83 FR 33205 - Cast Iron Soil Pipe Fittings From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Final Determination of Critical Circumstances, in Part
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 137 (July 17, 2018)
International Trade Administration
Federal Register Volume 83, Issue 137 (July 17, 2018)
| Page Range | 33205-33208 | |
| FR Document | 2018-14925 |
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)] [Notices] [Pages 33205-33208] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14925] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-062] Cast Iron Soil Pipe Fittings From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Final Determination of Critical Circumstances, in Part AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that cast iron soil pipe fittings from the People's Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is January 1, 2017, through June 30, 2017. DATES: Applicable July 17, 2018. FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Denisa Ursu, 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) 482-6478 and (202) 482-2285 respectively. SUPPLEMENTARY INFORMATION: Background On February 20, 2018, Commerce published in the Federal Register the Preliminary Determination in the LTFV investigation of cast iron soil pipe fittings from China.\1\ The mandatory respondents in this investigation are Shanxi Xuanshi Industrial Group Co. Ltd. (Xuanshi), Wor-Biz International Trading Co., Ltd. (Anhui) (Wor-Biz), Sibo International Limited (Sibo), and Kingway Pipe Co., Ltd. (Kingway). 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 non-business day, in accordance with Commerce's practice, the deadline will become the next business day. The revised deadline for the final determination of this investigation is now July 5, 2018.\2\ --------------------------------------------------------------------------- \1\ See Cast Iron Soil Pipe Fittings from the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, Postponement of Final Determination and Extension of Provisional Measures, 83 FR 7145 (February 20, 2018) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. \2\ 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'' (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. --------------------------------------------------------------------------- [[Page 33206]] A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by interested parties for this final determination may be found in the Issues and Decision Memorandum issued concurrently with this notice.\3\ The Issues and 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 parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version are identical in content. --------------------------------------------------------------------------- \3\ See Memorandum, ``Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Cast Iron Soil Pipe Fittings from the People's Republic of China,'' dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The products covered by this investigation are cast iron soil pipe fittings from China. For a full description of the scope of this investigation, see the ``Scope of the Investigation'' in Appendix I of this notice. For this final determination, Commerce has issued a scope memorandum addressing interested parties' comments regarding scope issues presented in the case briefs and in subsequent scope comments.\4\ Commerce has determined to modify the scope of the investigation to include two additional subheadings of the U.S. Harmonized Tariff Schedule under which subject merchandise may enter. Commerce has also provided a clarification in the Final Scope Memorandum. For further discussion, see Commerce's Final Scope Memorandum. The scope in Appendix I reflects the final scope language. --------------------------------------------------------------------------- \4\ See Memorandum, ``Countervailing Duty and Less-Than-Fair- Value Investigations of Cast Iron Soil Pipe Fittings from the People's Republic of China: Final Scope Memorandum'' (Final Scope Memorandum), dated concurrently with, and hereby adopted by, this notice. --------------------------------------------------------------------------- Analysis of Comments Received The issues raised in the case and rebuttal briefs submitted by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum is attached to this notice at Appendix II. Final Affirmative Determination of Critical Circumstances, in Part In accordance with section 733(e)(1) of the Act and 19 CFR 351.206, we preliminarily found that critical circumstances exist with respect to imports of cast iron soil pipe fittings from the China-wide entity, the non-selected separate rate respondents, and Sibo, but do not exist with respect to Xuanshi and Wor-Biz.\5\ Commerce received no comments regarding its preliminary critical circumstances findings. For the final determination, we continue to find that, in accordance with section 735(a)(3) of the Act and 19 CFR 351.206, critical circumstances exist with respect to imports of the subject merchandise from the China-wide entity. Based on updated shipment and import data, we find that critical circumstances do not exist with respect to Xuanshi, Wor- Biz, and the non-selected separate rate respondents.