83_FR_11220 83 FR 11170 - Forged Steel Fittings From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination

83 FR 11170 - Forged Steel Fittings From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 50 (March 14, 2018)

Page Range11170-11172
FR Document2018-05154

The Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of forged steel fittings from the People's Republic of China (China). The period of investigation is January 1, 2016, through December 31, 2016.

Federal Register, Volume 83 Issue 50 (Wednesday, March 14, 2018)
[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Notices]
[Pages 11170-11172]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05154]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-068]


Forged Steel Fittings From the People's Republic of China: 
Preliminary Affirmative Countervailing Duty Determination and Alignment 
of Final Determination With Final Antidumping Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of forged steel fittings from the People's Republic of China 
(China). The period of investigation is January 1, 2016, through 
December 31, 2016.

DATES: Applicable March 14, 2018.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Janae Martin, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-1766 or (202) 
482-0238, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). The Department 
published the notice of initiation of this investigation on November 1, 
2017.\1\ On December 1, 2017, the Department postponed the preliminary 
determination of this investigation by no later than 130 days after the 
date on which Commerce initiated this investigation.\2\
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    \1\ See Forged Steel Fittings from the People's Republic of 
China: Initiation of Countervailing Duty Investigation, 82 FR 50623 
(November 1, 2017) (Initiation Notice).
    \2\ See Forged Steel Fittings from the People's Republic of 
China: Postponement of Preliminary Determination of Countervailing 
Duty Investigation, 82 FR 59584 (December 15, 2017).
---------------------------------------------------------------------------

    Commerce exercised its discretion to toll all deadlines affected by 
the closure of the Federal Government from January 20 through 22, 2018. 
If the new deadline falls on a nonbusiness day, in accordance with 
Commerce's practice, the deadline will become the next business day. 
The revised deadline for the publication of the preliminary 
determination of this investigation is now March 7, 2018.\3\
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    \3\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government,'' dated January 23, 2018. All deadlines in 
this segment of the proceeding have been extended by 3 days.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\4\ A list of topics discussed in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov, and is available to all

[[Page 11171]]

parties in the Central Records Unit, room B8024 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination of the Countervailing Duty Investigation of Forged 
Steel Fittings from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are forged steel 
fittings from China. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\5\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage, (i.e., scope).\6\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice.
---------------------------------------------------------------------------

    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \6\ See Initiation Notice.
---------------------------------------------------------------------------

    For a summary of the product coverage comments and rebuttal 
responses submitted to the record for this preliminary determination, 
and accompanying discussion and analysis of all comments timely 
received, see the Preliminary Scope Decision Memorandum.\7\ The 
Department is preliminarily modifying the scope language as it appeared 
in the Initiation Notice.\8\ As stated in the Preliminary Scope 
Decision Memorandum, all interested parties are invited to comment on 
the proposed modifications no later than March 19, 2018; rebuttal 
comments are due no later than March 26, 2018. Such comments must be 
filed via ACCESS on the records of this countervailing duty 
investigation and the concurrent antidumping duty investigations of 
forged steel fittings from China, Italy and Taiwan.
---------------------------------------------------------------------------

    \7\ See Memorandum, ``Certain Forged Steel Fittings from China, 
Italy, and Taiwan: Scope Comments Decision Memorandum for the 
Preliminary Determinations,'' dated concurrently with this notice 
(Preliminary Scope Decision Memorandum).
    \8\ See Appendix I.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e., a financial contribution by an ``authority'' that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\9\
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    \9\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

    Commerce notes that, in making these findings, it relied, in part, 
on facts available and, because it finds that one or more respondents 
did not act to the best of their ability to respond to Commerce's 
requests for information, it drew an adverse inference where 
appropriate in selecting from among the facts otherwise available.\10\ 
For further information, see ``Use of Facts Otherwise Available and 
Adverse Inferences'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \10\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Alignment

