83 FR 2768 - Cast Iron Soil Pipe Fittings From China: Amended Preliminary Determination of Countervailing Duty Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 13 (January 19, 2018)

Page Range		2768-2769
FR Document		2018-00924

On December 19, 2017, the Department of Commerce (Commerce) published in the Federal Register the preliminary determination of the countervailing duty (CVD) investigation on cast iron soil pipe fittings from the People's Republic of China (China). Commerce is amending the preliminary determination of the investigation to correct a significant ministerial error.

Federal Register, Volume 83 Issue 13 (Friday, January 19, 2018)

[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)]
[Notices]
[Pages 2768-2769]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00924]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-063]


Cast Iron Soil Pipe Fittings From China: Amended Preliminary 
Determination of Countervailing Duty Investigation

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

SUMMARY: On December 19, 2017, the Department of Commerce (Commerce) 
published in the Federal Register the preliminary determination of the 
countervailing duty (CVD) investigation on cast iron soil pipe fittings 
from the People's Republic of China (China). Commerce is amending the 
preliminary determination of the investigation to correct a significant 
ministerial error.

[[Page 2769]]


DATES: Applicable December 19, 2017.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or Jinny Ahn, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5973 
or (202) 482-0339, respectively.

SUPPLEMENTARY INFORMATION: On December 19, 2017, Commerce published in 
the Federal Register the preliminary determination of the CVD 
investigation of cast iron soil pipe fittings from China.\1\ On 
December 18, 2017, Wor-Biz International Trading Co., Ltd. (Anhui) 
(Wor-Biz) timely alleged that Commerce made a significant ministerial 
error in the Preliminary Determination.
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    \1\ See Cast Iron Soil Pipe Fittings from the People's Republic 
of China: Preliminary Affirmative Countervailing Duty Determination 
and Alignment of Final Determination With Final Antidumping Duty 
Determination, 82 FR 60178 (December 19, 2017) (Preliminary 
Determination) and accompanying Preliminary Decision Memorandum.
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Significant Ministerial Error

    A ministerial error, as defined in section 705(e) of the Tariff Act 
of 1930, as amended (the Act), includes ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other type 
of unintentional error which the administering authority considers 
ministerial.'' \2\ With respect to preliminary determinations, 19 CFR 
351.224(e) provides that Commerce ``will analyze any comments received 
and, if appropriate, correct any significant ministerial error by 
amending the preliminary determination. . . .'' A significant 
ministerial error is defined as an error, the correction of which, 
singly or in combination with other errors, would result in: (1) A 
change of at least five absolute percentage points in, but not less 
than 25 percent of, the countervailable subsidy rate calculated in the 
original (erroneous) preliminary determination; or (2) a difference 
between a countervailable subsidy rate of zero (or de minimis) and a 
countervailable subsidy rate of greater than de minimis, or vice 
versa.\3\
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    \2\ See also 19 CFR 351.224(f).
    \3\ See 19 CFR 351.224(g)(1) and (2).
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Ministerial Error Allegation

    Wor-Biz alleges that, in the Preliminary Determination, Commerce 
erred in calculating the benchmark prices for the Provision of Pig Iron 
for LTAR and the Provision of Ferrous Scrap for LTAR programs by 
unintentionally double-counting the distance for inland freight. We 
agree. Therefore, as explained in the Ministerial Error Memorandum 
issued concurrently with this notice,\4\ and pursuant to 19 CFR 
351.224(e) and (g), Commerce is amending the Preliminary Determination 
to reflect the correction of a significant ministerial error made in 
the calculation of the subsidy rate for Wor-Biz.
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    \4\ See Memorandum ``Countervailing Duty Investigation of Cast 
Iron Soil Pipe Fittings from China: Allegation of Significant 
Ministerial Error in the Preliminary Determination,'' dated 
concurrently with this notice (Ministerial Error Memorandum). This 
memorandum 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 
parties in the Central Records Unit, room B8024 of the main 
Department of Commerce building.
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Amended Preliminary Determination

