82_FR_50833 82 FR 50623 - Forged Steel Fittings From the People's Republic of China: Initiation of Countervailing Duty Investigation

82 FR 50623 - Forged Steel Fittings From the People's Republic of China: Initiation of Countervailing Duty Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 210 (November 1, 2017)

Page Range50623-50626
FR Document2017-23759

Federal Register, Volume 82 Issue 210 (Wednesday, November 1, 2017)
[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Notices]
[Pages 50623-50626]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23759]



[[Page 50623]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-068]


Forged Steel 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 November 1, 2017.

FOR FURTHER INFORMATION CONTACT: Brian Smith at (202) 482-1766 or Jaron 
Moore at (202) 482-3640, AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

The Petition

    On October 5, 2017, the U.S. Department of Commerce (the 
Department) received a countervailing duty (CVD) Petition concerning 
imports of forged steel fittings from the People's Republic of China 
(the PRC), filed in proper form on behalf of Bonney Forge Corporation 
and the United Steel, Paper and Forestry, Rubber, Manufacturing, 
Energy, Allied Industrial and Service Workers International Union 
(collectively, the petitioners). The CVD Petition was accompanied by 
antidumping duty (AD) Petitions concerning imports of forged steel 
fittings from the PRC, Italy, and Taiwan.\1\ The petitioners consist of 
a domestic producer of forged steel fittings and a certified union that 
represents workers produce forged steel fittings.\2\
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    \1\ See Letter to the Secretary of Commerce from the petitioners 
re: ``Petitions for the Imposition of Antidumping and Countervailing 
Duties: Forged Steel Fittings from the People's Republic of China, 
Italy, and Taiwan'' (October 5, 2017) (the Petitions).
    \2\ Id., Volume I of the Petitions, at 1 and Exhibit I-1.
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    On October 6, 10, and 17, 2017, the Department requested 
supplemental information pertaining to certain areas of the 
Petition.\3\ The petitioners filed responses to these requests on 
October 11, 12 and 18, 2017, respectively.\4\ The petitioners filed 
revised scope language on October 19, 2017.\5\
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    \3\ See Letter to the petitioners from the Department, 
``Petitions for the Imposition of Antidumping and Countervailing 
Duties on Imports of Forged Steel Fittings from the People's 
Republic of China, Italy, and Taiwan: Supplemental Questions'' 
(October 6, 2017)(General Issues Supplemental Questionnaire); Letter 
to the petitioners from the Department, ``Petition for the 
Imposition of Countervailing Duties on Imports of Forged Steel 
Fittings from the People's Republic of China: Supplemental 
Questions'' (October 10, 2017) (PRC CVD Supplemental Questionnaire); 
and Letter to the petitioners from the Department, ``Petitions for 
the Imposition of Countervailing Duties on Imports of Forged Steel 
Fittings from the People's Republic of China: Supplemental 
Questions'' (October 17, 2017) (PRC CVD Second Supplemental 
Questionnaire).
    \4\ See Letter to the Secretary of Commerce from the 
petitioners, ``Petition for the Imposition of Countervailing Duties 
on Imports of Forged Steel Fittings from the People's Republic of 
China: Response to Supplemental Questions'' (October 12, 2017) (PRC 
CVD Supplement); see also Letter to the Secretary of Commerce from 
the petitioners, ``Forged Steel Fittings from the People's Republic 
of China, Italy, and Taiwan: Response to Supplemental Questions--
General Issues'' (October 11, 2017) (General Issues Supplement); and 
Letter to the Secretary of Commerce from the petitioners, ``Forged 
Steel Fittings from the People's Republic of China, Italy, and 
Taiwan: Response to Second Supplemental Question on Industry Support 
and Cumulation'' (October 18, 2017) (Second General Issues 
Supplement).
    \5\ See Letter to the Secretary of Commerce from the 
petitioners, ``Forged Steel Fittings from China, Italy, and Taiwan: 
Revised Scope'' (October 19, 2017).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that the Government of the 
PRC is providing countervailable subsidies, within the meaning of 
sections 701 and 771(5) of the Act, to imports of forged steel fittings 
from the PRC, and that such imports are materially injuring, or 
threatening material injury to, the domestic industry producing forged 
steel fittings 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 petitioners 
supporting their allegations.
    The Department finds that the petitioners filed the Petition on 
behalf of the domestic industry because the petitioners are interested 
parties as defined in sections 771(9)(C) and (D) of the Act. The 
Department also finds that the petitioners demonstrated sufficient 
industry support with respect to the initiation of the CVD 
investigation that the petitioners are requesting.\6\
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    \6\ See ``Determination of Industry Support for the Petition'' 
section below.
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Period of Investigation

    Because the Petition was filed on October 5, 2017, the period of 
investigation (POI) is January 1, 2016, through December 31, 2016.

Scope of the Investigation

    The product covered by this investigation is forged steel 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, the Department issued questions 
to, and received responses from, the petitioners 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.\7\
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    \7\ See General Issues Supplemental Questionnaire; see also 
General Issues Supplement.
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    As discussed in the preamble to the Department's regulations, we 
are setting aside a period for interested parties to raise issues 
regarding product coverage (scope).\8\ 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,\9\ all such factual information should be limited to 
public information. To facilitate preparation of its questionnaires, 
the Department requests that all interested parties submit such 
comments by 5:00 p.m. Eastern Time (ET) on Tuesday, November 14, 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, November 24, 2017, which is 10 calendar days 
from the initial comments deadline.\10\
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    \8\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \9\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \10\ See 19 CFR 351.303(b).
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    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. All scope 
comments must be filed on the records of each of the concurrent AD and 
CVD investigations.