    As noted in the Preliminary Decision Memorandum, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is 
aligning the final countervailing duty (CVD) determination in this 
investigation with the final determination in the companion antidumping 
duty (AD) investigation of forged steel fittings from China based on a 
request made by the petitioners.\11\ Consequently, the final CVD 
determination will be issued on the same date as the final AD 
determination, which is currently scheduled to be issued no later than 
July 23, 2018, unless postponed.
---------------------------------------------------------------------------

    \11\ See Letter from the petitioners, ``Forged Steel Fittings 
from the People's Republic of China: Request for Alignment,'' dated 
January 10, 2018.
---------------------------------------------------------------------------

All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, the Department shall determine an estimated 
all-others rate for companies not individually examined. This rate 
shall be an amount equal to the weighted average of the estimated 
subsidy rates established for those companies individually examined, 
excluding any zero and de minimis rates and any rates based entirely 
under section 776 of the Act.
    The Department calculated an individual estimated countervailable 
subsidy rate for Both-Well (Taizhou) Steel Fittings, Co., Ltd. (Both-
Well), the only individually examined exporter/producer in this 
investigation. Because the only individually calculated rate is not 
zero, de minimis, or based entirely under section 776 of the Act, the 
estimated weighted-average rate calculated for Both-Well is the rate 
assigned to all-other producers and exporters, pursuant to section 
705(c)(5)(A)(i) of the Act.

Preliminary Determination

    The Department preliminarily determines that the following 
estimated countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Both-Well (Taizhou) Steel Fittings, Co., Ltd................       13.79
All-Others..................................................       13.79
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the ``Scope of the Investigation'' section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), 
Commerce will instruct CBP to require a cash deposit equal to the rates 
indicated above.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\12\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the

[[Page 11172]]

case and rebuttal briefs, must submit a written request to the 
Assistant Secretary for Enforcement and Compliance, U.S. Department of 
Commerce within 30 days after the date of publication of this notice. 
Requests should contain the party's name, address, and telephone 
number, the number of participants, whether any participant is a 
foreign national, and a list of the issues to be discussed. If a 
request for a hearing is made, Commerce intends to hold the hearing at 
the U.S. Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230, at a time and date to be determined. Parties 
should confirm by telephone the date, time, and location of the hearing 
two days before the scheduled date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its determination. If the 
final determination is affirmative, the ITC will make its final 
determination before the later of 120 days after the date of this 
preliminary determination or 45 days after Commerce's final 
determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: March 7, 2018.
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 I

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 
specifications, subject fittings may also be 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.
    Also excluded are fittings certified to the following standards 
and specifications, so long as the fittings are not also 
manufactured to the specifications of ASME B16.11, MSS SP-79, and 
MSS SP-83, ASTM A105, ASTM A350 and ASTM A182:

 American Petroleum Institute (API) 5CT, API 5L, or API 11B
 Society of Automotive Engineering (SAE) J476, SAE J514, SAE 
J516, SAE J517, SAE J518, SAE J1026, SAE J1231, SAE J1453, SAE J1926 
or J2044
 Underwriter's Laboratories (UL) certified electrical 
conduit fittings
 ASTM A153, A536, A576, or A865
 Casing Conductor Connectors 16-42 inches in diameter made 
to proprietary specifications

    To be excluded from the scope, products must have the 
appropriate standard markings and/or be accompanied by documentation 
showing product compliance to the applicable standard, e.g., ``API 
5CT'' mark and/or a mill certification report.
    Subject carbon and alloy forged steel fittings are normally 
entered under Harmonized Tariff Schedule of the United States 
(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.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Injury Test
VII. Application of the CVD Law to Imports From China
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Subsidies Valuation
X. Benchmarks and Interest Rates
XI. Analysis of Programs
XII. Conclusion

[FR Doc. 2018-05154 Filed 3-13-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                               11170                       Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices

