83_FR_36665 83 FR 36519 - Forged Steel Fittings From Taiwan: Final Determination of Sales at Less Than Fair Value

83 FR 36519 - Forged Steel Fittings From Taiwan: Final Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 146 (July 30, 2018)

Page Range36519-36521
FR Document2018-16194

The Department of Commerce (Commerce) determines that imports of forged steel fittings from Taiwan are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2016, through September 30, 2017. The final margins of sales at LTFV are listed below in the ``Final Determination'' section of this notice.

Federal Register, Volume 83 Issue 146 (Monday, July 30, 2018)
[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)]
[Notices]
[Pages 36519-36521]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16194]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-863]


Forged Steel Fittings From Taiwan: Final Determination of Sales 
at Less Than Fair Value

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

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of forged steel fittings from Taiwan are being, or are likely to be, 
sold in the United States at less than fair value (LTFV). The period of 
investigation (POI) is October 1, 2016, through September 30, 2017. The 
final margins of sales at LTFV are listed below in the ``Final 
Determination'' section of this notice.

DATES: Applicable July 30, 2018.

FOR FURTHER INFORMATION CONTACT: Robert Palmer (202) 482-9068 or 
Suzanne Lam at (202) 482-0783, AD/CVD Operations, Enforcement and 
Compliance, International Trade

[[Page 36520]]

Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On May 17, 2018, Commerce published in the Federal Register the 
Preliminary Determination of sales at LTFV of forged steel fittings 
from Taiwan and invited interested parties to comment.\1\ The only 
comment received was from Bonney Forge Corporation and United Steel, 
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial 
and Service Workers International Union (USW) (collectively, the 
petitioners) agreeing with our affirmative preliminary determination to 
apply total adverse facts available (AFA) to the non-responsive 
companies.\2\ Accordingly, we made no changes to the Preliminary 
Determination.
---------------------------------------------------------------------------

    \1\ See Forged Steel Fittings from Taiwan: Affirmative 
Preliminary Determination of Sales at Less Than Fair Value, 83 FR 
22957 (May 17, 2018) (Preliminary Determination) and accompanying 
Preliminary Decision Memorandum.
    \2\ See letter from the petitioners re: Petitioners' Case Brief, 
dated June 15, 2018.
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are forged steel 
fittings from Taiwan. For a full description of the scope of this 
investigation, see the ``Scope of the Investigation,'' at the Appendix 
to this notice.

Scope Comments

    During the course of this investigation and the concurrent 
investigations of forged steel fittings from the People's Republic of 
China (China) and Italy, Commerce received numerous scope comments from 
interested parties. Commerce issued a Preliminary Scope Decision 
Memorandum \3\ and a Second Preliminary Scope Decision Memorandum \4\ 
to address these comments. In the Second Preliminary Scope Decision 
Memorandum, Commerce preliminarily found that outlets are fittings and 
are included in the scope of the investigations and that butt weld 
outlets are butt weld fittings and are excluded from the scope of the 
investigations. Following the Preliminary Determination, Commerce 
received scope case and rebuttal briefs from the petitioners and 
M.E.G.A S.p.A. (MEGA) concerning outlets and butt weld outlets as 
specified in the scope.\5\ Based on these parties' comments and our 
analysis of them, we made no changes to the scope of the 
investigations, as it appeared in the Preliminary Determination. 
Further, we continued to find that outlets are fittings and are 
therefore covered by the scope of this investigation and the concurrent 
investigation of forged steel fittings from China and Italy, while butt 
weld outlets are butt weld fittings and are excluded from the scope of 
the investigation. For a summary of the product coverage comments and 
rebuttals submitted to the records of this investigation and the 
concurrent investigations of forged steel fittings from China and 
Italy, and our accompanying discussion and analysis of them, see the 
Final Scope Decision Memorandum.\6\
---------------------------------------------------------------------------

    \3\ See Memorandum to the File, ``Scope Comments Decision 
Memorandum for the Preliminary Determinations,'' dated March 7, 2018 
(Preliminary Scope Decision Memorandum).
    \4\ See Memorandum to the File, ``Second Preliminary Scope 
Decision Memorandum,'' dated May 7, 2018 (Second Preliminary Scope 
Decision Memorandum).
    \5\ See letter from MEGA re: Brief of MEGA in Response to Scope 
Issues Raised by the Preliminary Determination Regarding the 
Expansion of the Scope of the Investigations to Include Outlets, 
dated May 29, 2018; letter from the petitioners re: Case Brief on 
Scope, dated May 29, 2018; letter from MEGA re: Rebuttal Brief of 
MEGA in Response to Scope Issues Raised by the Preliminary 
Determination Regarding the Expansion of the Scope of the 
Investigations to Include Outlets, dated June 4, 2018; and letter 
from the petitioners re: Scope Rebuttal Brief, dated June 4, 2018.
    \6\ See Memorandum to the File, ``Forged Steel Fittings from 
China, Italy and Taiwan: Final Scope Determination Decision 
Memorandum,'' dated concurrently with this notice (Final Scope 
Decision Memorandum).
---------------------------------------------------------------------------