Filing Requirements

    All submissions to the Department must be filed electronically 
using Enforcement and Compliance's Antidumping Duty and Countervailing 
Duty Centralized Electronic Service System (ACCESS).\11\ An 
electronically

[[Page 50624]]

filed document must be received successfully in its entirety by the 
time and date it is due. Documents exempted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and 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.
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011), see also Enforcement and 
Compliance: Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) 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.
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, the 
Department notified representatives of the Government of the PRC of the 
receipt of the Petition, and provided them the opportunity for 
consultations with respect to the CVD Petition.\12\ These consultations 
were held via teleconference on October 20, 2017.\13\
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    \12\ See Letter to the Embassy of the People's Republic of 
China, ``Countervailing Duty Petition on Forged Steel Fittings from 
the People's Republic of China: Invitation for Consultations to 
Discuss the Countervailing Duty Petition'' (October 6, 2017).
    \13\ See Memorandum to the File, ``Consultations with Officials 
from the Government of China Regarding the Countervailing Duty 
Petition Concerning Forged Steel Fittings'' (October 20, 2017).
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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 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,\14\ 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.\15\
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    \14\ See section 771(10) of the Act.
    \15\ 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)).
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    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 petitioners do not 
offer a definition of the domestic like product distinct from the scope 
of this investigation. Based on our analysis of the information 
submitted on the record, we have determined that forged steel fittings, 
as defined in the scope, constitutes a single domestic like product and 
we have analyzed industry support in terms of that domestic like 
product.\16\
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    \16\ For a discussion of the domestic like product analysis in 
this case, see Countervailing Duty Investigation Initiation 
Checklist: Forged Steel Fittings from the People's Republic of China 
(PRC CVD Initiation Checklist), at Attachment II, Analysis of 
Industry Support for the Antidumping and Countervailing Duty 
Petitions Covering Forged Steel Fittings from the People's Republic 
of China, Italy, and Taiwan (Attachment II). The 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.
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    In determining whether the petitioners have standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in the Appendix of 
this notice. The petitioners provided their own production of the 
domestic like product in 2016 and compared this to the total 2016 
production of the domestic like product for the entire domestic 
industry.\17\ We relied on the data the petitioners provided for 
purposes of measuring industry support.\18\
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    \17\ See Volume I of the Petition, at 3-4 and Exhibit I-1; see 
also General Issues Supplement, at 1 and Exhibit I-15; and Second 
General Issues Supplement, at 1-2.
    \18\ Id. For further discussion, see PRC CVD Initiation 
Checklist, at Attachment II.
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    Our review of the data provided in the Petition, the supplements to 
the Petition, and other information readily available to the Department 
indicates that the petitioners have established industry support.\19\ 
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).\20\ 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.\21\ 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.\22\ 
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.
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    \19\ See PRC CVD Initiation Checklist, at Attachment II.
    \20\ See section 702(c)(4)(D) of the Act; see also PRC CVD 
Initiation Checklist, at Attachment II.
    \21\ See PRC CVD Initiation Checklist, at Attachment II.
    \22\ Id.
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    The Department finds that the petitioners filed the Petition on 
behalf of the domestic industry because they are interested parties as 
defined in sections 771(9)(C) and (D) of the Act and they have 
demonstrated sufficient industry support with respect to the CVD

[[Page 50625]]

investigation that they are requesting the Department initiate.\23\
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    \23\ Id.
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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 petitioners allege 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 petitioners 
allege that subject imports exceed the negligibility threshold provided 
for under section 771(24)(A) of the Act.\24\
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    \24\ See Volume I of the Petition, at 10 and Exhibit I-4.
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    The petitioners contend that the industry's injured condition is 
illustrated by a significant and increasing volume of imports from the 
subject country; reduced market share; underselling and price 
depression or suppression; and a negative impact on the domestic 
industry's capacity utilization, employment, and profits.\25\ 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.\26\
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    \25\ Id. at 10-23 and Exhibits I-4 and I-7 through I-13.
    \26\ See PRC CVD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Forged Steel Fittings from the People's Republic of China, 
Italy, and Taiwan.
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Initiation of CVD Investigation

    Based on the examination of the CVD Petition, we find that the 
Petition meets the requirements of section 702 of the Act. Therefore, 
we are initiating a CVD investigation to determine whether imports of 
forged steel fittings from the PRC benefit from countervailable 
subsidies conferred by the Government of the PRC. 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 no later than 65 
days after the date of this initiation.
    Under the Trade Preferences Extension Act of 2015, numerous 
amendments to the AD and CVD laws were made.\27\ 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.\28\ 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.\29\
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    \27\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015).
    \28\ 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) (Applicability Notice). 
The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
    \29\ See Applicability Notice, 80 FR at 46794-95.
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Subsidy Allegations

    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation on 23 alleged 
programs. For a full discussion of the basis for our decision to 
initiate on each program, see the PRC CVD Initiation Checklist. A 
public version of the initiation checklist for this investigation is 
available on ACCESS.
    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 no later than 65 days after the date of this initiation.

Respondent Selection

    The petitioners named 14 companies as producers/exporters of forged 
steel fittings in the PRC.\30\ 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 forged steel fittings from the PRC during the 
POI under the appropriate Harmonized Tariff Schedule of the United 
States numbers listed in the ``Scope of the Investigation,'' in the 
Appendix.
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    \30\ See Volume I of the Petition at Exhibit I-3.
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    On October 19, 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.\31\ The Department will not 
accept rebuttal comments regarding the CBP data or respondent 
selection.
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    \31\ See Memorandum, ``Forged Steel Fittings from the PRC: U.S. 
Customs Data for Respondent Selection'' (October 19, 2017).
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    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 must be filed electronically using ACCESS. An 
electronically filed document must be received successfully, in its 
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above. 
We intend to finalize our decisions 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), copies of the public version of the Petition has been 
provided to the Government of the PRC via ACCESS. To the extent 
practicable, we will attempt to provide a copy of the public version of 
the Petition to each exporter named in the Petition, as provided under 
19 CFR 351.203(c)(2).

