83 FR 40227 - Stainless Steel Butt-Weld Pipe Fittings From the Philippines: Initiation of Antidumping Duty Changed Circumstances Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 157 (August 14, 2018)
International Trade Administration
Federal Register Volume 83, Issue 157 (August 14, 2018)
| Page Range | 40227-40228 | |
| FR Document | 2018-17411 |
[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)] [Notices] [Pages 40227-40228] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17411] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-565-801] Stainless Steel Butt-Weld Pipe Fittings From the Philippines: Initiation of Antidumping Duty Changed Circumstances Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from Core Pipe Products, Inc., Shaw Alloy Piping Products, Inc., and Taylor Forge Stainless, Inc. (the petitioners), the Department of Commerce (Commerce) is initiating a changed circumstances review of the antidumping duty order on stainless steel butt-weld pipe fittings (pipe fittings) from the Philippines. DATES: Applicable August 14, 2018. FOR FURTHER INFORMATION CONTACT: Julie Geiger or Fred Baker, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2057 or (202) 482-2924, respectively. SUPPLEMENTARY INFORMATION: Background As a result of the antidumping duty order \1\ issued following the completion of the less-than-fair-value (LTFV) investigation of pipe fittings from the Philippines, imports of pipe fittings from respondent Enlin Steel Corporation (Enlin) became subject to a cash deposit rate of 33.81 percent.\2\ The ``all others'' rate established in the LTFV investigation was 7.59 percent.\3\ --------------------------------------------------------------------------- \1\ See Antidumping Duty Orders: Stainless Steel Butt-Weld Pipe Fittings from Italy, Malaysia, and the Philippines, 66 FR 11257 (February 23, 2001) (the Order). \2\ Id.; see also Stainless Steel Butt-Weld Pipe Fittings from the Philippines Amended Final Determination of Sales at Less Than Fair Value Pursuant to Court Remand, 70 FR 30086 (May 25, 2005) (Amended Order). \3\ See the Order and Amended Order. --------------------------------------------------------------------------- On May 24, 2018, the petitioners requested that Commerce initiate a changed circumstances review of the Order, alleging that since imposition of the Order, Enlin has been evading the cash deposit rates established in the investigation by shipping its production through its affiliates Vinox Corporation (Vinox) (or Vinoc Corporation) and E N Corporation, which enter merchandise under the lower ``all others'' rate.\4\ The petitioners also filed a supplement to their request on May 31, 2018, which provided further support for their allegation.\5\ On June 26, 2018, Enlin, Vinox, and E N Corporation filed comments requesting that Commerce deny the petitioners' request.\6\ The petitioners filed a rebuttal to these comments on June 26, 2018, requesting that Commerce disregard Enlin's opposition letter.\7\ On July 5, 2018, [[Page 40228]] Commerce issued a 30-day extension for its decision on whether or not to initiate a changed circumstances review, citing the complexities of the request.\8\ --------------------------------------------------------------------------- \4\ See Petitioners' Letter, ``Stainless Steel Butt-Weld Pipe Fittings from the Philippines--Petitioners' Request for Initiation of Changed Circumstances Review A-565-801,'' dated May 24, 2018 (Petitioners' Request). \5\ See Petitioners' Letter, ``Stainless Steel Butt-Weld Pipe Fittings from the Philippines--Petitioners' Supplement to Changed Circumstances Review Request,'' dated May 31, 2018 (Petitioners' Supplement). \6\ See Enlin's Letter, dated June 26, 2018. \7\ See Petitioners' Letter, ``Antidumping Duty Order on Stainless Steel Butt-Weld Pipe Fittings from the Philippines-- Petitioners' Rebuttal to Respondents' Opposition to Changed Circumstances Review Request,'' dated June 26, 2018. \8\ See Commerce's Letter, ``Stainless Steel Butt-Weld Pipe Fittings from the Philippines: Extension of Time for Changed Circumstances Review Initiation Decision,'' dated July 5, 2018. --------------------------------------------------------------------------- Scope of the Order The products covered by the order are certain stainless steel butt- weld pipe fittings that are under 14 inches in outside diameter (based on nominal pipe size), whether finished or unfinished. For a full description of the scope of the order, see the Appendix to this notice. Initiation of Changed Circumstances Review Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), Commerce will conduct a changed circumstances review upon receipt of information concerning, or a request from an interested party of, an antidumping duty order which shows changed circumstances sufficient to warrant a review of the order. In its request for initiation, the petitioners provided information indicating that since the issuance of the Order, there has been a change in the trading patterns and activities of Enlin, Vinox, and E N Corporation. The petitioners assert that the information provided demonstrates that the Order is being evaded. In accordance with 19 CFR 351.216(d), based on the information provided by the petitioners regarding new trading patterns and possible evasion of the Order, Commerce finds that changed circumstances sufficient to warrant the initiation of a changed circumstances review exist. Therefore, we