\6\ As discussed below, we have determined that Sibo is no longer eligible for a separate rate, and is now considered to be part of the China-wide entity. --------------------------------------------------------------------------- \5\ See Preliminary Determination at 33-34. \6\ See the Issues and Decision Memorandum for further details. --------------------------------------------------------------------------- China-Wide Entity and Use of Adverse Facts Available After the Preliminary Determination and prior to verification, Sibo notified Commerce that it was withdrawing from participation in this investigation. By withdrawing from participation in this investigation, Sibo prevented us from conducting verification of its questionnaire responses, including its claim that it is a wholly foreign-owned company. Therefore, we find that Sibo has failed to demonstrate its eligibility for a separate rate, and is considered to be part of the China-wide entity.\7\ For the reasons explained in the Preliminary Determination, we continue to find that the use of adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Act, is warranted in determining the rate for the China-wide entity, which includes Sibo, Kingway, and other uncooperative respondents. --------------------------------------------------------------------------- \7\ Id. --------------------------------------------------------------------------- China-Wide Rate In selecting the AFA rate for the China-wide entity, Commerce's practice is to select a rate that is sufficiently adverse to ensure that the uncooperative party does not obtain a more favorable result by failing to cooperate than if it had fully cooperated.\8\ Specifically, it is Commerce's practice to select, as an AFA rate, the higher of: (a) The highest dumping margin alleged in the petition; or, (b) the highest calculated dumping margin of any respondent in the investigation.\9\ For the final determination and for the reasons explained in the Issues and Decision Memorandum, we are relying on the highest non-aberrational control-number-specific dumping margin calculated for Sibo in the Preliminary Determination to determine the rate for the China-wide entity.\10\ --------------------------------------------------------------------------- \8\ See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Purified Carboxymethyl cellulose from Finland, 69 FR 77216 (December 27, 2004), unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Purified Carboxymethyl cellulose from Finland, 70 FR 28279 (May 17, 2005). \9\ See, e.g., Certain Stilbenic Optical Brightening Agents from the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 77 FR 17436, 17438 (March 26, 2012); Final Determination of Sales at Less Than Fair Value: Certain Cold-Rolled Flat-Rolled Carbon Quality Steel Products from the People's Republic of China, 65 FR 34660 (May 31, 2000), and accompanying IDM. \10\ See Issues and Decision Memorandum at Comment 1 for a full discussion of this issue. --------------------------------------------------------------------------- Separate Rates For the final determination, we continue to find that Xuanshi and Wor-Biz are eligible to separate rates, as noted below. Section 735(c)(5)(A) of the Act provides that the estimated ``all-others'' rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding zero or de minimis margins, and any margins determined entirely under section 776 of Act. Consistent with our practice, we calculated a dumping margin for the companies determined to be eligible for separate rates, but which were not individually examined, based on the final dumping margins calculated for Xuanshi and Wor-Biz.\11\ With two respondents, we would normally calculate (A) a weighted-average of the dumping margins calculated for the [[Page 33207]] mandatory respondents; (B) a simple average of the dumping margins calculated for the mandatory respondents; and (C) a weighted-average of the dumping margins calculated for the mandatory respondents using each company's publicly-ranged values for the merchandise under consideration. We would compare (B) and (C) to (A) and select the rate closest to (A) as the most appropriate rate for the separate rate companies.\12\ In this case, as complete publicly-ranged sales data was unavailable, we based the separate rate on a simple average of the two calculated margins. --------------------------------------------------------------------------- \11\ See Memorandum, ``Cast Iron Soil Pipe Fittings from the People's Republic of China: Calculation of the Final Margin for Separate Rate Companies,'' dated concurrently with this notice. \12\ See Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). --------------------------------------------------------------------------- Combination Rates In the Initiation Notice,\13\ Commerce stated that it would calculate producer/exporter combination rates for the respondents that are eligible for a separate rate in this investigation. Accordingly, we have assigned combination rates to certain companies as provided in the ``Final Determination'' section below. --------------------------------------------------------------------------- \13\ See Cast Iron Soil Pipe Fittings from the People's Republic of China: Initiation of Less-Than-Fair Value Investigation, 82 