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 forged steel fittings from the PRC are 
materially injuring, or threatening material injury to, a U.S. 
industry.\32\ A negative ITC determination will result in the 
investigation being terminated.\33\ Otherwise, this investigation will 
proceed according to statutory and regulatory time limits.
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    \32\ See section 703(a)(2) of the Act.
    \33\ See section 703(a)(1) of the Act.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires;

[[Page 50626]]

(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)-(iv). 19 CFR 351.301(b) 
requires any party, when submitting factual information, to specify 
under which subsection of 19 CFR 351.102(b)(21) the information is 
being submitted \34\ 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.\35\ 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. Interested parties 
should review the regulations prior to submitting factual information 
in this investigation.
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    \34\ See 19 CFR 351.301(b).
    \35\ See 19 CFR 351.301(b)(2).
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Extensions 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. ET 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 
of time limits. Parties should 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.\36\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials, as well as their 
representatives.\37\ Investigations initiated on the basis of the 
petition filed on or after August 16, 2013, and other segments of any 
AD or CVD proceedings initiated on or after August 16, 2013, should use 
the formats for the revised certifications provided in 19 CFR 
351.303(g). The Department intends to reject factual submissions if the 
submitting party does not comply with the applicable revised 
certification requirements.
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    \36\ See section 782(b) of the Act.
    \37\ 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.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
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, and 19 CFR 351.203(c).

    Dated: October 25, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The merchandise covered by this investigation is carbon and 
alloy forged steel fittings, whether unfinished (commonly known as 
blanks or rough forgings) or finished. Such fittings are made in a 
variety of shapes including, but not limited to, elbows, tees, 
crosses, laterals, couplings, reducers, caps, plugs, bushings and 
unions. Forged steel fittings are covered regardless of end finish, 
whether threaded, socket-weld or other end connections.
    While these fittings are generally manufactured to 
specifications ASME B16.11, MSS SP-79, and MSS SP-83, ASTM A105, 
ASTM A350 and ASTM A182, the scope is not limited to fittings made 
to these specifications.
    The term forged is an industry term used to describe a class of 
products included in applicable standards, and does not reference an 
exclusive manufacturing process. Forged steel fittings are not 
manufactured from casting. Pursuant to the applicable standards, 
fittings may alsobe machined from bar stock or machined from 
seamless pipe and tube.
    All types of fittings are included in the scope regardless of 
nominal pipe size (which may or may not be expressed in inches of 
nominal pipe size), pressure rating (usually, but not necessarily 
expressed in pounds of pressure, e.g., 2,000 or 2M; 3,000 or 3M; 
6,000 or 6M; 9,000 or 9M), wall thickness, and whether or not heat 
treated.
    Excluded from this scope are all fittings entirely made of 
stainless steel. Also excluded are flanges, butt weld fittings, and 
nipples.
    Subject carbon and alloy forged steel fittings are normally 
entered under HTSUS 7307.99.1000, 7307.99.3000, 7307.99.5045, and 
7307.99.5060. They also may be entered under HTSUS 7307.92.3010, 
7307.92.3030, 7307.92.9000, and 7326.19.0010.
    The HTSUS subheadings and specifications are provided for 
convenience and customs purposes; the written description of the 
scope is dispositive.

[FR Doc. 2017-23759 Filed 10-31-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                          Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices                                                    50623