are initiating a changed circumstances administrative review, pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(b) and (d) to determine whether action is necessary to maintain the integrity of the Order. Commerce intends to publish in the Federal Register a notice of preliminary results of the antidumping duty changed circumstances review, in accordance with 19 CFR 351.221(b)(4) and 351.221(c)(3)(i), which will set forth Commerce's preliminary factual and legal conclusions. Commerce will issue its final results of review in accordance with the time limits set forth in 19 CFR 351.216(e). We are issuing this notice in accordance with sections 751(b)(1) and 777(i)(l) of the Act and 19 CFR 351.216. Dated: August 6, 2018. James Maeder Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix Scope of the Order The products covered by the order are certain stainless steel butt-weld pipe fittings. Certain stainless steel butt-weld pipe fittings are under 14 inches in outside diameter (based on nominal pipe size), whether finished or unfinished. The products encompass all grades of stainless steel and ``commodity'' and ``specialty'' fittings. Specifically excluded from the definition are threaded, grooved, and bolted fittings, and fittings made from any material other than stainless steel. The fittings subject to the order are generally designated under specification ASTM A403/A403M, the standard specification for Wrought Austenitic Stainless Steel Piping Fittings, or its foreign equivalents (e.g., DIN or JIS specifications). This specification covers two general classes of fittings, WP and CR, of wrought austenitic stainless steel fittings of seamless and welded construction covered by the latest revision of ANSI B16.9, ANSI B16.11, and ANSI B16.28. Pipe fittings manufactured to specification ASTM A774, or its foreign equivalents, are also covered by the order. The order does not apply to cast fittings. Cast austenitic stainless steel pipe fittings are covered by specifications A351/ A351M, A743/743M, and A744/A744M. The stainless steel butt-weld pipe fittings subject to the order are currently classifiable under subheading 7307.23.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. [FR Doc. 2018-17411 Filed 8-13-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices 40227
extending the provisional measures application of the provisional measures on stainless steel butt-weld pipe fittings
period from a four-month period to a from a four-month period to a period of (pipe fittings) from the Philippines.
period of not more than six months. not more than six months.3 DATES: Applicable August 14, 2018.
DATES: Applicable August 14, 2018. In accordance with section FOR FURTHER INFORMATION CONTACT: Julie
FOR FURTHER INFORMATION CONTACT: 735(a)(2)(A) of the Act and 19 CFR Geiger or Fred Baker, AD/CVD
Nancy Decker, Lauren Caserta, or Caitlin 351.210(b)(2)(ii), because: (1) The Operations, Office VI, Enforcement and
Monks, AD/CVD Operations, Office VII, preliminary determination was Compliance, International Trade
Enforcement and Compliance, affirmative; (2) the request was made by Administration, U.S. Department of
International Trade Administration, exporters who account for a significant Commerce, 1401 Constitution Avenue
U.S. Department of Commerce, 1401 proportion of exports of the subject NW, Washington, DC 20230; telephone:
Constitution Avenue NW, Washington, merchandise from the country at issue; (202) 482–2057 or (202) 482–2924,
DC 20230; telephone: (202) 482–0196, and (3) no compelling reasons for denial respectively.
(202) 482–4737, or (202) 482–2670, exist, Commerce is postponing the final
determination of the investigation until SUPPLEMENTARY INFORMATION:
respectively.
no later than 135 days after the date of Background
SUPPLEMENTARY INFORMATION: the publication of the relevant
preliminary determination, and As a result of the antidumping duty
Background
extending the provisional measures order 1 issued following the completion
On January 23, 2018, Commerce of the less-than-fair-value (LTFV)
from a four-month period to a period of
initiated the LTFV investigation of investigation of pipe fittings from the
not more than six months. Accordingly,
imports of certain plastic decorative Philippines, imports of pipe fittings
Commerce will issue its final
ribbon from China.1 The period of from respondent Enlin Steel
determination in the LTFV investigation
investigation is April 1, 2017, through Corporation (Enlin) became subject to a
no later than December 21, 2018.4
September 31, 2017. On August 8, 2018, This notice is issued and published cash deposit rate of 33.81 percent.2 The
Commerce published its Preliminary pursuant to 19 CFR 351.210(g). ‘‘all others’’ rate established in the LTFV
Determination in the LTFV investigation was 7.59 percent.3
investigation.2 Dated: August 8, 2018. On May 24, 2018, the petitioners
James Maeder, requested that Commerce initiate a
Postponement of Final Determination Associate Deputy Assistant Secretary for changed circumstances review of the
Section 735(a)(2) of the Tariff Act of Antidumping and Countervailing Duty Order, alleging that since imposition of
1930, as amended (the Act), and 19 CFR Operations performing the duties of Deputy
Assistant Secretary for Antidumping and
the Order, Enlin has been evading the
351.210(b)(2) provide that a final cash deposit rates established in the
determination may be postponed until Countervailing Duty Operations.