Verification

    As stated in the Preliminary Determination, Kopex Industrial Co. 
(Kopex), a mandatory respondent in this investigation, claimed that it 
did not produce or export forged steel fittings from Taiwan during the 
POI.\7\ As provided in section 782(i) of the Tariff Act of 1930, as 
amended (the Act), on May 30, 2018, we conducted verification of 
Kopex's claim using standard verification procedures, including an 
examination of relevant accounting records and original source 
documents provided by Kopex. As a result of the verification, we 
confirmed that Kopex did not produce or sell forged steel fittings from 
Taiwan during the POI.\8\ Because the other mandatory respondents, Both 
Well Steel Fittings Co., Ltd. (Bothwell) and Luchu Shin Yee Works Co., 
Ltd. (Luchu), failed to participate in the investigation, there was no 
information to verify with respect to either company.\9\
---------------------------------------------------------------------------

    \7\ See Preliminary Determination Memorandum at 3-4.
    \8\ See Memorandum to the File, ``Verification of Kopex 
Industrial Co., Ltd.,'' dated June 8, 2018.
    \9\ See Preliminary Determination, 83 FR at 22958.
---------------------------------------------------------------------------

Use of Adverse Facts Available

    The mandatory respondents Bothwell and Luchu failed to participate 
in this investigation.\10\ Therefore, in the Preliminary Determination, 
pursuant to sections 776(a)(1), 776(a)(2)(A)-(C), and 776(b) of the 
Act, we assigned Bothwell and Luchu a dumping rate based on AFA. No 
parties filed comments in opposition to our Preliminary Determination 
with respect to Bothwell and Luchu and there is no new information on 
the record that would cause us to revisit our preliminary AFA 
determination. Accordingly, we continue to find that the application of 
AFA pursuant to section 776(a) and (b) of the Act is warranted with 
respect to Bothwell and Luchu. In applying total AFA, we assigned to 
Bothwell's and Luchu's exports of the subject merchandise a rate of 
116.17 percent, which is the only rate calculated in the Petition 
Amendment \11\ and which has been corroborated to the extent 
practicable within the meaning of section 776(c) of the Act.\12\
---------------------------------------------------------------------------

    \10\ See Preliminary Determination Memorandum at 4-8.
    \11\ See Petitions for the Imposition of Antidumping and 
Countervailing Duties: Forged Steel Fittings from the People's 
Republic of China, Italy, and Taiwan, Volume V, dated October 5, 
2017 (the Petition); see also letter from the petitioners' re: 
Response to Supplemental Questionnaire, dated October 11, 2017 at 1-
2 (Petition Amendment).
    \12\ See Preliminary Determination Memorandum at 6-8.
---------------------------------------------------------------------------

All-Others Rate

    As discussed in the Preliminary Determination, Commerce based the 
``All-Others'' rate on the, as noted above, only dumping margin alleged 
in the Petition Amendment,\13\ in accordance with section 735(c)(5)(B) 
of the Act. We made no changes to the selection of this rate for this 
final determination.
---------------------------------------------------------------------------

    \13\ See Petition and Petition Amendment; see also Preliminary 
Determination Memorandum at 8-9.
---------------------------------------------------------------------------

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
                  Exporter or producer                        average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Both Well Steel Fittings Co., Ltd.......................          116.17
Luchu Shin Yee Works Co., Ltd...........................          116.17
All-Others..............................................          116.17
------------------------------------------------------------------------


[[Page 36521]]

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, for this final 
determination, we will direct U.S. Customs and Border Protection (CBP) 
to continue to suspend liquidation of all entries of forged steel 
fittings from Taiwan, as described in the Appendix to this notice, 
which are entered, or withdrawn from warehouse, for consumption on or 
after May 17, 2018, the date of publication in the Federal Register of 
the affirmative Preliminary Determination.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), Commerce will instruct CBP to require a cash deposit for 
such entries of merchandise equal to the estimated weighted-average 
dumping margin or the estimated all-others rate, as follows: (1) The 
cash deposit rate for the respondents listed above will be equal to the 
respondent-specific estimated weighted-average dumping margin 
determined in this final determination; (2) if the exporter is not a 
respondent identified above but the producer is, then the cash deposit 
rate will be equal to the respondent-specific estimated weighted-
average dumping margin established for that producer of the subject 
merchandise; and (3) the cash deposit rate for all other producers and 
exporters will be equal to the all-others estimated weighted-average 
dumping margin.