                                                DEPARTMENT OF COMMERCE                                   responses to these requests on October                 Comments on Scope of the Investigation
                                                                                                         11, 12 and 18, 2017, respectively.4 The                   During our review of the Petition, the
                                                International Trade Administration                       petitioners filed revised scope language               Department issued questions to, and
                                                [C–570–068]
                                                                                                         on October 19, 2017.5                                  received responses from, the petitioners
                                                                                                            In accordance with section 702(b)(1)                pertaining to the proposed scope to
                                                Forged Steel Fittings From the                           of the Tariff Act of 1930, as amended                  ensure that the scope language in the
                                                People’s Republic of China: Initiation                   (the Act), the petitioners allege that the             Petition would be an accurate reflection
                                                of Countervailing Duty Investigation                     Government of the PRC is providing                     of the products for which the domestic
                                                                                                         countervailable subsidies, within the                  industry is seeking relief.7
                                                AGENCY:  Enforcement and Compliance,                     meaning of sections 701 and 771(5) of                     As discussed in the preamble to the
                                                International Trade Administration,                      the Act, to imports of forged steel                    Department’s regulations, we are setting
                                                Department of Commerce.                                  fittings from the PRC, and that such                   aside a period for interested parties to
                                                DATES: Applicable November 1, 2017.                      imports are materially injuring, or                    raise issues regarding product coverage
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                         threatening material injury to, the                    (scope).8 The Department will consider
                                                Brian Smith at (202) 482–1766 or Jaron                   domestic industry producing forged                     all comments received from interested
                                                Moore at (202) 482–3640, AD/CVD                          steel fittings in the United States. Also,             parties and, if necessary, will consult
                                                Operations, Enforcement and                              consistent with section 702(b)(1) of the               with the interested parties prior to the
                                                Compliance, International Trade                          Act and 19 CFR 351.202(b), for those                   issuance of the preliminary
                                                Administration, U.S. Department of                       alleged programs on which we are                       determination. If scope comments
                                                                                                         initiating a CVD investigation, the                    include factual information,9 all such
                                                Commerce, 1401 Constitution Avenue
                                                                                                         Petition is accompanied by information                 factual information should be limited to
                                                NW., Washington, DC 20230.
                                                                                                         reasonably available to the petitioners                public information. To facilitate
                                                SUPPLEMENTARY INFORMATION:                               supporting their allegations.                          preparation of its questionnaires, the
                                                The Petition                                                The Department finds that the                       Department requests that all interested
                                                                                                         petitioners filed the Petition on behalf of            parties submit such comments by 5:00
                                                   On October 5, 2017, the U.S.                          the domestic industry because the
                                                Department of Commerce (the                                                                                     p.m. Eastern Time (ET) on Tuesday,
                                                                                                         petitioners are interested parties as                  November 14, 2017, which is 20
                                                Department) received a countervailing                    defined in sections 771(9)(C) and (D) of
                                                duty (CVD) Petition concerning imports                                                                          calendar days from the signature date of
                                                                                                         the Act. The Department also finds that                this notice. Any rebuttal comments,
                                                of forged steel fittings from the People’s               the petitioners demonstrated sufficient
                                                Republic of China (the PRC), filed in                                                                           which may include factual information,
                                                                                                         industry support with respect to the                   must be filed by 5:00 p.m. ET on Friday,
                                                proper form on behalf of Bonney Forge                    initiation of the CVD investigation that
                                                Corporation and the United Steel, Paper                                                                         November 24, 2017, which is 10
                                                                                                         the petitioners are requesting.6                       calendar days from the initial comments
                                                and Forestry, Rubber, Manufacturing,
                                                Energy, Allied Industrial and Service                    Period of Investigation                                deadline.10
                                                Workers International Union                                Because the Petition was filed on                       The Department requests that any
                                                (collectively, the petitioners). The CVD                 October 5, 2017, the period of                         factual information the parties consider
                                                Petition was accompanied by                              investigation (POI) is January 1, 2016,                relevant to the scope of the investigation
                                                antidumping duty (AD) Petitions                          through December 31, 2016.                             be submitted during this time period.
                                                concerning imports of forged steel                                                                              However, if a party subsequently finds
                                                                                                         Scope of the Investigation                             that additional factual information
                                                fittings from the PRC, Italy, and
                                                Taiwan.1 The petitioners consist of a                       The product covered by this                         pertaining to the scope of the
                                                domestic producer of forged steel                        investigation is forged steel fittings from            investigation may be relevant, the party
                                                fittings and a certified union that                      the PRC. For a full description of the                 may contact the Department and request
                                                represents workers produce forged steel                  scope of this investigation, see the                   permission to submit the additional
                                                fittings.2                                               ‘‘Scope of the Investigation,’’ in the                 information. All scope comments must
                                                   On October 6, 10, and 17, 2017, the                   Appendix to this notice.                               be filed on the records of each of the
                                                Department requested supplemental                                                                               concurrent AD and CVD investigations.
                                                information pertaining to certain areas                  Republic of China: Supplemental Questions’’
                                                                                                         (October 17, 2017) (PRC CVD Second Supplemental
                                                                                                                                                                Filing Requirements
                                                of the Petition.3 The petitioners filed                  Questionnaire).                                          All submissions to the Department
                                                                                                            4 See Letter to the Secretary of Commerce from
                                                   1 See Letter to the Secretary of Commerce from
                                                                                                                                                                must be filed electronically using
                                                                                                         the petitioners, ‘‘Petition for the Imposition of
                                                the petitioners re: ‘‘Petitions for the Imposition of    Countervailing Duties on Imports of Forged Steel
                                                                                                                                                                Enforcement and Compliance’s
                                                Antidumping and Countervailing Duties: Forged            Fittings from the People’s Republic of China:          Antidumping Duty and Countervailing
                                                Steel Fittings from the People’s Republic of China,      Response to Supplemental Questions’’ (October 12,      Duty Centralized Electronic Service
                                                Italy, and Taiwan’’ (October 5, 2017) (the Petitions).   2017) (PRC CVD Supplement); see also Letter to the     System (ACCESS).11 An electronically
                                                   2 Id., Volume I of the Petitions, at 1 and Exhibit    Secretary of Commerce from the petitioners,
                                                I–1.                                                     ‘‘Forged Steel Fittings from the People’s Republic
                                                                                                                                                                  7 See General Issues Supplemental Questionnaire;
                                                   3 See Letter to the petitioners from the              of China, Italy, and Taiwan: Response to
                                                                                                         Supplemental Questions—General Issues’’ (October       see also General Issues Supplement.
                                                Department, ‘‘Petitions for the Imposition of                                                                     8 See Antidumping Duties; Countervailing Duties;
                                                Antidumping and Countervailing Duties on Imports         11, 2017) (General Issues Supplement); and Letter
                                                of Forged Steel Fittings from the People’s Republic      to the Secretary of Commerce from the petitioners,     Final Rule, 62 FR 27296, 27323 (May 19, 1997).
                                                                                                         ‘‘Forged Steel Fittings from the People’s Republic       9 See 19 CFR 351.102(b)(21) (defining ‘‘factual
                                                of China, Italy, and Taiwan: Supplemental
                                                Questions’’ (October 6, 2017)(General Issues             of China, Italy, and Taiwan: Response to Second        information’’).
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                                                Supplemental Questionnaire); Letter to the               Supplemental Question on Industry Support and            10 See 19 CFR 351.303(b).

                                                petitioners from the Department, ‘‘Petition for the      Cumulation’’ (October 18, 2017) (Second General          11 See Antidumping and Countervailing Duty

                                                Imposition of Countervailing Duties on Imports of        Issues Supplement).                                    Proceedings: Electronic Filing Procedures;
                                                                                                            5 See Letter to the Secretary of Commerce from
                                                Forged Steel Fittings from the People’s Republic of                                                             Administrative Protective Order Procedures, 76 FR
                                                China: Supplemental Questions’’ (October 10, 2017)       the petitioners, ‘‘Forged Steel Fittings from China,   39263 (July 6, 2011), see also Enforcement and
                                                (PRC CVD Supplemental Questionnaire); and Letter         Italy, and Taiwan: Revised Scope’’ (October 19,        Compliance: Change of Electronic Filing System
                                                to the petitioners from the Department, ‘‘Petitions      2017).                                                 Name, 79 FR 69046 (November 20, 2014) for details
                                                for the Imposition of Countervailing Duties on              6 See ‘‘Determination of Industry Support for the   of the Department’s electronic filing requirements,
                                                Imports of Forged Steel Fittings from the People’s       Petition’’ section below.                                                                        Continued




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                                                50624                     Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices

                                                filed document must be received                         whole of a domestic like product. Thus,               the Petition with reference to the
                                                successfully in its entirety by the time                to determine whether a petition has the               domestic like product as defined in the
                                                and date it is due. Documents exempted                  requisite industry support, the statute               ‘‘Scope of the Investigation,’’ in the
                                                from the electronic submission                          directs the Department to look to                     Appendix of this notice. The petitioners
                                                requirements must be filed manually                     producers and workers who produce the                 provided their own production of the
                                                (i.e., in paper form) with Enforcement                  domestic like product. The International              domestic like product in 2016 and
                                                and Compliance’s APO/Dockets Unit,                      Trade Commission (ITC), which is                      compared this to the total 2016
                                                Room 18022, U.S. Department of                          responsible for determining whether                   production of the domestic like product
                                                Commerce, 1401 Constitution Avenue                      ‘‘the domestic industry’’ has been                    for the entire domestic industry.17 We
                                                NW., Washington, DC 20230, and                          injured, must also determine what                     relied on the data the petitioners
                                                stamped with the date and time of                       constitutes a domestic like product in                provided for purposes of measuring
                                                receipt by the applicable deadlines.                    order to define the industry. While both              industry support.18
                                                                                                        the Department and the ITC must apply
                                                Consultations                                                                                                    Our review of the data provided in the
                                                                                                        the same statutory definition regarding
                                                   Pursuant to sections 702(b)(4)(A)(i)                 the domestic like product,14 they do so               Petition, the supplements to the
                                                and (ii) of the Act, the Department                     for different purposes and pursuant to a              Petition, and other information readily
                                                notified representatives of the                         separate and distinct authority. In                   available to the Department indicates
                                                Government of the PRC of the receipt of                 addition, the Department’s                            that the petitioners have established
                                                the Petition, and provided them the                     determination is subject to limitations of            industry support.19 First, the Petition
                                                opportunity for consultations with                      time and information. Although this                   established support from domestic
                                                respect to the CVD Petition.12 These                    may result in different definitions of the            producers (or workers) accounting for
                                                consultations were held via                             like product, such differences do not                 more than 50 percent of the total
                                                teleconference on October 20, 2017.13                   render the decision of either agency                  production of the domestic like product
                                                                                                        contrary to law.15                                    and, as such, the Department is not
                                                Determination of Industry Support for                                                                         required to take further action in order
                                                the Petition                                               Section 771(10) of the Act defines the
                                                                                                        domestic like product as ‘‘a product                  to evaluate industry support (e.g.,
                                                   Section 702(b)(1) of the Act requires                which is like, or in the absence of like,             polling).20 Second, the domestic
                                                that a petition be filed on behalf of the               most similar in characteristics and uses              producers (or workers) have met the
                                                domestic industry. Section 702(c)(4)(A)                 with, the article subject to an                       statutory criteria for industry support
                                                of the Act provides that a petition meets               investigation under this title.’’ Thus, the           under section 702(c)(4)(A)(i) of the Act
                                                this requirement if the domestic                        reference point from which the                        because the domestic producers (or
                                                producers or workers who support the                                                                          workers) who support the Petition
                                                                                                        domestic like product analysis begins is
                                                petition account for: (i) At least 25                                                                         account for at least 25 percent of the
                                                                                                        ‘‘the article subject to an investigation’’
                                                percent of the total production of the                                                                        total production of the domestic like
                                                                                                        (i.e., the class or kind of merchandise to
                                                domestic like product; and (ii) more                                                                          product.21 Finally, the domestic
                                                                                                        be investigated, which normally will be
                                                than 50 percent of the production of the                                                                      producers (or workers) have met the
                                                                                                        the scope as defined in the petition).
                                                domestic like product produced by that                     With regard to the domestic like                   statutory criteria for industry support
                                                portion of the industry expressing                      product, the petitioners do not offer a               under section 702(c)(4)(A)(ii) of the Act
                                                support for, or opposition to, the                      definition of the domestic like product               because the domestic producers (or
                                                petition. Moreover, section 702(c)(4)(D)                                                                      workers) who support the Petition
                                                                                                        distinct from the scope of this
                                                of the Act provides that, if the petition                                                                     account for more than 50 percent of the
                                                                                                        investigation. Based on our analysis of
                                                does not establish support of domestic                                                                        production of the domestic like product
                                                                                                        the information submitted on the
                                                producers or workers accounting for                                                                           produced by that portion of the industry
                                                                                                        record, we have determined that forged
                                                more than 50 percent of the total                                                                             expressing support for, or opposition to,
                                                                                                        steel fittings, as defined in the scope,
                                                production of the domestic like product,
                                                                                                        constitutes a single domestic like                    the Petition.22 Accordingly, the
                                                the Department shall: (i) Poll the
                                                                                                        product and we have analyzed industry                 Department determines that the Petition
                                                industry or rely on other information in
                                                                                                        support in terms of that domestic like                was filed on behalf of the domestic
                                                order to determine if there is support for
                                                                                                        product.16                                            industry within the meaning of section
                                                the petition, as required by
                                                                                                           In determining whether the                         702(b)(1) of the Act.
                                                subparagraph (A); or (ii) determine
                                                                                                        petitioners have standing under section                  The Department finds that the
                                                industry support using a statistically
                                                                                                        702(c)(4)(A) of the Act, we considered                petitioners filed the Petition on behalf of
                                                valid sampling method to poll the
                                                                                                        the industry support data contained in                the domestic industry because they are
                                                ‘‘industry.’’
                                                   Section 771(4)(A) of the Act defines                   14 See
                                                                                                                                                              interested parties as defined in sections
                                                                                                                  section 771(10) of the Act.
                                                the ‘‘industry’’ as the producers as a                    15 See
                                                                                                                                                              771(9)(C) and (D) of the Act and they
                                                                                                                  USEC, Inc. v. United States, 132 F. Supp.
                                                                                                        2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.   have demonstrated sufficient industry
                                                which went into effect on August 5, 2011.               v. United States, 688 F. Supp. 639, 644 (CIT 1988),   support with respect to the CVD
                                                Information on help using ACCESS can be found at        aff’d 865 F.2d 240 (Fed. Cir. 1989)).
                                                https://access.trade.gov/help.aspx, and a handbook         16 For a discussion of the domestic like product
                                                                                                                                                                17 See Volume I of the Petition, at 3–4 and Exhibit
                                                can be found at https://access.trade.gov/help/          analysis in this case, see Countervailing Duty
                                                Handbook%20on%20Electronic%20Filling%20                                                                       I–1; see also General Issues Supplement, at 1 and
                                                                                                        Investigation Initiation Checklist: Forged Steel      Exhibit I–15; and Second General Issues
                                                Procedures.pdf.                                         Fittings from the People’s Republic of China (PRC
                                                  12 See Letter to the Embassy of the People’s                                                                Supplement, at 1–2.
                                                                                                        CVD Initiation Checklist), at Attachment II,
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                                                                                                                                                                18 Id. For further discussion, see PRC CVD
                                                Republic of China, ‘‘Countervailing Duty Petition       Analysis of Industry Support for the Antidumping
                                                on Forged Steel Fittings from the People’s Republic                                                           Initiation Checklist, at Attachment II.
                                                                                                        and Countervailing Duty Petitions Covering Forged       19 See PRC CVD Initiation Checklist, at
                                                of China: Invitation for Consultations to Discuss the   Steel Fittings from the People’s Republic of China,
                                                Countervailing Duty Petition’’ (October 6, 2017).       Italy, and Taiwan (Attachment II). The checklist is   Attachment II.
                                                  13 See Memorandum to the File, ‘‘Consultations                                                                20 See section 702(c)(4)(D) of the Act; see also
                                                                                                        dated concurrently with this notice and on file
                                                with Officials from the Government of China             electronically via ACCESS. Access to documents        PRC CVD Initiation Checklist, at Attachment II.
                                                                                                                                                                21 See PRC CVD Initiation Checklist, at
                                                Regarding the Countervailing Duty Petition              filed via ACCESS is also available in the Central
                                                Concerning Forged Steel Fittings’’ (October 20,         Records Unit, Room B8024 of the main Department       Attachment II.
                                                2017).                                                  of Commerce building.                                   22 Id.