FR 37053, 37056 (August 8, 2017). --------------------------------------------------------------------------- Changes Since the Preliminary Determination Based on our review and analysis of the comments received from interested parties and our findings at verification, we made certain changes to the calculation of the antidumping duty margin applicable to Xuanshi and Wor-Biz. For a discussion of these changes, see the Issues and Decision Memorandum. Final Determination Commerce determines that cast iron soil pipe fittings from China are being, or are likely to be, sold in the United States at LTFV, and that the following dumping margins exist: ---------------------------------------------------------------------------------------------------------------- Estimated Cash deposit weighted- rate (adjusted Producer Exporter average for subsidy dumping margin offsets) (percent) (percent) ---------------------------------------------------------------------------------------------------------------- Shanxi Xuanshi Industrial Group Co., Ltd...... Shanxi Xuanshi Industrial Group 27.18 27.09 Co., Ltd. Guang Zhou Premier & Pinan Foundry Co., Ltd/ Wor-Biz Trading Co., Ltd (Anhui) 22.11 21.88 Botou Chenyuan Foundry Co., Ltd/Wuhu Best Machines Co., Ltd. Shijiazhuang Asia Casting Co., Ltd............ Shijiazhuang Asia Casting Co., 24.65 24.49 Ltd. Qinshui Shunshida Casting Co., Ltd/Xinle Xinye Shanxi Zhongrui Tianyue Trading 24.65 24.49 Metal Products Co., Ltd. Co., Ltd. Qinshui Shunshida Casting Co., Ltd/Xinle Dalian Lino F.T.Z. Co., Ltd..... 24.65 24.49 Rishuo Casting Factory/Shijiazhuang Shunjinguangao Trade Co., Ltd/Xinle Tang Rong Fa Lan Pan Co., Ltd. Xinle City Zhile Pipeline Industry Co., Ltd/ Dinggin Hardware (Dalian) Co., 24.65 24.49 Qinshui Shunshida Casting Co., Ltd/Foshan Ltd. City Deying Metal Products Co., Ltd. Xinle Rishuo Casting Factory/Qinshui Shunshida Dalian Metal I/E Co., Ltd....... 24.65 24.49 Casting Co., Ltd. Qinshui County Xinwei Precision Co., Ltd...... Qinshui Shunshida Casting Co., 24.65 24.49 Ltd. Shanxi Guruiwei Casting Co., Ltd.............. Richang Qiaoshan Trade Co., Ltd. 24.65 24.49 Shijiazhuang Jingruisheng Metal Products Co., Hebei Metals & Engineering 24.65 24.49 Ltd/Qinshui Shunshida Casting Co., Ltd/Xinle Products Trading Co., Ltd. City Zhile Pipe Co., Ltd. China-Wide Entity............................. ................................ 360.39 360.30 ---------------------------------------------------------------------------------------------------------------- Disclosure Commerce intends to disclose to interested parties the calculations performed in connection with this final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of final determination in the Federal Register, in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of cast iron soil pipe fittings from China, as described in the ``Scope of the Investigation'' section, exported by Xuanshi and Wor-Biz, entered or withdrawn from warehouse, for consumption on or after February 20, 2018, the date of publication of the Preliminary Determination notice in the Federal Register. Furthermore, we continue to find that critical circumstances exist pursuant to section 735(c)(4)(A) of the Act with respect to the China- wide entity. Therefore, for this entity, we will instruct CBP to continue to suspend liquidation for all appropriate entries of cast iron soil pipe fittings entered, or withdrawn from warehouse, for consumption on or after November 22, 2017, which is 90 days prior to the date of publication of the Preliminary Determination. To determine the cash deposit rate,\14\ Commerce normally adjusts the estimated weighted-average dumping margin by the amount of domestic subsidy pass-through and export subsidies determined in a companion countervailing duty (CVD) proceeding where appropriate. Accordingly, because Commerce has made a final affirmative determination for export subsidies, we offset the calculated [[Page 33208]] estimated weighted-average dumping margins by the appropriate rates as indicated in the above chart.\15\ We made no adjustment for domestic subsidy pass-through in this case because we found no basis upon which to make such an adjustment.\16\ --------------------------------------------------------------------------- \14\ See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). \15\ See the Issues and Decision Memorandum for further discussion. \16\ Id. --------------------------------------------------------------------------- In addition, pursuant to section 735(c)(1)(B)(ii) of the Act, Commerce will instruct CBP to require a cash deposit equal to the weighted-average amount by which NV exceeds U.S. price as follows: (1) The cash deposit rate for the exporter/producer combination listed in the table above will be the rate identified for that combination in the table; (2) for all combinations of exporters/producers of merchandise under consideration that have not received their own separate rate above, the cash-deposit rate will be the cash deposit rate established for the China-wide entity; and (3) for all non-Chinese exporters of the merchandise under consideration which have not received their own separate rate above, the cash deposit rate will be the cash deposit rate applicable to the Chinese