Disclosure

    The estimated weighted-average dumping margins assigned to the 
mandatory respondents in this investigation in the Preliminary 
Determination were based on AFA. As these margins are based on the rate 
calculated in the Petition Amendment, and because we made no changes to 
these margins since the Preliminary Determination, no disclosure of 
calculations is necessary for this final determination.

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. Because Commerce's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will make its final determination as to whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports or sales (or the likelihood of 
sales) for importation of forged steel fittings, no later than 45 days 
after this final determination. If the ITC determines that such injury 
does not exist, this proceeding will be terminated and all cash 
deposits posted will be refunded. If the ITC determines that such 
injury does exist, Commerce will 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, as discussed above in the 
``Continuation of Suspension of Liquidation'' section.

Notification Regarding Administrative Protective Orders

    This notice will serve as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of propriety information disclosed under APO 
in accordance with 19 CFR 351.305(a)(3). Timely written notification of 
return or 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 sanctionable violation.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).

    Dated: July 23, 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

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, 
unions, and outlets. 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, MSS SP-83, MSS SP-97, 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/PSI, 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, butt 
weld outlets, nipples, and all fittings that have a maximum pressure 
rating of 300 pounds of pressure/PSI or less.
    Also excluded are fittings certified or made to the following 
standards, so long as the fittings are not also manufactured to the 
specifications of ASME B16.11, MSS SP-79, MSS SP-83, MSS SP-97, ASTM 
A105, ASTM A350, and ASTM A182:

 American Petroleum Institute (API) API 5CT, API 5L, or API 
11B
 Society of Automotive Engineering (SAE) SAE J476, SAE J514, 
SAE J516, SAE J517, SAE J518, SAE J1026, SAE J1231, SAE J1453, SAE 
J1926, J2044 or SAE AS 35411

 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
 Military Specification (MIL) MIL-C-4109F and MIL-F-3541
 International Organization for Standardization (ISO) 
ISO6150-B

    To be excluded from the scope, products must have the 
appropriate standard or pressure markings and/or accompanied by 
documentation showing product compliance to the applicable standard 
or pressure, 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.

[FR Doc. 2018-16194 Filed 7-27-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices                                                  36519