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                                                                            Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices                                                  50625

                                                investigation that they are requesting                       Under the Trade Preferences                           On October 19, 2017, the Department
                                                the Department initiate.23                                Extension Act of 2015, numerous                       released CBP data under Administrative
                                                                                                          amendments to the AD and CVD laws                     Protective Order (APO) to all parties
                                                Injury Test
                                                                                                          were made.27 The 2015 law does not                    with access to information protected by
                                                  Because the PRC is a ‘‘Subsidies                        specify dates of application for those                APO and indicated that interested
                                                Agreement Country’’ within the                            amendments. On August 6, 2015, the                    parties wishing to comment regarding
                                                meaning of section 701(b) of the Act,                     Department published an interpretative                the CBP data and respondent selection
                                                section 701(a)(2) of the Act applies to                   rule, in which it announced the                       must do so within three business days
                                                this investigation. Accordingly, the ITC                  applicability dates for each amendment                of the publication date of the notice of
                                                must determine whether imports of the                     to the Act, except for amendments                     initiation of this CVD investigation.31
                                                subject merchandise from the PRC                          contained in section 771(7) of the Act,               The Department will not accept rebuttal
                                                materially injure, or threaten material                   which relate to determinations of                     comments regarding the CBP data or
                                                injury to, a U.S. industry.                               material injury by the ITC.28 The                     respondent selection.
                                                                                                          amendments to sections 776 and 782 of                    Interested parties must submit
                                                Allegations and Evidence of Material                                                                            applications for disclosure under APO
                                                Injury and Causation                                      the Act are applicable to all
                                                                                                          determinations made on or after August                in accordance with 19 CFR 351.305(b).
                                                   The petitioners allege that imports of                 6, 2015, and, therefore, apply to this                Instructions for filing such applications
                                                the subject merchandise are benefitting                   CVD investigation.29                                  may be found on the Department’s Web
                                                from countervailable subsidies and that                                                                         site at http://enforcement.trade.gov/apo.
                                                such imports are causing, or threaten to                  Subsidy Allegations                                      Comments must be filed
                                                cause, material injury to the U.S.                          Based on our review of the Petition,                electronically using ACCESS. An
                                                industry producing the domestic like                      we find that there is sufficient                      electronically filed document must be
                                                product. In addition, the petitioners                     information to initiate a CVD                         received successfully, in its entirety, by
                                                allege that subject imports exceed the                    investigation on 23 alleged programs.                 ACCESS no later than 5:00 p.m. ET on
                                                negligibility threshold provided for                      For a full discussion of the basis for our            the date noted above. We intend to
                                                under section 771(24)(A) of the Act.24                    decision to initiate on each program, see             finalize our decisions regarding
                                                   The petitioners contend that the                       the PRC CVD Initiation Checklist. A                   respondent selection within 20 days of
                                                industry’s injured condition is                           public version of the initiation checklist            publication of this notice.
                                                illustrated by a significant and                          for this investigation is available on                Distribution of Copies of the Petition
                                                increasing volume of imports from the                     ACCESS.
                                                subject country; reduced market share;                                                                            In accordance with section
                                                                                                            In accordance with section 703(b)(1)
                                                underselling and price depression or                                                                            702(b)(4)(A)(i) of the Act and 19 CFR
                                                                                                          of the Act and 19 CFR 351.205(b)(1),
                                                suppression; and a negative impact on                                                                           351.202(f), copies of the public version
                                                                                                          unless postponed, we will make our
                                                the domestic industry’s capacity                                                                                of the Petition has been provided to the
                                                                                                          preliminary determination no later than
                                                utilization, employment, and profits.25                                                                         Government of the PRC via ACCESS. To
                                                                                                          65 days after the date of this initiation.
                                                We have assessed the allegations and                                                                            the extent practicable, we will attempt
                                                                                                          Respondent Selection                                  to provide a copy of the public version
                                                supporting evidence regarding material
                                                injury, threat of material injury, and                       The petitioners named 14 companies                 of the Petition to each exporter named
                                                causation, and we have determined that                    as producers/exporters of forged steel                in the Petition, as provided under 19
                                                these allegations are properly supported                  fittings in the PRC.30 The Department                 CFR 351.203(c)(2).
                                                by adequate evidence, and meet the                        intends to follow its standard practice in            ITC Notification
                                                statutory requirements for initiation.26                  CVD investigations and calculate                        We will notify the ITC of our
                                                                                                          company-specific subsidy rates in this                initiation, as required by section 702(d)
                                                Initiation of CVD Investigation                           investigation. In the event the                       of the Act.
                                                   Based on the examination of the CVD                    Department determines that the number
                                                Petition, we find that the Petition meets                 of companies is large and it cannot                   Preliminary Determination by the ITC
                                                the requirements of section 702 of the                    individually examine each company                        The ITC will preliminarily determine,
                                                Act. Therefore, we are initiating a CVD                   based upon the Department’s resources,                within 45 days after the date on which
                                                investigation to determine whether                        where appropriate, the Department                     the Petition was filed, whether there is
                                                imports of forged steel fittings from the                 intends to select mandatory respondents               a reasonable indication that imports of
                                                PRC benefit from countervailable                          based on U.S. Customs and Border                      forged steel fittings from the PRC are
                                                subsidies conferred by the Government                     Protection (CBP) data for U.S. imports of             materially injuring, or threatening
                                                of the PRC. In accordance with section                    forged steel fittings from the PRC during             material injury to, a U.S. industry.32 A
                                                703(b)(1) of the Act and 19 CFR                           the POI under the appropriate                         negative ITC determination will result
                                                351.205(b)(1), unless postponed, we will                  Harmonized Tariff Schedule of the                     in the investigation being terminated.33
                                                make our preliminary determination no                     United States numbers listed in the                   Otherwise, this investigation will
                                                later than 65 days after the date of this                 ‘‘Scope of the Investigation,’’ in the                proceed according to statutory and
                                                initiation.                                               Appendix.                                             regulatory time limits.
                                                  23 Id.                                                    27 See Trade Preferences Extension Act of 2015,     Submission of Factual Information
                                                  24 See   Volume I of the Petition, at 10 and Exhibit    Public Law 114–27, 129 Stat. 362 (2015).                Factual information is defined in 19
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                                                I–4.                                                        28 See Dates of Application of Amendments to the
                                                                                                                                                                CFR 351.102(b)(21) as: (i) Evidence
                                                  25 Id. at 10–23 and Exhibits I–4 and I–7 through        Antidumping and Countervailing Duty Laws Made
                                                I–13.                                                     by the Trade Preferences Extension Act of 2015, 80    submitted in response to questionnaires;
                                                  26 See PRC CVD Initiation Checklist, at                 FR 46793 (August 6, 2015) (Applicability Notice).
                                                Attachment III, Analysis of Allegations and               The 2015 amendments may be found at https://            31 See Memorandum, ‘‘Forged Steel Fittings from