                                                 For those individuals who join by                       Dated: March 9, 2018.                               FOR FURTHER INFORMATION CONTACT:
                                               phone, the conference call operator will                David Mussatt,                                        Brian Smith or Janae Martin, AD/CVD
                                               ask callers to identify themselves, the                 Supervisory Chief, Regional Programs Unit.            Operations, Office VIII, Enforcement
                                               organization they are affiliated with (if               [FR Doc. 2018–05139 Filed 3–13–18; 8:45 am]           and Compliance, International Trade
                                               any), and an email address prior to                     BILLING CODE P
                                                                                                                                                             Administration, U.S. Department of
                                               placing callers into the conference                                                                           Commerce, 1401 Constitution Avenue
                                               room. Callers can expect to incur regular                                                                     NW, Washington, DC 20230; telephone:
                                               charges for calls they initiate over                                                                          (202) 482–1766 or (202) 482–0238,
                                                                                                       DEPARTMENT OF COMMERCE                                respectively.
                                               wireless lines, according to their
                                               wireless plan. The Commission will not                  Foreign-Trade Zones Board                             SUPPLEMENTARY INFORMATION:
                                               refund any incurred charges. Callers                                                                          Background
                                                                                                       [B–64–2017]
                                               will incur no charge for calls they
                                               initiate over land-line connections to                                                                           This preliminary determination is
                                                                                                       Foreign-Trade Zone (FTZ) 153—San                      made in accordance with section 703(b)
                                               the toll-free telephone number. Persons                 Diego, California; Authorization of                   of the Tariff Act of 1930, as amended
                                               with hearing impairments may also                       Production Activity; Plantronics, Inc.                (the Act). The Department published the
                                               follow the proceedings by first calling                 (Electronics/Telecommunications);                     notice of initiation of this investigation
                                               the Federal Relay Service at 1–800–877–                 San Diego, California                                 on November 1, 2017.1 On December 1,
                                               8339 and providing the Service with the                                                                       2017, the Department postponed the
                                               conference call number and conference                     On October 13, 2017, Plantronics,
                                                                                                                                                             preliminary determination of this
                                               ID number.                                              Inc., submitted a notification of
                                                                                                                                                             investigation by no later than 130 days
                                                                                                       proposed production activity to the FTZ
                                                 Members of the public are also                                                                              after the date on which Commerce
                                                                                                       Board for its facility within FTZ 153—
                                               entitled to submit written comments;                                                                          initiated this investigation.2
                                                                                                       Site 8, in San Diego, California.                        Commerce exercised its discretion to
                                               the comments must be received in the                      The notification was processed in
                                               regional office within 30 days following                                                                      toll all deadlines affected by the closure
                                                                                                       accordance with the regulations of the                of the Federal Government from January
                                               the meeting. Written comments may be                    FTZ Board (15 CFR part 400), including                20 through 22, 2018. If the new deadline
                                               mailed to the Regional Programs Unit                    notice in the Federal Register inviting               falls on a nonbusiness day, in
                                               Office, U.S. Commission on Civil Rights,                public comment (82 FR 49178, October                  accordance with Commerce’s practice,
                                               55 W. Monroe St., Suite 410, Chicago,                   24, 2017). On February 12, 2018, the                  the deadline will become the next
                                               IL 60615. They may also be faxed to the                 applicant was notified of the FTZ                     business day. The revised deadline for
                                               Commission at (312) 353–8324, or                        Board’s decision that no further review               the publication of the preliminary
                                               emailed to Carolyn Allen at callen@                     of the activity is warranted at this time.            determination of this investigation is
                                               usccr.gov. Persons who desire                           The production activity described in the              now March 7, 2018.3
                                               additional information may contact the                  notification was authorized, subject to                  For a complete description of the
                                               Regional Programs Unit Office at (312)                  the FTZ Act and the FTZ Board’s                       events that followed the initiation of
                                               353–8311.                                               regulations, including Section 400.14.                this investigation, see the Preliminary
                                                 Records generated from this meeting                     Dated: March 8, 2018.                               Decision Memorandum.4 A list of topics
                                               may be inspected and reproduced at the                  Andrew McGilvray,                                     discussed in the Preliminary Decision
                                               Regional Programs Unit Office, as they                  Executive Secretary.                                  Memorandum is included as Appendix
                                                                                                                                                             II to this notice. The Preliminary
                                               become available, both before and after                 [FR Doc. 2018–05147 Filed 3–13–18; 8:45 am]
                                                                                                                                                             Decision Memorandum is a public
                                               the meeting. Records of the meeting will                BILLING CODE 3510–DS–P
                                                                                                                                                             document and is on file electronically
                                               be available via www.facadatabase.gov                                                                         via Enforcement and Compliance’s
                                               under the Commission on Civil Rights,                                                                         Antidumping and Countervailing Duty
                                               Indiana Advisory Committee link                         DEPARTMENT OF COMMERCE
                                                                                                                                                             Centralized Electronic Service System
                                               (http://www.facadatabase.gov/                                                                                 (ACCESS). ACCESS is available to
                                                                                                       International Trade Administration
                                               committee/meetings.aspx?cid=247).                                                                             registered users at http://
                                               Persons interested in the work of this                  [C–570–068]                                           access.trade.gov, and is available to all
                                               Committee are directed to the
                                               Commission’s website, http://                           Forged Steel Fittings From the                           1 See Forged Steel Fittings from the People’s