    We are amending the preliminary subsidy rate for Wor-Biz pursuant 
to 19 CFR 351.224(e). In addition, because the preliminary ``All-
Others'' Rate was based on the weighted average of the subsidy rates 
calculated for Wor-Biz and Shanxi Xuanshi Industrial Group Co., Ltd,\5\ 
we are also amending the ``All-Others'' rate to account for the change 
in Wor-Biz's subsidy rate. Further, because the adverse facts available 
rate assigned to the non-cooperative respondent Shijiazhuang Chengmei 
Import & Export Co., Ltd. was determined using, in part, the highest 
calculated program-specific rates determined for the cooperating 
respondents,\6\ we are also amending the adverse facts available rate 
to account for our correction of Wor-Biz's Provision of Pig Iron for 
LTAR and Provision of Ferrous Scrap for LTAR program rates.\7\ The 
revised subsidy rates are as follows:
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    \5\ See Preliminary Determination, 82 FR at 60179.
    \6\ For further explanation, see Preliminary Determination and 
accompanying Preliminary Decision Memorandum at ``Use of Facts 
Otherwise Available and Adverse Inferences.''
    \7\ See Ministerial Error Memorandum for additional information 
on the revised adverse facts available rate.
    \8\ This rate remains unchanged from the Preliminary 
Determination.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Shanxi Xuanshi Industrial Group Co., Ltd................        \8\ 8.66
Wor-Biz International Trading Co., Ltd. (Anhui).........            7.37
All-Others..............................................            8.12
Shijiazhuang Chengmei Import & Export Co., Ltd..........           96.96
------------------------------------------------------------------------

    This amended preliminary determination is published in accordance 
with sections 705(e) and 777(i)(1) of the Act and 19 CFR 351.224(e) and 
(g).

    Dated: January 12, 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.
[FR Doc. 2018-00924 Filed 1-18-18; 8:45 am]
 BILLING CODE 3510-DS-P