                                                Evidence of Material Injury and Causation for the         www.congress.gov/bill/114th-congress/house-bill/      the PRC: U.S. Customs Data for Respondent
                                                Antidumping and Countervailing Duty Petitions             1295/text/pl.                                         Selection’’ (October 19, 2017).
                                                                                                            29 See Applicability Notice, 80 FR at 46794–95.       32 See section 703(a)(2) of the Act.
                                                Covering Forged Steel Fittings from the People’s
                                                Republic of China, Italy, and Taiwan.                       30 See Volume I of the Petition at Exhibit I–3.       33 See section 703(a)(1) of the Act.




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                                                50626                      Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices

                                                (ii) evidence submitted in support of                     Certification Requirements                              B16.11, MSS SP–79, and MSS SP–83, ASTM
                                                allegations; (iii) publicly available                                                                             A105, ASTM A350 and ASTM A182, the
                                                                                                            Any party submitting factual                          scope is not limited to fittings made to these
                                                information to value factors under 19                     information in an AD or CVD                             specifications.
                                                CFR 351.408(c) or to measure the                          proceeding must certify to the accuracy                    The term forged is an industry term used
                                                adequacy of remuneration under 19 CFR                     and completeness of that information.36                 to describe a class of products included in
                                                351.511(a)(2); (iv) evidence placed on                    Parties are hereby reminded that revised                applicable standards, and does not reference
                                                the record by the Department; and (v)                     certification requirements are in effect                an exclusive manufacturing process. Forged
                                                evidence other than factual information                   for company/government officials, as                    steel fittings are not manufactured from
                                                described in (i)–(iv). 19 CFR 351.301(b)                  well as their representatives.37                        casting. Pursuant to the applicable standards,
                                                                                                                                                                  fittings may alsobe machined from bar stock
                                                requires any party, when submitting                       Investigations initiated on the basis of                or machined from seamless pipe and tube.
                                                factual information, to specify under                     the petition filed on or after August 16,                  All types of fittings are included in the
                                                which subsection of 19 CFR                                2013, and other segments of any AD or                   scope regardless of nominal pipe size (which
                                                351.102(b)(21) the information is being                   CVD proceedings initiated on or after                   may or may not be expressed in inches of
                                                submitted 34 and, if the information is                   August 16, 2013, should use the formats                 nominal pipe size), pressure rating (usually,
                                                submitted to rebut, clarify, or correct                   for the revised certifications provided in              but not necessarily expressed in pounds of
                                                factual information already on the                        19 CFR 351.303(g). The Department                       pressure, e.g., 2,000 or 2M; 3,000 or 3M;
                                                                                                          intends to reject factual submissions if                6,000 or 6M; 9,000 or 9M), wall thickness,
                                                record, to provide an explanation                                                                                 and whether or not heat treated.
                                                identifying the information already on                    the submitting party does not comply
                                                                                                                                                                     Excluded from this scope are all fittings
                                                the record that the factual information                   with the applicable revised certification               entirely made of stainless steel. Also
                                                seeks to rebut, clarify, or correct.35 Time               requirements.                                           excluded are flanges, butt weld fittings, and
                                                limits for the submission of factual                      Notification to Interested Parties                      nipples.
                                                information are addressed in 19 CFR                                                                                  Subject carbon and alloy forged steel
                                                351.301, which provides specific time                       Interested parties must submit                        fittings are normally entered under HTSUS
                                                                                                          applications for disclosure under APO                   7307.99.1000, 7307.99.3000, 7307.99.5045,
                                                limits based on the type of factual                                                                               and 7307.99.5060. They also may be entered
                                                                                                          in accordance with 19 CFR 351.305. On
                                                information being submitted. Interested                                                                           under HTSUS 7307.92.3010, 7307.92.3030,
                                                                                                          January 22, 2008, the Department
                                                parties should review the regulations                                                                             7307.92.9000, and 7326.19.0010.
                                                                                                          published Antidumping and
                                                prior to submitting factual information                                                                              The HTSUS subheadings and
                                                                                                          Countervailing Duty Proceedings:                        specifications are provided for convenience
                                                in this investigation.
                                                                                                          Documents Submission Procedures;                        and customs purposes; the written
                                                Extensions of Time Limits                                 APO Procedures, 73 FR 3634 (January                     description of the scope is dispositive.