                                               public may address the Committee after                     Type of Request: Extension of a                       There are no changes to the MA–3000
                                               the formal presentations have been                       currently approved collection.                        form, which is used to conduct the
                                               completed. Persons interested in the                       Number of Respondents: 6,000.                       M3UFO survey.
                                               issue are also invited to submit written                   Average Hours per Response: 30                        The Census Bureau will use mail out/
                                               comments; the comments must be                           minutes.                                              mail back survey forms to collect the
                                               received in the regional office by Friday,                 Burden Hours: 3,000.                                data with online reporting encouraged.
                                               September 7, 2018. Written comments                        Needs and Uses: The data collected in               Online response for the survey is
                                               may be mailed to the Eastern Regional                    the Manufacturers’ Unfilled Orders                    typically 70 percent. Companies are
                                               Office, U.S. Commission on Civil Rights,                 (M3UFO) Survey will be used to                        asked to respond to the survey within
                                               1331 Pennsylvania Avenue, Suite 1150,                    benchmark the new and unfilled orders                 30 days of receipt. The Census Bureau
                                               Washington, DC 20425, faxed to (202)                     information published in the monthly                  mails letters encouraging participation
                                               376–7548, or emailed to Evelyn Bohor at                  Manufacturers’ Shipments, Inventories,                to companies that have not responded
                                               ebohor@usccr.gov. Persons who desire                     and Orders (M3) Survey. The M3 Survey                 within 30 days and later uses telephone
                                               additional information may contact the                   collects monthly data on the value of                 follow-up to seek response from
                                               Eastern Regional Office at (202) 376–                    shipments, inventories, and new and                   delinquent companies.
                                               7533.                                                    unfilled orders from manufacturing                      Affected Public: Businesses or other
                                                  Records and documents discussed                       companies. The data are used by the                   for-profit.
                                               during the meeting will be available for                 Bureau of Economic Analysis, the                        Frequency: Annually.
                                               public viewing as they become available                  Council of Economic Advisers, the                       Respondent’s Obligation: Mandatory.
                                               at http://facadatabase.gov/committee/                                                                            Legal Authority: Title 13 U.S.C.,
                                                                                                        Federal Reserve Board, the Conference
                                               meetings.aspx?cid=272 and clicking on                                                                          Sections 131 and 182.
                                                                                                        Board, and members of the business                      This information collection request
                                               the ‘‘Meeting Details’’ and ‘‘Documents’’                community such as trade associations
                                               links. Records generated from this                                                                             may be viewed at www.reginfo.gov.
                                                                                                        and the media to analyze business                     Follow the instructions to view
                                               meeting may also be inspected and                        conditions in the manufacturing sector.
                                               reproduced at the Eastern Regional                                                                             Department of Commerce collections
                                                                                                          The associated monthly M3 Survey                    currently under review by OMB.
                                               Office, as they become available, both                   estimates are based on a panel of                       Written comments and
                                               before and after the meeting. Persons                    approximately 5,000 reporting units that              recommendations for the proposed
                                               interested in the work of this advisory                  represent approximately 3,100                         information collection should be sent
                                               committee are advised to go to the                       companies and provide an indication of                within 30 days of publication of this
                                               Commission’s website, www.usccr.gov,                     month-to-month change for the                         notice to OIRA_Submission@
                                               or to contact the Eastern Regional Office                Manufacturing Sector. These reporting                 omb.eop.gov or fax to (202)395–5806.
                                               at the above phone number, email or                      units may be divisions of diversified
                                               street address.                                          large companies, large homogenous                     Sheleen Dumas,
                                               Agenda                                                   companies, or single-unit                             Departmental Lead PRA Officer, Office of the
                                                                                                        manufacturers. The M3 estimates are                   Chief Information Officer.
                                               Welcome and Introductions                                periodically benchmarked to                           [FR Doc. 2018–16182 Filed 7–27–18; 8:45 am]
                                                 Jennifer Steinfeld, Chair, Rhode                       comprehensive data on the                             BILLING CODE 3510–07–P
                                                   Island Advisory Committee                            manufacturing sector from the Annual
                                               Opening Statement                                        Survey of Manufactures (ASM), the
                                                 Jennifer Steinfeld, Chair, Rhode                       Economic Census (shipments and                        DEPARTMENT OF COMMERCE
                                                   Island Advisory Committee                            inventories) and the M3UFO Survey,
                                               Roundtable Meeting                                       which is the subject of this notice.                  International Trade Administration
                                                 Invited Experts to Present Topical                     Unfilled orders data are not collected in             [A–583–863]
                                                   Civil Rights Issues                                  the ASM or the Economic Census. To
                                               Open Comment                                             obtain more accurate M3 estimates of                  Forged Steel Fittings From Taiwan:
                                                 Dated: July 25, 2018.                                  unfilled orders, which are also used in               Final Determination of Sales at Less
                                               David Mussatt,                                           deriving M3 estimates of new orders, we               Than Fair Value
                                               Supervisory Chief, Regional Programs Unit.               conduct the M3UFO Survey annually to                  AGENCY:   Enforcement and Compliance,
                                               [FR Doc. 2018–16179 Filed 7–27–18; 8:45 am]              be used as the source for benchmarking                International Trade Administration,
                                               BILLING CODE P
                                                                                                        M3 unfilled orders data. Industries that              Department of Commerce.
                                                                                                        maintain unfilled orders cannot fulfill
                                                                                                                                                              SUMMARY: The Department of Commerce
                                                                                                        the order in the same month in which
                                                                                                                                                              (Commerce) determines that imports of
                                                                                                        the order is received. This is not true for
                                               DEPARTMENT OF COMMERCE                                                                                         forged steel fittings from Taiwan are
                                                                                                        each industry, and occurs mainly in
                                                                                                                                                              being, or are likely to be, sold in the
                                               Submission for OMB Review;                               industries where production takes
                                                                                                                                                              United States at less than fair value
                                               Comment Request                                          longer than one month. In order to
                                                                                                                                                              (LTFV). The period of investigation
                                                                                                        reduce burden from our respondents,
                                                                                                                                                              (POI) is October 1, 2016, through
                                                 The Department of Commerce will                        the M3UFO data are used to determine
                                                                                                                                                              September 30, 2017. The final margins
                                               submit to the Office of Management and                   which North American Industry
                                                                                                                                                              of sales at LTFV are listed below in the
                                               Budget (OMB) for clearance the                           Classification System (NAICS)
                                                                                                                                                              ‘‘Final Determination’’ section of this
                                               following proposal for collection of                     industries continue to maintain unfilled
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                                                                              notice.
                                               information under the provisions of the                  orders. We then utilize that information
                                               Paperwork Reduction Act.                                 to only request unfilled orders on the                DATES: Applicable July 30, 2018.
                                                 Agency: U.S. Census Bureau.                            monthly M3 survey from the NAICS                      FOR FURTHER INFORMATION CONTACT:
                                                 Title: Manufacturers’ Unfilled Orders                  industries that actually have unfilled                Robert Palmer (202) 482–9068 or
                                               Survey.                                                  orders which cannot be completed                      Suzanne Lam at (202) 482–0783, AD/
                                                 OMB Control Number: 0607–0561.                         within the same month that the order                  CVD Operations, Enforcement and
                                                 Form Number(s): MA–3000.                               was placed.                                           Compliance, International Trade


