, dated July 13, 2017 (the Petition).
if: (A) The petitioners makes a timely [FR Doc. 2017–16688 Filed 8–7–17; 8:45 am] 2 See Volume I of the Petition, at 2. The
request for a postponement; or (B) the individual members of the Cast Iron Soil Pipe
BILLING CODE 3510–DS–P Institute are AB&I Foundry, Charlotte Pipe &
Department concludes that the parties
Foundry, and Tyler Pipe.
concerned are cooperating, and 2 The petitioners are DAK Americas LLC, Nan Ya 3 See Volume II of the Petition.
determines that the investigation is Plastics Corporation, America, and Auriga Polymers 4 See Letter from the petitioner, ‘‘Amendment to
extraordinarily complicated, and that Inc. Petitions for the Imposition of Antidumping and
additional time is necessary to make a 3 Letter from the petitioners, ‘‘Fine Denier Countervailing Duties: Cast Iron Soil Pipe Fittings
preliminary determination. Under 19 Polyester Staple Fiber from the People’s Republic from the People’s Republic of China,’’ dated July 17,
of China and India—Petitioners’ Request for 2017 (Petition Amendment).
CFR 351.205(e), the petitioner must Postponement of the Preliminary Determinations,’’ 5 See Letters from the Department, ‘‘Petition for
submit a request for postponement 25
asabaliauskas on DSKBBXCHB2PROD with NOTICES
dated July 26, 2017. the Imposition of Antidumping Duties on Imports
days or more before the scheduled date 4 Postponing the preliminary determinations to of Cast Iron Soil Pipe Fittings from the People’s
of the preliminary determination and 130 days after initiation would place the deadline Republic of China: Supplemental Questions,’’ dated
on Saturday, October 28, 2017. The Department’s July 18, 2017, and ‘‘Petitions for the Imposition of
must state the reasons for the request. Antidumping and Countervailing Duties on Imports
practice dictates that where a deadline falls on a
The Department will grant the request weekend or Federal holiday, the appropriate of Cast Iron Soil Pipe Fittings from the People’s
deadline is the next business day. See Notice of Republic of China: Supplemental Questions,’’ dated
1 See Fine Denier Polyester Staple Fiber From Clarification: Application of ‘‘Next Business Day’’ July 18, 2017.
India and the People’s Republic of China: Initiation Rule for Administrative Determination Deadlines 6 See Letters from the petitioner ‘‘Cast Iron Soil
of Countervailing Duty Investigations, 82 FR 29029 Pursuant to the Tariff Act of 1930, As Amended, 70 Pipe Fittings from the People’s Republic of China:
(June 27, 2017) (Initiation Notice). FR 24533 (May 10, 2005). Response to Supplemental Questions—General
VerDate Sep<11>2014 21:16 Aug 07, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\08AUN1.SGM 08AUN1](https://thefederalregister.org/doc/82_FR_37199/page/1.svg)
![37052 Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices
of time limits. Review Extension of common or special fittings, with or without 2017, Huvis Corporation (Huvis)
Time Limits; Final Rule, 78 FR 57790 side inlets. submitted a timely-filed request for an
(September 20, 2013), available at Cast iron soil pipe fittings are classified administrative review of its POR sales.2
into two major types—hubless and hub and
http://www.gpo.gov/fdsys/pkg/FR-2013- spigot. Hubless cast iron soil pipe fittings are
On May 31, 2017, pursuant to 19 CFR
09-20/html/2013-22853.htm, prior to manufactured without a hub, generally in 351.213, the Department received a
submitting factual information in this compliance with Cast Iron Soil Pipe Institute timely-filed request from DAK Americas
investigation. (CISPI) specification 301 and/or American LLC and Auriga Polymers, Inc.
Certification Requirements
Society for Testing and Materials (ASTM) (collectively, the petitioners) for an
specification A888. Hub and spigot pipe administrative review of Toray
Any party submitting factual fittings have hubs into which the spigot Chemical Korea, Inc. (Toray) and
information in an AD or CVD (plain end) of the pipe or fitting is inserted.