[FR Doc. 2018–17413 Filed 8–13–18; 8:45 am]
investigation by shipping its production
not later than 135 days after the date of through its affiliates Vinox Corporation
the publication of the preliminary BILLING CODE 3510–DS–P
(Vinox) (or Vinoc Corporation) and E N
determination if, in the event of an Corporation, which enter merchandise
affirmative preliminary determination, a under the lower ‘‘all others’’ rate.4 The
request for such postponement is made DEPARTMENT OF COMMERCE
petitioners also filed a supplement to
by the exporters or producers who their request on May 31, 2018, which
International Trade Administration
account for a significant proportion of provided further support for their
exports of the subject merchandise, or in [A–565–801]
allegation.5 On June 26, 2018, Enlin,
the event of a negative preliminary Vinox, and E N Corporation filed
determination, a request for such Stainless Steel Butt-Weld Pipe Fittings
From the Philippines: Initiation of comments requesting that Commerce
postponement is made by the
Antidumping Duty Changed deny the petitioners’ request.6 The
petitioners. Further, 19 CFR
Circumstances Review petitioners filed a rebuttal to these
351.210(e)(2) requires that such
comments on June 26, 2018, requesting
postponement requests by exporters be AGENCY: Enforcement and Compliance, that Commerce disregard Enlin’s
accompanied by a request for extension International Trade Administration, opposition letter.7 On July 5, 2018,
of provisional measures from a four- Department of Commerce.
month period to a period of not more SUMMARY: In response to a request from 1 See Antidumping Duty Orders: Stainless Steel
than six months, in accordance with Core Pipe Products, Inc., Shaw Alloy Butt-Weld Pipe Fittings from Italy, Malaysia, and
section 733(d) of the Act. Piping Products, Inc., and Taylor Forge the Philippines, 66 FR 11257 (February 23, 2001)
On July 19, 2018, Dongguan Mei Song (the Order).
Stainless, Inc. (the petitioners), the 2 Id.; see also Stainless Steel Butt-Weld Pipe
Plastic Industry Co., Ltd. (Mei Song) and Department of Commerce (Commerce) is Fittings from the Philippines Amended Final
Ningbo Junlong Craft Gift Co., Ltd. initiating a changed circumstances Determination of Sales at Less Than Fair Value
(Junlong), two mandatory respondents review of the antidumping duty order Pursuant to Court Remand, 70 FR 30086 (May 25,
that account for a ‘‘significant portion’’ 2005) (Amended Order).
3 See the Order and Amended Order.
of subject merchandise in the LTFV 3 See Letter from Mei Song and Junlong, ‘‘Certain
4 See Petitioners’ Letter, ‘‘Stainless Steel Butt-
investigation, requested that Commerce Plastic Decorative Ribbon from the People’s
Republic of China—Request for Extension of Final Weld Pipe Fittings from the Philippines—
fully extend the deadline for the final Petitioners’ Request for Initiation of Changed
Determination,’’ dated July 19, 2018.
determination and extend the 4 The final determination of the accompanying Circumstances Review A–565–801,’’ dated May 24,
countervailing duty (CVD) investigation has been 2018 (Petitioners’ Request).
amozie on DSK3GDR082PROD with NOTICES1
1 See Certain Plastic Decorative Ribbon from the 5 See Petitioners’ Letter, ‘‘Stainless Steel Butt-
previously aligned with the LTFV investigation.
People’s Republic of China: Initiation of Less-Than- Thus, the deadline for issuing the final Weld Pipe Fittings from the Philippines—
Fair-Value Investigation, 83 FR 3126 (January 23, determination of the CVD investigation is also Petitioners’ Supplement to Changed Circumstances
2018) (Initiation Notice). December 21, 2018. See Certain Plastic Decorative Review Request,’’ dated May 31, 2018 (Petitioners’