                                          VerDate Sep<11>2014   20:33 Jul 27, 2018   Jkt 244001   PO 00000   Frm 00007   Fmt 4703   Sfmt 4703   E:\FR\FM\30JYN1.SGM   30JYN1


                                               36520                           Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices

                                               Administration, U.S. Department of                       weld outlets as specified in the scope.5                Use of Adverse Facts Available
                                               Commerce, 1401 Constitution Avenue                       Based on these parties’ comments and
                                               NW, Washington, DC 20230.                                our analysis of them, we made no                          The mandatory respondents Bothwell
                                               SUPPLEMENTARY INFORMATION:                               changes to the scope of the                             and Luchu failed to participate in this
                                                                                                        investigations, as it appeared in the                   investigation.10 Therefore, in the
                                               Background                                                                                                       Preliminary Determination, pursuant to
                                                                                                        Preliminary Determination. Further, we
                                                  On May 17, 2018, Commerce                             continued to find that outlets are fittings             sections 776(a)(1), 776(a)(2)(A)–(C), and
                                               published in the Federal Register the                    and are therefore covered by the scope                  776(b) of the Act, we assigned Bothwell
                                               Preliminary Determination of sales at                    of this investigation and the concurrent                and Luchu a dumping rate based on
                                               LTFV of forged steel fittings from                       investigation of forged steel fittings from             AFA. No parties filed comments in
                                               Taiwan and invited interested parties to                                                                         opposition to our Preliminary
                                                                                                        China and Italy, while butt weld outlets
                                               comment.1 The only comment received                                                                              Determination with respect to Bothwell
                                                                                                        are butt weld fittings and are excluded
                                               was from Bonney Forge Corporation and                                                                            and Luchu and there is no new
                                                                                                        from the scope of the investigation. For
                                               United Steel, Paper and Forestry,                                                                                information on the record that would
                                                                                                        a summary of the product coverage
                                               Rubber, Manufacturing, Energy, Allied                                                                            cause us to revisit our preliminary AFA
                                                                                                        comments and rebuttals submitted to
                                               Industrial and Service Workers                                                                                   determination. Accordingly, we
                                               International Union (USW) (collectively,                 the records of this investigation and the
                                                                                                                                                                continue to find that the application of
                                               the petitioners) agreeing with our                       concurrent investigations of forged steel               AFA pursuant to section 776(a) and (b)
                                               affirmative preliminary determination to                 fittings from China and Italy, and our                  of the Act is warranted with respect to
                                               apply total adverse facts available (AFA)                accompanying discussion and analysis                    Bothwell and Luchu. In applying total
                                               to the non-responsive companies.2                        of them, see the Final Scope Decision                   AFA, we assigned to Bothwell’s and
                                               Accordingly, we made no changes to the                   Memorandum.6                                            Luchu’s exports of the subject
                                               Preliminary Determination.                               Verification                                            merchandise a rate of 116.17 percent,
                                               Scope of the Investigation                                                                                       which is the only rate calculated in the
                                                                                                           As stated in the Preliminary                         Petition Amendment 11 and which has
                                                  The products covered by this                          Determination, Kopex Industrial Co.                     been corroborated to the extent
                                               investigation are forged steel fittings                  (Kopex), a mandatory respondent in this                 practicable within the meaning of
                                               from Taiwan. For a full description of                   investigation, claimed that it did not                  section 776(c) of the Act.12
                                               the scope of this investigation, see the                 produce or export forged steel fittings
                                               ‘‘Scope of the Investigation,’’ at the                   from Taiwan during the POI.7 As                         All-Others Rate
                                               Appendix to this notice.
                                                                                                        provided in section 782(i) of the Tariff                   As discussed in the Preliminary
                                               Scope Comments                                           Act of 1930, as amended (the Act), on                   Determination, Commerce based the
                                                  During the course of this investigation               May 30, 2018, we conducted                              ‘‘All-Others’’ rate on the, as noted
                                               and the concurrent investigations of                     verification of Kopex’s claim using                     above, only dumping margin alleged in
                                               forged steel fittings from the People’s                  standard verification procedures,                       the Petition Amendment,13 in
                                               Republic of China (China) and Italy,                     including an examination of relevant                    accordance with section 735(c)(5)(B) of
                                               Commerce received numerous scope                         accounting records and original source                  the Act. We made no changes to the
                                               comments from interested parties.                        documents provided by Kopex. As a                       selection of this rate for this final
                                               Commerce issued a Preliminary Scope                      result of the verification, we confirmed                determination.
                                               Decision Memorandum 3 and a Second                       that Kopex did not produce or sell
                                               Preliminary Scope Decision                               forged steel fittings from Taiwan during                Final Determination
                                               Memorandum 4 to address these                            the POI.8 Because the other mandatory                     The final estimated weighted-average
                                               comments. In the Second Preliminary                      respondents, Both Well Steel Fittings                   dumping margins are as follows:
                                               Scope Decision Memorandum,                               Co., Ltd. (Bothwell) and Luchu Shin Yee
                                               Commerce preliminarily found that                        Works Co., Ltd. (Luchu), failed to                                                                      Estimated
                                               outlets are fittings and are included in                 participate in the investigation, there                                                                 weighted-
                                               the scope of the investigations and that                 was no information to verify with                                                                        average
                                                                                                                                                                      Exporter or producer
                                               butt weld outlets are butt weld fittings                                                                                                                       dumping mar-
                                                                                                        respect to either company.9                                                                                 gin
                                               and are excluded from the scope of the                                                                                                                           (percent)
                                               investigations. Following the                              5 See letter from MEGA re: Brief of MEGA in