exporter/producer combination that supplied that non-Chinese exporter. These suspension of liquidation instructions will remain in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. As Commerce's final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of cast iron soil pipe fittings from China, or sales (or the likelihood of sales) for importation, of cast iron soil pipe fittings from China. If the ITC determines that such injury does not exist, this proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, Commerce intends to issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This determination is issued and published pursuant to sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c). Dated: July 5, 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 cast iron soil pipe fittings, finished and unfinished, regardless of industry or proprietary specifications, and regardless of size. Cast iron soil pipe fittings are nonmalleable iron castings of various designs and sizes, including, but not limited to, bends, tees, wyes, traps, drains, and other common or special fittings, with or without side inlets. Cast iron soil pipe fittings are classified into two major types--hubless and hub and spigot. Hubless cast iron soil pipe fittings are manufactured without a hub, generally in compliance with Cast Iron Soil Pipe Institute (CISPI) specification 301 and/or American Society for Testing and Materials (ASTM) specification A888. Hub and spigot pipe fittings have hubs into which the spigot (plain end) of the pipe or fitting is inserted. Cast iron soil pipe fittings are generally distinguished from other types of nonmalleable cast iron fittings by the manner in which they are connected to cast iron soil pipe and other fittings. The subject imports are normally classified in subheading 7307.11.0045 of the Harmonized Tariff Schedule of the United States (HTSUS): Cast fittings of nonmalleable cast iron for cast iron soil pipe. They may also be entered under HTSUS 7324.29.0000 and 7307.92.3010. The HTSUS subheadings and specifications are provided for convenience and customs purposes only; the written description of the scope of this investigation is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Final Determination of Critical Circumstances IV. China-Wide Rate V. Separate Rates VI. Adjustments for Countervailable Export Subsidies VII. Changes Since the Preliminary Determination VIII. Discussion of the Issues General Issues Comment 1: What Rate to Assign as Adverse Facts Available (AFA) to Sibo and the China-Wide Entity Comment 2: Surrogate Country Selection Comment 3: Adjusting the Global Trade Atlas (GTA) Import Data for Movement Expenses Comment 4: Treatment of Certain Inputs as Materials or Overhead Comment 5: Reintroduced Materials Comment 6: Surrogate Value for Coated Sand Comment 7: Calculating the Margins on a Consistent Basis Comment 8: Calculation of Movement Expenses Comment 9: Non-Refundable Value Added Tax (VAT) Comment 10: Record-Keeping Deficiencies Wor-Biz Issues Comment 11: Surrogate Value for Asphalt Paint Comment 12: Surrogate Value for Paint Thinner Comment 13: Calculation of Freight Revenue Xuanshi Issues Comment 14: Surrogate Value for Pig Iron Comment 15: Surrogate Values for Iron Ore, Coal, and Coke Comment 16: Calculation of the Slag Iron By-Product Offset Comment 17: Calculation of the Packing Material Consumption Rates Comment 18: Surrogate Values for Inland and Ocean Freight IX. Recommendation [FR Doc. 2018-14925 Filed 7-13-18; 11:15 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices 33205
not limited to, rails, skid channels, skid rails, thereof. Packaging includes packaging the DEPARTMENT OF COMMERCE
drum/coil beds, fork clearance bars, pallet merchandise with or without another
supports, column and post protectors, end product or any other packaging operation International Trade Administration
row and end aisle protectors, corner guards, that would not remove the merchandise from
row spacers, and wall ties). Subject steel [A–570–062]
the scope of the investigation if performed in
racks and parts thereof are made of steel,
the country of manufacture of the steel racks Cast Iron Soil Pipe Fittings From the
including, but not limited to, cold and/or
hot-formed steel, regardless of the type of and parts thereof. People’s Republic of China: Final
steel used to produce the components and Steel racks and parts thereof are included Affirmative Determination of Sales at
may, or may not, include locking tabs, slots, in the scope of this investigation whether or
Less Than Fair Value and Final
or bolted, clamped, or welded connections. not imported attached to, or included with,
Determination of Critical
Steel rack components can be assembled other parts or accessories such as wire
into structures of various dimensions and
Circumstances, in Part
decking, nuts, and bolts. If steel racks and
configurations by welding, bolting, clipping, parts thereof are imported attached to, or AGENCY: Enforcement and Compliance,
or with the use of devices such as clips, end included with, such non-subject International Trade Administration,
plates, and beam connectors, including, but merchandise, only the steel racks and parts
not limited to the following configurations:
Department of Commerce.