                                               www.usccr.gov, or may contact the                       People’s Republic of China:                           Republic of China: Initiation of Countervailing Duty
                                                                                                       Preliminary Affirmative Countervailing                Investigation, 82 FR 50623 (November 1, 2017)
                                               Regional Programs Unit Office at the                                                                          (Initiation Notice).
                                               above email or street address.                          Duty Determination and Alignment of                      2 See Forged Steel Fittings from the People’s
                                                                                                       Final Determination With Final                        Republic of China: Postponement of Preliminary
                                                 This is the fourth in a series of public              Antidumping Duty Determination                        Determination of Countervailing Duty Investigation,
                                               meetings the Committee will hold on                                                                           82 FR 59584 (December 15, 2017).
                                               this topic. Please consult the Federal                  AGENCY:  Enforcement and Compliance,                     3 See Memorandum for The Record from

                                               Register or contact the Regional                        International Trade Administration,                   Christian Marsh, Deputy Assistant Secretary for
                                               Programs Unit for additional                            Department of Commerce.                               Enforcement and Compliance, performing the non-
                                                                                                                                                             exclusive functions and duties of the Assistant
                                               information on these meetings.                          SUMMARY: The Department of Commerce                   Secretary for Enforcement and Compliance,
                                                                                                       (Commerce) preliminarily determines                   ‘‘Deadlines Affected by the Shutdown of the
                                               Agenda
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       that countervailable subsidies are being              Federal Government,’’ dated January 23, 2018. All
                                                                                                                                                             deadlines in this segment of the proceeding have
                                               Welcome and Introductions                               provided to producers and exporters of                been extended by 3 days.
                                                                                                       forged steel fittings from the People’s                  4 See Memorandum, ‘‘Decision Memorandum for
                                               Public Comment: Voting Rights in
                                                                                                       Republic of China (China). The period                 the Preliminary Determination of the
                                                 Indiana                                               of investigation is January 1, 2016,                  Countervailing Duty Investigation of Forged Steel
                                               Closing Statements                                                                                            Fittings from the People’s Republic of China,’’ dated
                                                                                                       through December 31, 2016.                            concurrently with, and hereby adopted by, this
                                               Adjournment                                             DATES: Applicable March 14, 2018.                     notice (Preliminary Decision Memorandum).



                                          VerDate Sep<11>2014   18:17 Mar 13, 2018   Jkt 244001   PO 00000   Frm 00003   Fmt 4703   Sfmt 4703   E:\FR\FM\14MRN1.SGM   14MRN1


                                                                           Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices                                                              11171