                                               Preliminary Determination, Commerce                      Response to Scope Issues Raised by the Preliminary      Both Well Steel Fittings Co.,
                                               received scope case and rebuttal briefs                  Determination Regarding the Expansion of the              Ltd .....................................         116.17
                                                                                                        Scope of the Investigations to Include Outlets, dated
                                               from the petitioners and M.E.G.A S.p.A.                  May 29, 2018; letter from the petitioners re: Case
                                                                                                                                                                Luchu Shin Yee Works Co.,
                                               (MEGA) concerning outlets and butt                       Brief on Scope, dated May 29, 2018; letter from
                                                                                                                                                                  Ltd .....................................         116.17
                                                                                                        MEGA re: Rebuttal Brief of MEGA in Response to          All-Others ..............................           116.17
                                                 1 See Forged Steel Fittings from Taiwan:               Scope Issues Raised by the Preliminary
                                               Affirmative Preliminary Determination of Sales at        Determination Regarding the Expansion of the
                                               Less Than Fair Value, 83 FR 22957 (May 17, 2018)         Scope of the Investigations to Include Outlets, dated      10 See Preliminary Determination Memorandum

                                               (Preliminary Determination) and accompanying             June 4, 2018; and letter from the petitioners re:       at 4–8.
                                               Preliminary Decision Memorandum.                         Scope Rebuttal Brief, dated June 4, 2018.                  11 See Petitions for the Imposition of
                                                 2 See letter from the petitioners re: Petitioners’       6 See Memorandum to the File, ‘‘Forged Steel
                                                                                                                                                                Antidumping and Countervailing Duties: Forged
                                                                                                        Fittings from China, Italy and Taiwan: Final Scope
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                                               Case Brief, dated June 15, 2018.                                                                                 Steel Fittings from the People’s Republic of China,
                                                 3 See Memorandum to the File, ‘‘Scope Comments         Determination Decision Memorandum,’’ dated              Italy, and Taiwan, Volume V, dated October 5, 2017
                                               Decision Memorandum for the Preliminary                  concurrently with this notice (Final Scope Decision     (the Petition); see also letter from the petitioners’ re:
                                               Determinations,’’ dated March 7, 2018 (Preliminary       Memorandum).                                            Response to Supplemental Questionnaire, dated
                                                                                                          7 See Preliminary Determination Memorandum at         October 11, 2017 at 1–2 (Petition Amendment).
                                               Scope Decision Memorandum).
                                                 4 See Memorandum to the File, ‘‘Second                 3–4.                                                       12 See Preliminary Determination Memorandum
                                                                                                          8 See Memorandum to the File, ‘‘Verification of       at 6–8.
                                               Preliminary Scope Decision Memorandum,’’ dated
                                               May 7, 2018 (Second Preliminary Scope Decision           Kopex Industrial Co., Ltd.,’’ dated June 8, 2018.          13 See Petition and Petition Amendment; see also