Huvis.3 On July 6, 2017, pursuant to
proceeding must certify to the accuracy Cast iron soil pipe fittings are generally
distinguished from other types of these requests and in accordance with
and completeness of that information.38 19 CFR 351.221(c)(1)(i), the Department
nonmalleable cast iron fittings by the manner
Parties must use the certification in which they are connected to cast iron soil published a notice of initiation of an
formats provided in 19 CFR pipe and other fittings. administrative review of Toray and
351.303(g).39 40 The Department intends The subject imports are normally classified Huvis.4 On July 11, 2017, and July 12,
to reject factual submissions if the in subheading 7307.11.0045 of the 2017, pursuant to 19 CFR 351.213(d)(1),
submitting party does not comply with Harmonized Tariff Schedule of the United the petitioners and Huvis, respectively,
the applicable revised certification States (HTSUS): Cast fittings of nonmalleable
cast iron for cast iron soil pipe. The HTSUS timely withdrew their requests for an
requirements. administrative review.5
subheading and specifications are provided
Notification to Interested Parties for convenience and customs purposes only; Rescission of Review
the written description of the scope of this
Interested parties must submit investigation is dispositive. Pursuant to 19 CFR 351.213(d)(l), the
applications for disclosure under Department will rescind an
[FR Doc. 2017–16771 Filed 8–7–17; 8:45 am]
Administrative Protective Order (APO) administrative review, in whole or in
BILLING CODE 3510–DS–P
in accordance with 19 CFR 351.305. On part, if the party, or parties, that
January 22, 2008, the Department requested a review withdraw the
published Antidumping and request/s within 90 days of the
DEPARTMENT OF COMMERCE
Countervailing Duty Proceedings: publication date of the notice of
Documents Submission Procedures; International Trade Administration initiation of the requested review. As
APO Procedures, 73 FR 3634 (January noted above, the petitioners withdrew
22, 2008). Parties wishing to participate [A–580–839]
their request for review of Toray and
in this investigation should ensure that Huvis within 90 days of the publication
Polyester Staple Fiber From the
they meet the requirements of these date of the notice of initiation. In
Republic of Korea: Rescission of
procedures (e.g., the filing of letters of addition, Huvis also timely withdrew its
Antidumping Duty Administrative
appearance as discussed at 19 CFR request for an administrative review. No
Review; 2016–2017
351.103(d)). other parties requested an
This notice is issued and published AGENCY: Enforcement and Compliance, administrative review of the
pursuant to sections 702 and 777(i) of International Trade Administration, antidumping duty order on PSF from
the Act. Department of Commerce. Korea. Therefore, in response to the
Dated: August 2, 2017. SUMMARY: The Department of Commerce timely withdrawal of requests for review
Carole Showers, (the Department) is rescinding the and, in accordance with 19 CFR
Executive Director, Office of Policy administrative review of the 351.213(d)(l), the Department is
performing the duties of the Deputy Assistant antidumping duty order on polyester rescinding this review.
Secretary for Enforcement and Compliance. staple fiber (PSF) from the Republic of
Korea (Korea), based on the timely Assessment
Appendix withdrawal of requests for review. The The Department will instruct U.S.
Scope of the Investigation period of review (POR) is May 1, 2016, Customs and Border Protection (CBP) to
The merchandise covered by this through April 30, 2017. assess antidumping duties on all
investigation is cast iron soil pipe fittings, DATES: Effective August 8, 2017. appropriate entries of PSF from Korea
finished and unfinished, regardless of FOR FURTHER INFORMATION CONTACT: during the POR. Antidumping duties
industry or proprietary specifications, and Toby Vandall, AD/CVD Operations,
regardless of size. Cast iron soil pipe fittings
are nonmalleable iron castings of various Office I, Enforcement and Compliance, to Request Administrative Review, 82 FR 20315
International Trade Administration, (May 1, 2017).
designs and sizes, including, but not limited 2 See Letter from Huvis, ‘‘Certain Polyester Staple
to, bends, tees, wyes, traps, drains, and other U.S. Department of Commerce, 1401 Fiber from Korea; Request for Administrative
Constitution Avenue NW., Washington, Review for 2016–2017 Period’’ (May 30, 2017).
38 See section 782(b) of the Act. DC 20230; telephone: (202) 482–1664. 3 See Letter from the petitioners, ‘‘Polyester
39 See also Certification of Factual Information to SUPPLEMENTARY INFORMATION: Staple Fiber from Korea’’ (May 31, 2017).
Import Administration During Antidumping and 4 See Initiation of Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July Background Countervailing Duty Administrative Reviews, 82 FR
asabaliauskas on DSKBBXCHB2PROD with NOTICES
17, 2013) (Final Rule). Answers to frequently asked 31292 (July 6, 2017) (Notice of Initiation).
questions regarding the Final Rule are available at On May 1, 2017, the Department 5 See Letter from the petitioners, ‘‘Polyester
http://enforcement.trade.gov/tlei/notices/factual_ published a notice of opportunity to Staple Fiber from Korea—Withdrawal of Review
info_final_rule_FAQ_07172013.pdf. request an administrative review of the Request for Toray Chemical Korea’’ (July 11, 2017);
40 See Certification of Factual Information To see also Letter from the petitioners, ‘‘Polyester
antidumping duty order on PSF from
Import Administration During Antidumping and Staple Fiber from Korea; Withdrawal of Review
Countervailing Duty Proceedings, 78 FR 42678 (July
Korea for the POR of May 1, 2016, Request for Huvis Corporation’’ (July 12, 2017); see
17, 2013) (Final Rule); see also frequently asked through April 30, 2017.1 On May 30, also Letter from Huvis, ‘‘Certain Polyester Staple
questions regarding the Final Rule, available at Fiber from Korea; Withdrawal of Request for
http://enforcement.trade.gov/tlei/notices/factual_ 1 See Antidumping or Countervailing Duty Order, Administrative Review for 2016–2017 Period’’ (July
info_final_rule_FAQ_07172013.pdf. Finding, or Suspended Investigation; Opportunity 12, 2017).
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Document Created: 2017-08-08 00:18:04
Document Modified: 2017-08-08 00:18:04
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable August 2, 2017. | |
| Contact | Dennis McClure at (202) 482-5973, AD/ CVD Operations, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. | |
| FR Citation | 82 FR 37048 |
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