                                               parties in the Central Records Unit,                    gives rise to a benefit to the recipient,              Preliminary Determination
                                               room B8024 of the main Department of                    and that the subsidy is specific.9                       The Department preliminarily
                                               Commerce building. In addition, a                          Commerce notes that, in making these                determines that the following estimated
                                               complete version of the Preliminary                     findings, it relied, in part, on facts                 countervailable subsidy rates exist:
                                               Decision Memorandum can be accessed                     available and, because it finds that one
                                               directly at http://enforcement.trade.gov/               or more respondents did not act to the                                                                    Subsidy
                                               frn/. The signed and electronic versions                best of their ability to respond to                                    Company                             rate
                                               of the Preliminary Decision                             Commerce’s requests for information, it                                                                  (percent)
                                               Memorandum are identical in content.                    drew an adverse inference where
                                                                                                       appropriate in selecting from among the                Both-Well (Taizhou) Steel Fit-
                                               Scope of the Investigation                                                                                       tings, Co., Ltd ..........................          13.79
                                                                                                       facts otherwise available.10 For further
                                                                                                                                                              All-Others ....................................       13.79
                                                                                                       information, see ‘‘Use of Facts
                                                  The products covered by this
                                                                                                       Otherwise Available and Adverse
                                               investigation are forged steel fittings                                                                        Suspension of Liquidation
                                                                                                       Inferences’’ in the Preliminary Decision
                                               from China. For a complete description                                                                            In accordance with section
                                                                                                       Memorandum.
                                               of the scope of this investigation, see                                                                        703(d)(1)(B) and (d)(2) of the Act,
                                               Appendix I.                                             Alignment                                              Commerce will direct U.S. Customs and
                                               Scope Comments                                             As noted in the Preliminary Decision                Border Protection (CBP) to suspend
                                                                                                       Memorandum, in accordance with                         liquidation of entries of subject
                                                  In accordance with the preamble to                   section 705(a)(1) of the Act and 19 CFR                merchandise as described in the ‘‘Scope
                                               Commerce’s regulations,5 the Initiation                 351.210(b)(4), Commerce is aligning the                of the Investigation’’ section entered, or
                                               Notice set aside a period of time for                   final countervailing duty (CVD)                        withdrawn from warehouse, for
                                               parties to raise issues regarding product               determination in this investigation with               consumption on or after the date of
                                               coverage, (i.e., scope).6 Certain                       the final determination in the                         publication of this notice in the Federal
                                               interested parties commented on the                     companion antidumping duty (AD)                        Register. Further, pursuant to 19 CFR
                                               scope of the investigation as it appeared               investigation of forged steel fittings from            351.205(d), Commerce will instruct CBP
                                               in the Initiation Notice.                               China based on a request made by the                   to require a cash deposit equal to the
                                                  For a summary of the product                         petitioners.11 Consequently, the final                 rates indicated above.
                                               coverage comments and rebuttal                          CVD determination will be issued on
                                                                                                       the same date as the final AD                          Disclosure
                                               responses submitted to the record for
                                                                                                       determination, which is currently                        Commerce intends to disclose its
                                               this preliminary determination, and
                                                                                                       scheduled to be issued no later than July              calculations and analysis performed to
                                               accompanying discussion and analysis
                                                                                                       23, 2018, unless postponed.                            interested parties in this preliminary
                                               of all comments timely received, see the
                                                                                                                                                              determination within five days of its