thereof are included in the scope. SUMMARY: The Department of Commerce
(1) Racks with upright frames perpendicular
to the aisles that are independently The scope of this investigation does not (Commerce) determines that cast iron
adjustable, with positive locking beams cover: (1) Decks, i.e., shelving that sits on or soil pipe fittings from the People’s
parallel to the aisle spanning the upright fits into the horizontal supports to provide Republic of China (China) are being, or
frames with braces; and (2) cantilever racks the horizontal storage surface of the steel
are likely to be, sold in the United States
with vertical components parallel to the aisle racks; (2) wire shelving units, i.e., shelves
at less than fair value (LTFV). The
and cantilever beams or arms connected to made from wire that incorporate both a wire
the vertical components perpendicular to the period of investigation is January 1,
deck and wire horizontal supports (taking the
aisle. Steel racks may be referred to as pallet 2017, through June 30, 2017.
place of the horizontal beams and braces)
racks, storage racks, stacker racks, retail into a single piece with tubular collars that DATES: Applicable July 17, 2018.
racks, pick modules, selective racks, or FOR FURTHER INFORMATION CONTACT:
slide over the posts and onto plastic sleeves
cantilever racks and may incorporate moving
snapped on the posts to create a finished Sergio Balbontin or Denisa Ursu, AD/
components and be referred to as pallet-flow
racks, carton-flow racks, push-back racks, unit; (3) pins, nuts, bolts, washers, and clips CVD Operations, Office VIII,
movable-shelf racks, drive-in racks, and used as connecting devices; and (4) non-steel Enforcement and Compliance,
drive-through racks. While steel racks may be components. International Trade Administration,
made to ANSI MH16.l or ANSI MH16.3 Specifically excluded from the scope of U.S. Department of Commerce, 1401
standards, all steel racks and parts thereof this investigation are any products covered Constitution Avenue NW, Washington,
meeting the description set out herein are by Commerce’s existing antidumping and DC 20230; telephone: (202) 482–6478
covered by the scope of this investigation, countervailing duty orders on boltless steel and (202) 482–2285 respectively.
whether or not produced according to a shelving units prepackaged for sale from the SUPPLEMENTARY INFORMATION:
particular standard. People’s Republic of China. See Boltless Steel
The scope includes all steel racks and parts Shelving Units Prepackaged for Sale From Background
thereof meeting the description above,
the People’s Republic of China: Antidumping On February 20, 2018, Commerce
regardless of
(1) Dimensions, weight, strength, gauge, or Duty Order, 80 FR 63,741 (October 21, 2017); published in the Federal Register the
load rating; Boltless Steel Shelving Units Prepackaged for Preliminary Determination in the LTFV
(2) vertical components or frame type Sale From the People’s Republic of China: investigation of cast iron soil pipe
(including structural, roll-form, or other); Amended Final Affirmative Countervailing fittings from China.1 The mandatory
(3) horizontal support or beam/brace type Duty Determination and Countervailing Duty respondents in this investigation are
(including but not limited to structural, roll- Order, 80 FR 63,745 (October 21, 2017). Also Shanxi Xuanshi Industrial Group Co.
form, slotted, unslotted, Z-beam, C-beam, excluded from the scope of this investigation
L-beam, step beam, and cantilever beam); Ltd. (Xuanshi), Wor-Biz International
are bulk-packed parts or components of
(4) number of supports; Trading Co., Ltd. (Anhui) (Wor-Biz),
boltless steel shelving units that were
(5) number of levels; Sibo International Limited (Sibo), and
specifically excluded from the scope of the
(6) surface coating, if any (including but Kingway Pipe Co., Ltd. (Kingway).
Boltless Steel Shelving Orders because such
not limited to paint, epoxy, powder coating, Commerce exercised its discretion to
zinc, or other metallic coatings); bulk-packed parts or components do not
toll all deadlines affected by the closure
(7) shape (including but not limited to contain the steel vertical supports (i.e.,
of the Federal Government from January
rectangular, square, corner, and cantilever); uprights and posts) and steel horizontal
20 through 22, 2018. If the new deadline
(8) the method by which the vertical and supports (i.e., beams, braces) packaged
together for assembly into a completed
falls on a non-business day, in
horizontal supports connect (including but
not limited to locking tabs or slots, bolting, boltless steel shelving unit.
accordance with Commerce’s practice,
clamping, and welding); and Merchandise covered by this investigation the deadline will become the next
(9) whether or not the steel rack has is currently classified in the Harmonized business day. The revised deadline for
moving components (including but not Tariff Schedule of the United States (HTSUS) the final determination of this
limited to rails, wheels, rollers, tracks, under the following subheadings: investigation is now July 5, 2018.2
channels, carts, and conveyors).