                                                                                                          22, 2008). Parties wishing to participate               [FR Doc. 2017–23759 Filed 10–31–17; 8:45 am]
                                                   Parties may request an extension of                    in this investigation should ensure that
                                                                                                                                                                  BILLING CODE 3510–DS–P
                                                time limits before the expiration of a                    they meet the requirements of these
                                                time limit established under 19 CFR                       procedures (e.g., the filing of letters of
                                                351.301, or as otherwise specified by the                 appearance as discussed at 19 CFR                       DEPARTMENT OF COMMERCE
                                                Secretary. In general, an extension                       351.103(d)).
                                                request will be considered untimely if it                   This notice is issued and published                   National Institute of Standards and
                                                is filed after the expiration of the time                 pursuant to sections 702 and 777(i) of                  Technology
                                                limit established under 19 CFR 351.301.                   the Act, and 19 CFR 351.203(c).
                                                For submissions that are due from                           Dated: October 25, 2017.                              Notice of Localization and Tracking
                                                multiple parties simultaneously, an                       Gary Taverman,                                          System Testing Consortium
                                                extension request will be considered                      Deputy Assistant Secretary for Antidumping              AGENCY: National Institute of Standards
                                                untimely if it is filed after 10:00 a.m. ET               and Countervailing Duty Operations,                     and Technology, Commerce.
                                                on the due date. Under certain                            performing the non-exclusive functions and
                                                                                                                                                                  ACTION: Notice of Research Consortium.
                                                circumstances, we may elect to specify                    duties of the Assistant Secretary for
                                                a different time limit by which                           Enforcement and Compliance.                             SUMMARY:    The National Institute of
                                                extension requests will be considered                     Appendix                                                Standards and Technology (NIST), an
                                                untimely for submissions which are due                                                                            agency of the United States Department
                                                from multiple parties simultaneously. In                  Scope of the Investigation                              of Commerce, is establishing the
                                                such a case, we will inform parties in                       The merchandise covered by this                      Localization and Tracking System (LTS)
                                                the letter or memorandum setting forth                    investigation is carbon and alloy forged steel          Testing Consortium and invites
                                                the deadline (including a specified time)                 fittings, whether unfinished (commonly
                                                                                                          known as blanks or rough forgings) or
                                                                                                                                                                  organizations to participate in this
                                                by which extension requests must be                       finished. Such fittings are made in a variety           Consortium. Participants in this
                                                filed to be considered timely. An                         of shapes including, but not limited to,                Consortium will have the opportunity to
                                                extension request must be made in a                       elbows, tees, crosses, laterals, couplings,             test their LTS leveraging a unique
                                                separate, stand-alone submission; under                   reducers, caps, plugs, bushings and unions.             capability on the NIST Gaithersburg
                                                limited circumstances we will grant                       Forged steel fittings are covered regardless of         campus. The goals of the LTS Testing
                                                untimely-filed requests for the extension                 end finish, whether threaded, socket-weld or            Consortium are to demonstrate and
                                                of time limits. Parties should review                     other end connections.
                                                                                                                                                                  further develop standardized
                                                                                                             While these fittings are generally
                                                Extension of Time Limits; Final Rule, 78                  manufactured to specifications ASME                     localization and tracking system testing
                                                FR 57790 (September 20, 2013),                                                                                    procedures, and to assess current state
sradovich on DSK3GMQ082PROD with NOTICES




                                                available at http://www.gpo.gov/fdsys/                      36 See section 782(b) of the Act.                     of the art. The LTS Testing Consortium
                                                pkg/FR-2013-09-20/html/2013-                                37 See Certification of Factual Information to        will not evaluate whether any
                                                22853.htm, prior to submitting factual                    Import Administration During Antidumping and            individual system is commercially
                                                information in this investigation.                        Countervailing Duty Proceedings, 78 FR 42678 (July      feasible. Participants in the Consortium
                                                                                                          17, 2013) (‘‘Final Rule’’); see also frequently asked
                                                                                                          questions regarding the Final Rule, available at
                                                                                                                                                                  will be required to sign a Cooperative
                                                  34 See   19 CFR 351.301(b).                             http://enforcement.trade.gov/tlei/notices/factual_      Research and Development Agreement
                                                  35 See   19 CFR 351.301(b)(2).                          info_final_rule_FAQ_07172013.pdf.                       (CRADA).


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Document Created: 2017-11-01 02:02:46
Document Modified: 2017-11-01 02:02:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable November 1, 2017.
ContactBrian Smith at (202) 482-1766 or Jaron Moore at (202) 482-3640, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
FR Citation82 FR 50623 

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