                                               Preliminary Scope Decision                              All-Others Rate
                                                                                                                                                              public announcement, or if there is no
                                               Memorandum.7 The Department is                            Sections 703(d) and 705(c)(5)(A) of                  public announcement, within five days
                                               preliminarily modifying the scope                       the Act provide that in the preliminary                of the date of this notice in accordance
                                               language as it appeared in the Initiation               determination, the Department shall                    with 19 CFR 351.224(b).
                                               Notice.8 As stated in the Preliminary                   determine an estimated all-others rate
                                               Scope Decision Memorandum, all                          for companies not individually                         Verification
                                               interested parties are invited to                       examined. This rate shall be an amount                    As provided in section 782(i)(1) of the
                                               comment on the proposed modifications                   equal to the weighted average of the                   Act, Commerce intends to verify the
                                               no later than March 19, 2018; rebuttal                  estimated subsidy rates established for                information relied upon in making its
                                               comments are due no later than March                    those companies individually                           final determination.
                                               26, 2018. Such comments must be filed                   examined, excluding any zero and de
                                               via ACCESS on the records of this                                                                              Public Comment
                                                                                                       minimis rates and any rates based
                                               countervailing duty investigation and                   entirely under section 776 of the Act.                    Case briefs or other written comments
                                               the concurrent antidumping duty                           The Department calculated an                         may be submitted to the Assistant
                                               investigations of forged steel fittings                 individual estimated countervailable                   Secretary for Enforcement and
                                               from China, Italy and Taiwan.                           subsidy rate for Both-Well (Taizhou)                   Compliance no later than seven days
                                                                                                       Steel Fittings, Co., Ltd. (Both-Well), the             after the date on which the last
                                               Methodology
                                                                                                       only individually examined exporter/                   verification report is issued in this
                                                 Commerce is conducting this                           producer in this investigation. Because                investigation. Rebuttal briefs, limited to
                                               investigation in accordance with section                the only individually calculated rate is               issues raised in case briefs, may be
                                               701 of the Act. For each of the subsidy                 not zero, de minimis, or based entirely                submitted no later than five days after
                                               programs found countervailable,                         under section 776 of the Act, the                      the deadline date for case briefs.12
                                               Commerce preliminarily determines                       estimated weighted-average rate                        Pursuant to 19 CFR 351.309(c)(2) and
                                               that there is a subsidy, i.e., a financial              calculated for Both-Well is the rate                   (d)(2), parties who submit case briefs or
                                               contribution by an ‘‘authority’’ that                   assigned to all-other producers and                    rebuttal briefs in this investigation are
                                                                                                       exporters, pursuant to section                         encouraged to submit with each
                                                 5 See Antidumping Duties; Countervailing Duties,      705(c)(5)(A)(i) of the Act.                            argument: (1) A statement of the issue;
                                               Final Rule, 62 FR 27296, 27323 (May 19, 1997).                                                                 (2) a brief summary of the argument;
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                                                 6 See Initiation Notice.                                9 See sections 771(5)(B) and (D) of the Act          and (3) a table of authorities.
                                                 7 See Memorandum, ‘‘Certain Forged Steel              regarding financial contribution; section 771(5)(E)       Pursuant to 19 CFR 351.310(c),
                                               Fittings from China, Italy, and Taiwan: Scope           of the Act regarding benefit; and section 771(5A) of
                                                                                                       the Act regarding specificity.
                                                                                                                                                              interested parties who wish to request a
                                               Comments Decision Memorandum for the
                                               Preliminary Determinations,’’ dated concurrently          10 See sections 776(a) and (b) of the Act.           hearing, limited to issues raised in the
                                               with this notice (Preliminary Scope Decision              11 See Letter from the petitioners, ‘‘Forged Steel
                                               Memorandum).                                            Fittings from the People’s Republic of China:             12 See 19 CFR 351.309; see also 19 CFR 351.303
                                                 8 See Appendix I.                                     Request for Alignment,’’ dated January 10, 2018.       (for general filing requirements).