                                               Memorandum).                                               9 See Preliminary Determination, 83 FR at 22958.      Preliminary Determination Memorandum at 8–9.



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                                                                               Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices                                                  36521

                                               Continuation of Suspension of                            importation of forged steel fittings, no              casting. Pursuant to the applicable
                                               Liquidation                                              later than 45 days after this final                   specifications, subject fittings may also be
                                                                                                        determination. If the ITC determines                  machined from bar stock or machined from
                                                 In accordance with section                                                                                   seamless pipe and tube.
                                               735(c)(1)(B) of the Act, for this final                  that such injury does not exist, this
                                                                                                        proceeding will be terminated and all                    All types of fittings are included in the
                                               determination, we will direct U.S.                                                                             scope regardless of nominal pipe size (which
                                               Customs and Border Protection (CBP) to                   cash deposits posted will be refunded.
                                                                                                        If the ITC determines that such injury                may or may not be expressed in inches of
                                               continue to suspend liquidation of all                                                                         nominal pipe size), pressure rating (usually,
                                               entries of forged steel fittings from                    does exist, Commerce will issue an
                                                                                                        antidumping duty order directing CBP                  but not necessarily expressed in pounds of
                                               Taiwan, as described in the Appendix to                                                                        pressure/PSI, e.g., 2,000 or 2M; 3,000 or 3M;
                                               this notice, which are entered, or                       to assess, upon further instruction by
                                                                                                        Commerce, antidumping duties on all                   6,000 or 6M; 9,000 or 9M), wall thickness,
                                               withdrawn from warehouse, for                                                                                  and whether or not heat treated.
                                               consumption on or after May 17, 2018,                    imports of the subject merchandise
                                                                                                        entered, or withdrawn from warehouse,                    Excluded from this scope are all fittings
                                               the date of publication in the Federal                                                                         entirely made of stainless steel. Also
                                               Register of the affirmative Preliminary                  for consumption on or after the effective
                                                                                                        date of the suspension of liquidation, as             excluded are flanges, butt weld fittings, butt
                                               Determination.                                                                                                 weld outlets, nipples, and all fittings that
                                                 Pursuant to section 735(c)(1)(B)(ii) of                discussed above in the ‘‘Continuation of
                                                                                                                                                              have a maximum pressure rating of 300
                                               the Act and 19 CFR 351.210(d),                           Suspension of Liquidation’’ section.
                                                                                                                                                              pounds of pressure/PSI or less.
                                               Commerce will instruct CBP to require                    Notification Regarding Administrative                    Also excluded are fittings certified or made
                                               a cash deposit for such entries of                       Protective Orders                                     to the following standards, so long as the
                                               merchandise equal to the estimated                          This notice will serve as a reminder               fittings are not also manufactured to the
                                               weighted-average dumping margin or                       to parties subject to an administrative               specifications of ASME B16.11, MSS SP–79,
                                               the estimated all-others rate, as follows:               protective order (APO) of their                       MSS SP–83, MSS SP–97, ASTM A105,
                                               (1) The cash deposit rate for the                        responsibility concerning the                         ASTM A350, and ASTM A182:
                                               respondents listed above will be equal                   disposition of propriety information                  • American Petroleum Institute (API) API
                                               to the respondent-specific estimated                     disclosed under APO in accordance                        5CT, API 5L, or API 11B
                                               weighted-average dumping margin                          with 19 CFR 351.305(a)(3). Timely                     • Society of Automotive Engineering (SAE)
                                               determined in this final determination;                  written notification of return or                        SAE J476, SAE J514, SAE J516, SAE J517,
                                               (2) if the exporter is not a respondent                  destruction of APO materials, or                         SAE J518, SAE J1026, SAE J1231, SAE
                                               identified above but the producer is,                    conversion to judicial protective order,                 J1453, SAE J1926, J2044 or SAE AS 35411
                                               then the cash deposit rate will be equal                 is hereby requested. Failure to comply                • Underwriter’s Laboratories (UL) certified
                                               to the respondent-specific estimated                     with the regulations and terms of an                     electrical conduit fittings