7326.90.8688, 9403.20.0080, and
Subject merchandise includes merchandise 1 See Cast Iron Soil Pipe Fittings from the People’s
matching the above description that has been 9403.90.8041. Subject merchandise may also Republic of China: Preliminary Affirmative
finished or packaged in a third country. enter under subheadings 7308.90.3000, Determination of Sales at Less Than Fair Value,
daltland on DSKBBV9HB2PROD with NOTICES
Finishing includes, but is not limited to, 7308.90.6000, 7308.90.9590, and Preliminary Affirmative Determination of Critical
coating, painting, or assembly, including 9403.20.0090. The HTSUS subheadings are Circumstances, in Part, Postponement of Final
provided for convenience and U.S. Customs Determination and Extension of Provisional
attaching the merchandise to another Measures, 83 FR 7145 (February 20, 2018)
product, or any other finishing or assembly purposes only. The written description of the (Preliminary Determination) and accompanying
operation that would not remove the scope is dispositive. Preliminary Decision Memorandum.
merchandise from the scope of the [FR Doc. 2018–15224 Filed 7–16–18; 8:45 am]
2 See Memorandum for The Record from
investigation if performed in the country of Christian Marsh, Deputy Assistant Secretary for
manufacture of the steel racks and parts BILLING CODE 3510–DS–P Continued
VerDate Sep<11>2014 17:07 Jul 16, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1](https://thefederalregister.org/doc/83_FR_33342/page/1.svg)
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estimated weighted-average dumping Notification Regarding Administrative II. Background
margins by the appropriate rates as Protective Orders III. Final Determination of Critical
indicated in the above chart.15 We made Circumstances
In the event that the ITC issues a final IV. China-Wide Rate
no adjustment for domestic subsidy negative injury determination, this V. Separate Rates
pass-through in this case because we notice will serve as the only reminder VI. Adjustments for Countervailable Export
found no basis upon which to make to parties subject to an APO of their Subsidies
such an adjustment.16 responsibility concerning the VII. Changes Since the Preliminary
In addition, pursuant to section destruction of proprietary information Determination
735(c)(1)(B)(ii) of the Act, Commerce disclosed under APO in accordance VIII. Discussion of the Issues
will instruct CBP to require a cash General Issues
with 19 CFR 351.305(a)(3). Timely
deposit equal to the weighted-average Comment 1: What Rate to Assign as
written notification of the return/ Adverse Facts Available (AFA) to Sibo
amount by which NV exceeds U.S. price destruction of APO materials or and the China-Wide Entity
as follows: (1) The cash deposit rate for conversion to judicial protective order is Comment 2: Surrogate Country Selection
the exporter/producer combination hereby requested. Failure to comply Comment 3: Adjusting the Global Trade
listed in the table above will be the rate with the regulations and terms of an Atlas (GTA) Import Data for Movement
identified for that combination in the APO is a violation which is subject to Expenses
table; (2) for all combinations of sanction. Comment 4: Treatment of Certain Inputs as
exporters/producers of merchandise This determination is issued and Materials or Overhead
under consideration that have not published pursuant to sections 735(d) Comment 5: Reintroduced Materials
received their own separate rate above, Comment 6: Surrogate Value for Coated
and 777(i) of the Act and 19 CFR Sand
the cash-deposit rate will be the cash 351.210(c). Comment 7: Calculating the Margins on a
deposit rate established for the China- Dated: July 5, 2018. Consistent Basis
wide entity; and (3) for all non-Chinese Gary Taverman, Comment 8: Calculation of Movement
exporters of the merchandise under Expenses
Deputy Assistant Secretary for Antidumping
consideration which have not received and Countervailing Duty Operations,
Comment 9: Non-Refundable Value Added
their own separate rate above, the cash Tax (VAT)
performing the non-exclusive functions and
deposit rate will be the cash deposit rate Comment 10: Record-Keeping Deficiencies
duties of the Assistant Secretary for
applicable to the Chinese exporter/ Wor-Biz Issues
Enforcement and Compliance.