2768 Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Notices

standards, and safety management determination is due no later than that Commerce is investigating in this
systems. February 1, 2018. proceeding, many of which involve
complex methodological issues, and the
Public Comment Postponement of Preliminary
large number of mandatory respondents
Determination
The time provided for public and their cross-owned entities that are
statements will depend upon the Section 703(b)(1) of the Tariff Act of participating in this investigation,
number of people who wish to speak. 1930, as amended (the Act), requires Commerce determines that this
Speakers should assume that their Commerce to issue the preliminary investigation is extraordinarily
presentations will be limited to three determination in a countervailing duty complicated and additional time is
minutes or less, but commenters may investigation within 65 days after the necessary to issue a preliminary
submit written statements for the date on which Commerce initiated the determination.
record. investigation. However, section Therefore, in accordance with section
703(c)(1) of the Act permits Commerce 703(c)(1)(B) of the Act, Commerce is
Contact Person for Further Information to postpone the preliminary postponing the deadline for the
Hillary Cohen, Communications determination until no later than 130 preliminary determination to no later
Manager, at public@csb.gov or (202) days after the date on which Commerce than 130 days after the date on which
446–8094. Further information about initiated the investigation if: (A) The the investigation was initiated, i.e.,
this public meeting can be found on the petitioner makes a timely request for a April 9, 2018.6 Pursuant to section
CSB website at: www.csb.gov. postponement; or (B) Commerce 705(a)(1) of the Act and 19 CFR
concludes that the parties concerned are 351.210(b)(1), the deadline for the final
Dated: January 17, 2018. cooperating, and determines that the determination of this investigation will
Raymond Porfiri, investigation is extraordinarily continue to be 75 days after the date of
Deputy General Counsel, Chemical Safety and complicated, and that additional time is the preliminary determination.
Hazard Investigation Board. necessary to make a preliminary This notice is issued and published
[FR Doc. 2018–01066 Filed 1–17–18; 4:15 pm] determination. pursuant to section 703(c)(2) of the Act
BILLING CODE 6350–01–P As described in the Initiation Notice, and 19 CFR 351.205(f)(1).
Commerce self-initiated this Dated: January 12, 2018.
investigation under section 702(a) of the
Gary Taverman,
Act on the basis of information available
DEPARTMENT OF COMMERCE Deputy Assistant Secretary for Antidumping
to it pertaining to 26 subsidy programs.2
and Countervailing Duty Operations,
On December 20, 2017, Commerce performing the non-exclusive functions and
International Trade Administration selected mandatory respondents to this duties of the Assistant Secretary for
CVD investigation and issued Enforcement and Compliance.
[C–570–074] countervailing duty questionnaires.3 On [FR Doc. 2018–00922 Filed 1–18–18; 8:45 am]
January 8, 2018, we received responses BILLING CODE 3510–DS–P
Common Alloy Aluminum Sheet From to the affiliation section of the CVD
the People’s Republic of China: questionnaire from mandatory
Postponement of Preliminary respondents Henan Mingtai Aluminum DEPARTMENT OF COMMERCE
Determination in the Countervailing Industrial Co. Ltd. (Henan Mingtai);
Duty Investigation Yong Jie New Material Co. Ltd. (Yong Jie International Trade Administration
New Material); and Zhengzhou Mingtai
AGENCY: Enforcement and Compliance, [C–570–063]
Industry Co Ltd. (Zhengzhou Mingtai).4
International Trade Administration, In their responses, Henan Mingtai, Yong
Department of Commerce. Cast Iron Soil Pipe Fittings From
Jie New Material, and Zhengzhou China: Amended Preliminary
DATES: Applicable January 19, 2018. Mingtai stated that they intend to Determination of Countervailing Duty
FOR FURTHER INFORMATION CONTACT: provide complete questionnaire Investigation
Yasmin Bordas at (202) 482–3813, Lana responses on behalf of themselves and
Nigro at (202) 482–1779, and John multiple cross-owned entities.5 Given AGENCY: Enforcement and Compliance,
Anwesen at (202) 482–0131, AD/CVD the large number of subsidy programs International Trade Administration,
Operations, Enforcement and Department of Commerce.
Compliance, International Trade 2 See Initiation Notice, and accompanying SUMMARY: On December 19, 2017, the
Administration, U.S. Department of Supporting Memorandum for the Initiation of Department of Commerce (Commerce)
Countervailing Duty Investigation of Common Alloy published in the Federal Register the
Commerce, 1401 Constitution Avenue Aluminum Sheet from the People’s Republic of
NW, Washington, DC 20230. China (CVD Initiation Memo), dated November 28, preliminary determination of the
2017. countervailing duty (CVD) investigation
SUPPLEMENTARY INFORMATION: 3 See Memorandum, re: Countervailing Duty on cast iron soil pipe fittings from the
Background Investigation of Common Alloy Aluminum Sheet People’s Republic of China (China).
from the People’s Republic of China: Respondent Commerce is amending the preliminary
On November 28, 2017, the Selection, dated December 20, 2017. See also
determination of the investigation to
Department of Commerce (Commerce) Commerce Letter, ‘‘Countervailing Duty
Investigation of Common Alloy Aluminum Sheet correct a significant ministerial error.
self-initiated a countervailing duty from the People’s Republic of China: Countervailing
(CVD) investigation of common alloy Duty Questionnaire,’’ dated December 20, 2017. 6 Postponing the preliminary determination to
daltland on DSKBBV9HB2PROD with NOTICES

aluminum sheet (common alloy sheet) 4 See Letter from Henan Mingtai and Zhengzhou
130 days after initiation would place the deadline
from the People’s Republic of China.1 Mingtai, ‘‘Common Alloy Aluminum Sheet from the on Saturday, April 7, 2018. Commerce’s practice
People’s Republic of China: Mingtai CVD Section III dictates that where a deadline falls on a weekend
Currently, the preliminary Affiliation Response,’’ dated January 8, 2018; Letter or federal holiday, the appropriate deadline is the
from Yong Jie New Material, ‘‘Common Alloy next business day. See Notice of Clarification:
1 See Common Alloy Aluminum Sheet from the Aluminum Sheet from the People’s Republic of Application of ‘‘Next Business Day’’ Rule for
People’s Republic of China: Initiation of Less-Than- China: Yong Jie New Material CVD Section III Administrative Determination Deadlines Pursuant
Fair-Value and Countervailing Duty Investigations, Affiliation Response,’’ dated January 8, 2018. to the Tariff Act of 1930, As Amended, 70 FR 24533
82 FR 57214 (December 4, 2017) (Initiation Notice). 5 Id. (May 10, 2005).