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                                               11172                       Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices

                                               case and rebuttal briefs, must submit a                 specifications, subject fittings may also be          DEPARTMENT OF COMMERCE
                                               written request to the Assistant                        machined from bar stock or machined from
                                               Secretary for Enforcement and                           seamless pipe and tube.                               International Trade Administration
                                               Compliance, U.S. Department of                             All types of fittings are included in the
                                                                                                       scope regardless of nominal pipe size (which          [A–552–814]
                                               Commerce within 30 days after the date
                                               of publication of this notice. Requests                 may or may not be expressed in inches of
                                                                                                                                                             Utility Scale Wind Towers From the
                                               should contain the party’s name,                        nominal pipe size), pressure rating (usually,
                                                                                                                                                             Socialist Republic of Vietnam: Final
                                               address, and telephone number, the                      but not necessarily expressed in pounds of
                                                                                                       pressure, e.g., 2,000 or 2M; 3,000 or 3M;
                                                                                                                                                             Determination of No Shipments;
                                               number of participants, whether any                                                                           Antidumping Duty Administrative
                                                                                                       6,000 or 6M; 9,000 or 9M), wall thickness,
                                               participant is a foreign national, and a                                                                      Review; 2016–2017
                                                                                                       and whether or not heat treated.
                                               list of the issues to be discussed. If a
                                                                                                          Excluded from this scope are all fittings          AGENCY:  Enforcement and Compliance,
                                               request for a hearing is made, Commerce                 entirely made of stainless steel. Also
                                               intends to hold the hearing at the U.S.                                                                       International Trade Administration,
                                                                                                       excluded are flanges, butt weld fittings, and         Department of Commerce.
                                               Department of Commerce, 1401                            nipples.
                                               Constitution Avenue NW, Washington,                                                                           SUMMARY: The Department of Commerce
                                                                                                          Also excluded are fittings certified to the        (Commerce) is issuing a final no
                                               DC 20230, at a time and date to be                      following standards and specifications, so
                                               determined. Parties should confirm by                                                                         shipments determination in the final
                                                                                                       long as the fittings are not also manufactured
                                               telephone the date, time, and location of                                                                     results of the antidumping duty
                                                                                                       to the specifications of ASME B16.11, MSS
                                               the hearing two days before the                                                                               administrative review on utility scale
                                                                                                       SP–79, and MSS SP–83, ASTM A105, ASTM
                                               scheduled date.                                         A350 and ASTM A182:
                                                                                                                                                             wind towers (wind towers) from the
                                                                                                                                                             Socialist Republic of Vietnam (Vietnam)
                                               International Trade Commission                          • American Petroleum Institute (API) 5CT,
                                                                                                                                                             because Commerce continues to find
                                               Notification                                               API 5L, or API 11B
                                                                                                                                                             that CS Wind Group did not have any
                                                                                                       • Society of Automotive Engineering (SAE)
                                                  In accordance with section 703(f) of                                                                       shipments of subject merchandise by CS
                                                                                                          J476, SAE J514, SAE J516, SAE J517, SAE
                                               the Act, Commerce will notify the                          J518, SAE J1026, SAE J1231, SAE J1453,
                                                                                                                                                             Wind Group during the period of review
                                               International Trade Commission (ITC) of                    SAE J1926 or J2044                                 (POR). This review covers CS Wind
                                               its determination. If the final                         • Underwriter’s Laboratories (UL) certified           Group where the company was the
                                               determination is affirmative, the ITC                      electrical conduit fittings                        producer but not the exporter, or the
                                               will make its final determination before                • ASTM A153, A536, A576, or A865                      exporter but not the producer of subject
                                               the later of 120 days after the date of this            • Casing Conductor Connectors 16–42 inches            merchandise.
                                               preliminary determination or 45 days                       in diameter made to proprietary                    DATES: Applicable March 14, 2018.
                                               after Commerce’s final determination.                      specifications                                     FOR FURTHER INFORMATION CONTACT:
                                               Notification to Interested Parties                         To be excluded from the scope, products            Trisha Tran, AD/CVD Operations, Office
                                                                                                       must have the appropriate standard markings           IV, Enforcement and Compliance,
                                                 This determination is issued and                      and/or be accompanied by documentation                International Trade Administration,