                                               weighted-average dumping margin                          APO is a sanctionable violation.                      • ASTM A153, A536, A576, or A865
                                               established for that producer of the                                                                           • Casing Conductor Connectors 16–42 inches
                                               subject merchandise; and (3) the cash                    Notification to Interested Parties                       in diameter made to proprietary
                                               deposit rate for all other producers and                   This determination is issued and                       specifications
                                               exporters will be equal to the all-others                published in accordance with sections                 • Military Specification (MIL) MIL–C–4109F
                                               estimated weighted-average dumping                       735(d) and 777(i)(1) of the Act and 19                   and MIL–F–3541
                                               margin.                                                  CFR 351.210(c).                                       • International Organization for
                                               Disclosure                                                 Dated: July 23, 2018.                                  Standardization (ISO) ISO6150–B
                                                                                                        Gary Taverman,                                           To be excluded from the scope, products
                                                 The estimated weighted-average                                                                               must have the appropriate standard or
                                               dumping margins assigned to the                          Deputy Assistant Secretary for Antidumping
                                                                                                        and Countervailing Duty Operations,                   pressure markings and/or accompanied by
                                               mandatory respondents in this                                                                                  documentation showing product compliance
                                                                                                        performing the non-exclusive functions and
                                               investigation in the Preliminary                         duties of the Assistant Secretary for                 to the applicable standard or pressure, e.g.,
                                               Determination were based on AFA. As                      Enforcement and Compliance.                           ‘‘API 5CT’’ mark and/or a mill certification
                                               these margins are based on the rate                                                                            report.
                                               calculated in the Petition Amendment,                    Appendix                                                 Subject carbon and alloy forged steel
                                               and because we made no changes to                        Scope of the Investigation                            fittings are normally entered under
                                               these margins since the Preliminary                         The merchandise covered by this                    Harmonized Tariff Schedule of the United
                                               Determination, no disclosure of                          investigation is carbon and alloy forged steel        States (HTSUS) 7307.99.1000, 7307.99.3000,
                                               calculations is necessary for this final                 fittings, whether unfinished (commonly                7307.99.5045, and 7307.99.5060. They also
                                               determination.                                           known as blanks or rough forgings) or                 may be entered under HTSUS 7307.92.3010,
                                                                                                        finished. Such fittings are made in a variety         7307.92.3030, 7307.92.9000, and
                                               International Trade Commission                           of shapes including, but not limited to,
                                               Notification                                                                                                   7326.19.0010. The HTSUS subheadings and
                                                                                                        elbows, tees, crosses, laterals, couplings,
                                                                                                                                                              specifications are provided for convenience
                                                  In accordance with section 735(d) of                  reducers, caps, plugs, bushings, unions, and
                                                                                                        outlets. Forged steel fittings are covered            and customs purposes; the written
                                               the Act, we will notify the International                regardless of end finish, whether threaded,           description of the scope is dispositive.
                                               Trade Commission (ITC) of the final                      socket-weld or other end connections.                 [FR Doc. 2018–16194 Filed 7–27–18; 8:45 am]
                                               affirmative determination of sales at                       While these fittings are generally                 BILLING CODE 3510–DS–P
                                               LTFV. Because Commerce’s final                           manufactured to specifications ASME
                                               determination is affirmative, in                         B16.11, MSS SP–79, MSS SP–83, MSS SP–
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                                               accordance with section 735(b)(2) of the                 97, ASTM A105, ASTM A350, and ASTM
                                               Act, the ITC will make its final                         A182, the scope is not limited to fittings
                                                                                                        made to these specifications.
                                               determination as to whether the                             The term forged is an industry term used
                                               domestic industry in the United States                   to describe a class of products included in
                                               is materially injured, or threatened with                applicable standards, and does not reference
                                               material injury, by reason of imports or                 an exclusive manufacturing process. Forged
                                               sales (or the likelihood of sales) for                   steel fittings are not manufactured from



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Document Created: 2018-07-28 01:44:17
Document Modified: 2018-07-28 01:44:17
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 July 30, 2018.
ContactRobert Palmer (202) 482-9068 or Suzanne Lam at (202) 482-0783, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
FR Citation83 FR 36519 

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