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Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Notices 2769

DATES: Applicable December 19, 2017. Scrap for LTAR programs by This amended preliminary
FOR FURTHER INFORMATION CONTACT: unintentionally double-counting the determination is published in
Dennis McClure or Jinny Ahn, AD/CVD distance for inland freight. We agree. accordance with sections 705(e) and
Operations, Office VIII, Enforcement Therefore, as explained in the 777(i)(1) of the Act and 19 CFR
and Compliance, International Trade Ministerial Error Memorandum issued 351.224(e) and (g).
Administration, Department of concurrently with this notice,4 and Dated: January 12, 2018.
Commerce, 14th Street and Constitution pursuant to 19 CFR 351.224(e) and (g), Gary Taverman,
Avenue NW, Washington, DC 20230; Commerce is amending the Preliminary
Deputy Assistant Secretary for Antidumping
telephone: (202) 482–5973 or (202) 482– Determination to reflect the correction and Countervailing Duty Operations,
0339, respectively. of a significant ministerial error made in performing the non-exclusive functions and
SUPPLEMENTARY INFORMATION: On the calculation of the subsidy rate for duties of the Assistant Secretary for
December 19, 2017, Commerce Wor-Biz. Enforcement and Compliance.
published in the Federal Register the Amended Preliminary Determination [FR Doc. 2018–00924 Filed 1–18–18; 8:45 am]
preliminary determination of the CVD BILLING CODE 3510–DS–P
investigation of cast iron soil pipe We are amending the preliminary
fittings from China.1 On December 18, subsidy rate for Wor-Biz pursuant to 19
2017, Wor-Biz International Trading CFR 351.224(e). In addition, because the DEPARTMENT OF COMMERCE
Co., Ltd. (Anhui) (Wor-Biz) timely preliminary ‘‘All-Others’’ Rate was
alleged that Commerce made a based on the weighted average of the International Trade Administration
significant ministerial error in the subsidy rates calculated for Wor-Biz and [A–475–818]
Preliminary Determination. Shanxi Xuanshi Industrial Group Co.,
Significant Ministerial Error Ltd,5 we are also amending the ‘‘All- Certain Pasta From Italy: Notice of
Others’’ rate to account for the change Partial Rescission of Antidumping
A ministerial error, as defined in in Wor-Biz’s subsidy rate. Further, Duty Administrative Review
section 705(e) of the Tariff Act of 1930, because the adverse facts available rate
as amended (the Act), includes ‘‘errors AGENCY: Enforcement and Compliance,
assigned to the non-cooperative International Trade Administration,
in addition, subtraction, or other respondent Shijiazhuang Chengmei
arithmetic function, clerical errors Department of Commerce.
Import & Export Co., Ltd. was
resulting from inaccurate copying, DATES: Applicable January 19, 2018.
determined using, in part, the highest
duplication, or the like, and any other calculated program-specific rates FOR FURTHER INFORMATION CONTACT: Joy
type of unintentional error which the determined for the cooperating Zhang or George McMahon, AD/CVD
administering authority considers respondents,6 we are also amending the Operations, Office III, Enforcement and
ministerial.’’ 2 With respect to Compliance, International Trade
adverse facts available rate to account
preliminary determinations, 19 CFR for our correction of Wor-Biz’s Provision Administration, U.S. Department of
351.224(e) provides that Commerce of Pig Iron for LTAR and Provision of Commerce, 1401 Constitution Avenue
‘‘will analyze any comments received Ferrous Scrap for LTAR program rates.7 NW, Washington, DC 20230; telephone:
and, if appropriate, correct any (202) 482–1168 or (202) 482–1167,
The revised subsidy rates are as follows:
significant ministerial error by respectively.
amending the preliminary
Company Subsidy rate SUPPLEMENTARY INFORMATION:
determination. . . .’’ A significant (percent)
ministerial error is defined as an error, Background
the correction of which, singly or in Shanxi Xuanshi Industrial On July 3, 2017, the Department of
combination with other errors, would Group Co., Ltd .................. 8 8.66
Commerce (Commerce) published a
result in: (1) A change of at least five Wor-Biz International Trading notice of opportunity to request an
absolute percentage points in, but not Co., Ltd. (Anhui) ................ 7.37
administrative review of the
less than 25 percent of, the All-Others .............................. 8.12
antidumping duty order on certain pasta
countervailable subsidy rate calculated Shijiazhuang Chengmei Im-
96.96 from Italy. Pursuant to requests from
1
in the original (erroneous) preliminary port & Export Co., Ltd .......
interested parties,2 Commerce
determination; or (2) a difference published in the Federal Register the
between a countervailable subsidy rate 4 See Memorandum ‘‘Countervailing Duty notice of initiation of this antidumping
of zero (or de minimis) and a Investigation of Cast Iron Soil Pipe Fittings from duty administrative review with respect
countervailable subsidy rate of greater China: Allegation of Significant Ministerial Error in
to the following companies for the
than de minimis, or vice versa.3 the Preliminary Determination,’’ dated concurrently
with this notice (Ministerial Error Memorandum). period July 1, 2016, through June 30,
Ministerial Error Allegation This memorandum is on file electronically via 2017: Agritalia S.r.L. (Agritalia), Alessio
Enforcement and Compliance’s Antidumping and
Wor-Biz alleges that, in the Countervailing Duty Centralized Electronic Service 1 See Antidumping or Countervailing Duty Order,
Preliminary Determination, Commerce System (ACCESS). ACCESS is available to Finding, or Suspended Investigation; Opportunity
erred in calculating the benchmark registered users at http://access.trade.gov, and is To Request Administrative Review, 82 FR 30833
available to all parties in the Central Records Unit, (July 3, 2017).
prices for the Provision of Pig Iron for room B8024 of the main Department of Commerce 2 The petitioners are Dakota Growers Pasta
LTAR and the Provision of Ferrous building.
5 See Preliminary Determination, 82 FR at 60179.
Company, Riviana Foods (formerly New World
Pasta Company) and Treehouse Foods (formerly
daltland on DSKBBV9HB2PROD with NOTICES