producer combination that supplied that Comment 11: Surrogate Value for Asphalt
Appendix I Paint
non-Chinese exporter. These suspension Comment 12: Surrogate Value for Paint
of liquidation instructions will remain Scope of the Investigation Thinner
in effect until further notice. The merchandise covered by this Comment 13: Calculation of Freight
investigation is cast iron soil pipe fittings, Revenue
International Trade Commission finished and unfinished, regardless of Xuanshi Issues
Notification industry or proprietary specifications, and Comment 14: Surrogate Value for Pig Iron
In accordance with section 735(d) of regardless of size. Cast iron soil pipe fittings Comment 15: Surrogate Values for Iron
are nonmalleable iron castings of various Ore, Coal, and Coke
the Act, we will notify the International designs and sizes, including, but not limited Comment 16: Calculation of the Slag Iron
Trade Commission (ITC) of the final to, bends, tees, wyes, traps, drains, and other By-Product Offset
affirmative determination of sales at common or special fittings, with or without Comment 17: Calculation of the Packing
LTFV. side inlets. Material Consumption Rates
As Commerce’s final determination is Cast iron soil pipe fittings are classified Comment 18: Surrogate Values for Inland
affirmative, in accordance with section into two major types—hubless and hub and and Ocean Freight
spigot. Hubless cast iron soil pipe fittings are IX. Recommendation
735(b)(2) of the Act, the ITC will manufactured without a hub, generally in
determine, within 45 days, whether the compliance with Cast Iron Soil Pipe Institute [FR Doc. 2018–14925 Filed 7–13–18; 11:15 am]
domestic industry in the United States (CISPI) specification 301 and/or American BILLING CODE 3510–DS–P
is materially injured, or threatened with Society for Testing and Materials (ASTM)
material injury, by reason of imports of specification A888. Hub and spigot pipe
cast iron soil pipe fittings from China, fittings have hubs into which the spigot DEPARTMENT OF COMMERCE
or sales (or the likelihood of sales) for (plain end) of the pipe or fitting is inserted.
Cast iron soil pipe fittings are generally National Oceanic and Atmospheric
importation, of cast iron soil pipe distinguished from other types of
fittings from China. If the ITC Administration
nonmalleable cast iron fittings by the manner
determines that such injury does not in which they are connected to cast iron soil Proposed Information Collection;
exist, this proceeding will be terminated pipe and other fittings.
Comment Request; Economic
and all securities posted will be The subject imports are normally classified
in subheading 7307.11.0045 of the Expenditure Survey of Golden Crab
refunded or canceled. If the ITC
Harmonized Tariff Schedule of the United Fishermen in the U.S. South Atlantic
determines that such injury does exist,
States (HTSUS): Cast fittings of nonmalleable Region
Commerce intends to issue an
cast iron for cast iron soil pipe. They may
antidumping duty order directing CBP also be entered under HTSUS 7324.29.0000 AGENCY: National Oceanic and
to assess, upon further instruction by and 7307.92.3010. The HTSUS subheadings Atmospheric Administration (NOAA),
Commerce, antidumping duties on all and specifications are provided for Commerce.
imports of the subject merchandise convenience and customs purposes only; the ACTION: Notice.
daltland on DSKBBV9HB2PROD with NOTICES
entered, or withdrawn from warehouse, written description of the scope of this
for consumption on or after the effective investigation is dispositive. SUMMARY: The Department of
date of the suspension of liquidation. Commerce, as part of its continuing
Appendix II
effort to reduce paperwork and
15 See the Issues and Decision Memorandum for List of Topics Discussed in the Issues and respondent burden, invites the general
further discussion. Decision Memorandum public and other Federal agencies to
16 Id. I. Summary take this opportunity to comment on
VerDate Sep<11>2014 17:07 Jul 16, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1](https://thefederalregister.org/doc/83_FR_33342/page/4.svg)
Document Created: 2018-07-17 01:39:15
Document Modified: 2018-07-17 01:39:15
| 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 July 17, 2018. | |
| Contact | Sergio Balbontin or Denisa Ursu, 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) 482-6478 and (202) 482-2285 respectively. | |
| FR Citation | 83 FR 33205 |
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