                                               published pursuant to sections 703(f)                   showing product compliance to the                     U.S. Department of Commerce, 1401
                                               and 777(i) of the Act and 19 CFR                        applicable standard, e.g., ‘‘API 5CT’’ mark           Constitution Avenue NW, Washington,
                                               351.205(c).                                             and/or a mill certification report.                   DC 20230; telephone: (202) 482–4852.
                                                 Dated: March 7, 2018.                                    Subject carbon and alloy forged steel
                                                                                                                                                             SUPPLEMENTARY INFORMATION:
                                               Gary Taverman,                                          fittings are normally entered under
                                               Deputy Assistant Secretary for Antidumping              Harmonized Tariff Schedule of the United              Background
                                               and Countervailing Duty Operations,                     States (HTSUS) 7307.99.1000, 7307.99.3000,
                                                                                                                                                               On May 31, 2017, Commerce
                                               performing the non-exclusive functions and              7307.99.5045, and 7307.99.5060. They also
                                                                                                                                                             published its Amended Initiation
                                               duties of the Assistant Secretary for                   may be entered under HTSUS 7307.92.3010,
                                                                                                       7307.92.3030, 7307.92.9000, and
                                                                                                                                                             Notice.1 According to the Amended
                                               Enforcement and Compliance.
                                                                                                       7326.19.0010. The HTSUS subheadings and
                                                                                                                                                             Initiation Notice, Commerce stated it
                                               Appendix I                                              specifications are provided for convenience           was initiating an administrative review
                                                                                                       and customs purposes; the written                     only on entries where CS Wind Group
                                               Scope of the Investigation
                                                  The merchandise covered by this                      description of the scope is dispositive.
                                                                                                                                                               1 See Utility Scale Wind Towers from the Socialist
                                               investigation is carbon and alloy forged steel          Appendix II                                           Republic of Vietnam: Notice of Amended Initiation
                                               fittings, whether unfinished (commonly                                                                        of Antidumping Duty Administrative Review; 2016–
                                               known as blanks or rough forgings) or                   List of Topics Discussed in the Preliminary           2017, 82 FR 24943 (May 31, 2017) (Amended
                                               finished. Such fittings are made in a variety           Decision Memorandum                                   Initiation Notice). In the Amended Initiation Notice,
                                               of shapes including, but not limited to,                                                                      Commerce stated that it inadvertently initiated an
                                                                                                       I. Summary                                            administrative review on all entries of merchandise
                                               elbows, tees, crosses, laterals, couplings,
                                                                                                       II. Background                                        exported by CS Wind Group. Because wind towers
                                               reducers, caps, plugs, bushings and unions.
                                               Forged steel fittings are covered regardless of         III. Scope Comments                                   that are produced and exported by CS Wind Group
                                                                                                       IV. Scope of the Investigation                        were excluded from the antidumping duty order on
                                               end finish, whether threaded, socket-weld or                                                                  wind towers from Vietnam effective March 26,
                                               other end connections.                                  V. Alignment
                                                                                                                                                             2017, Commerce clarified in the Amended
                                                  While these fittings are generally                   VI. Injury Test                                       Initiation Notice that we should only have initiated
                                               manufactured to specifications ASME                     VII. Application of the CVD Law to Imports            the administrative review on wind towers produced
                                               B16.11, MSS SP–79, and MSS SP–83, ASTM                        From China                                      in Vietnam with respect to the CS Wind Group
                                               A105, ASTM A350 and ASTM A182, the                      VIII. Use of Facts Otherwise Available and            where CS Wind Group was (1) the producer but not
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                                               scope is not limited to fittings made to these                Adverse Inferences                              the exporter, or (2) the exporter but not the
                                               specifications.                                                                                               producer. To correct this error in the Initiation
                                                                                                       IX. Subsidies Valuation                               Notice, Commerce explained it was issuing the
                                                  The term forged is an industry term used             X. Benchmarks and Interest Rates                      Amended Initiation Notice with respect to the CS
                                               to describe a class of products included in             XI. Analysis of Programs                              Wind Group. More specifically, Commerce stated it
                                               applicable standards, and does not reference            XII. Conclusion                                       was initiating an administrative review only on
                                               an exclusive manufacturing process. Forged                                                                    entries where CS Wind Group was (1) the producer
                                               steel fittings are not manufactured from                [FR Doc. 2018–05154 Filed 3–13–18; 8:45 am]           but not the exporter, or (2) the exporter but not the
                                               casting. Pursuant to the applicable                     BILLING CODE 3510–DS–P                                producer of subject merchandise.



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Document Created: 2018-03-14 01:07:02
Document Modified: 2018-03-14 01:07:02
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 March 14, 2018.
ContactBrian Smith or Janae Martin, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1766 or (202) 482-0238, respectively.
FR Citation83 FR 11170 

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