1 See Cast Iron Soil Pipe Fittings from the People’s 6 For further explanation, see Preliminary
American Italian Pasta Company). The petitioners
Republic of China: Preliminary Affirmative Determination and accompanying Preliminary requested a review of Industria Alimentare Colavita
Countervailing Duty Determination and Alignment Decision Memorandum at ‘‘Use of Facts Otherwise S.p.A., Ghigi Industria Agroalimentare in San
of Final Determination With Final Antidumping Available and Adverse Inferences.’’ Clemente S.r.l. and its affiliate Pasta Zara S.p.A.,
Duty Determination, 82 FR 60178 (December 19, 7 See Ministerial Error Memorandum for
and Agritalia S.r.L. See Letter from the petitioners
2017) (Preliminary Determination) and additional information on the revised adverse facts to Commerce, ‘‘Request for 2016–2017
accompanying Preliminary Decision Memorandum. available rate. Administrative Reviews of the Antidumping Duty
2 See also 19 CFR 351.224(f). 8 This rate remains unchanged from the Order on Certain Pasta from ltaly,’’ dated July 31,
3 See 19 CFR 351.224(g)(1) and (2). Preliminary Determination. 2017.

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Document Created: 2018-01-19 02:42:35
Document Modified: 2018-01-19 02:42:35

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		Applicable December 19, 2017.
Contact		Dennis McClure or Jinny Ahn, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-5973 or (202) 482-0339, respectively.
FR Citation		83 FR 2768

83 FR 2768 - Cast Iron Soil Pipe Fittings From China: Amended Preliminary Determination of Countervailing Duty Investigation

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 83, Issue 13 (January 19, 2018)

DEPARTMENT OF COMMERCE
International Trade Administration