2 See Certain Plastic Decorative Ribbon From the Ribbon From the People’s Republic of China: Supplement).
6 See Enlin’s Letter, dated June 26, 2018.
People’s Republic of China: Preliminary Preliminary Affirmative Countervailing Duty
Determination of Sales at Less Than Fair Value, 83 Determination and Alignment of Final 7 See Petitioners’ Letter, ‘‘Antidumping Duty
FR 39058 (August 8, 2018) (Preliminary Determination With Final Antidumping Duty Order on Stainless Steel Butt-Weld Pipe Fittings
Determination). Determination, 83 FR 29096 (June 22, 2018). Continued
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![40228 Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices
Commerce issued a 30-day extension for We are issuing this notice in administrative review of the
its decision on whether or not to initiate accordance with sections 751(b)(1) and countervailing duty (CVD) order on
a changed circumstances review, citing 777(i)(l) of the Act and 19 CFR 351.216. heavy walled rectangular welded carbon
the complexities of the request.8 Dated: August 6, 2018. steel pipes and tubes (HWR pipes and
James Maeder
tubes) from the Republic of Turkey
Scope of the Order (Turkey) for the period of review
Associate Deputy Assistant Secretary for
The products covered by the order are Antidumping and Countervailing Duty
December 28, 2015, through April 25,
certain stainless steel butt-weld pipe Operations performing the duties of Deputy 2016, and September 12, 2016, through
fittings that are under 14 inches in Assistant Secretary for Antidumping and December 31, 2016. Commerce
outside diameter (based on nominal Countervailing Duty Operations. preliminarily determines that
pipe size), whether finished or countervailable subsidies are being
Appendix provided to Ozdemir Boru Profil San.
unfinished. For a full description of the
Scope of the Order Ve Tic. Ltd. Sti. (Ozdemir), the sole
scope of the order, see the Appendix to
The products covered by the order are producer/exporter of HWR pipes and
this notice.
certain stainless steel butt-weld pipe fittings. tubes from Turkey subject to this
Initiation of Changed Circumstances Certain stainless steel butt-weld pipe fittings review.
Review are under 14 inches in outside diameter
(based on nominal pipe size), whether
DATES: Applicable August 14, 2018.
Pursuant to section 751(b)(1) of the finished or unfinished. The products FOR FURTHER INFORMATION CONTACT:
Tariff Act of 1930, as amended (the Act), encompass all grades of stainless steel and Brian Smith or Janae Martin, AD/CVD
Commerce will conduct a changed ‘‘commodity’’ and ‘‘specialty’’ fittings. Operations, Office VIII, Enforcement
Specifically excluded from the definition are and Compliance, International Trade
circumstances review upon receipt of threaded, grooved, and bolted fittings, and
information concerning, or a request Administration, U.S. Department of
fittings made from any material other than Commerce, 1401 Constitution Avenue
from an interested party of, an stainless steel.
antidumping duty order which shows The fittings subject to the order are
NW, Washington, DC 20230; telephone:
changed circumstances sufficient to generally designated under specification (202) 482–1766 or (202) 482–0238,
warrant a review of the order. In its ASTM A403/A403M, the standard respectively.
request for initiation, the petitioners specification for Wrought Austenitic SUPPLEMENTARY INFORMATION:
Stainless Steel Piping Fittings, or its foreign
provided information indicating that
equivalents (e.g., DIN or JIS specifications). Background
since the issuance of the Order, there This specification covers two general classes
has been a change in the trading of fittings, WP and CR, of wrought austenitic On November 13, 2017, Commerce
patterns and activities of Enlin, Vinox, stainless steel fittings of seamless and welded published a notice of initiation of an
and E N Corporation. The petitioners construction covered by the latest revision of administrative review of the CVD order
assert that the information provided ANSI B16.9, ANSI B16.11, and ANSI B16.28. on HWR pipes and tubes from Turkey.1
demonstrates that the Order is being Pipe fittings manufactured to specification On June 1, 2018, Commerce extended
evaded. In accordance with 19 CFR ASTM A774, or its foreign equivalents, are the deadline for the preliminary results
also covered by the order. to August 6, 2018.2 For a complete
351.216(d), based on the information The order does not apply to cast fittings.
provided by the petitioners regarding description of the events that followed
Cast austenitic stainless steel pipe fittings are the initiation of this review, see the
new trading patterns and possible covered by specifications A351/A351M,
evasion of the Order, Commerce finds A743/743M, and A744/A744M.
Preliminary Decision Memorandum.3 A
that changed circumstances sufficient to The stainless steel butt-weld pipe fittings list of topics discussed in the
warrant the initiation of a changed subject to the order are currently classifiable Preliminary Decision Memorandum is
circumstances review exist. Therefore, under subheading 7307.23.0000 of the included as an Appendix to this notice.
we are initiating a changed Harmonized Tariff Schedule of the United The Preliminary Decision Memorandum
States (HTSUS). Although the HTSUS is a public document and is on file
circumstances administrative review,
subheadings are provided for convenience electronically via Enforcement and
pursuant to section 751(b)(1) of the Act and customs purposes, the written
and 19 CFR 351.216(b) and (d) to Compliance’s Antidumping and
description of the scope of this order is
determine whether action is necessary dispositive. 1 See Initiation of Antidumping and
to maintain the integrity of the Order. [FR Doc. 2018–17411 Filed 8–13–18; 8:45 am] Countervailing Duty Administrative Reviews, 82 FR
Commerce intends to publish in the BILLING CODE 3510–DS–P 52268 (November 13, 2017).
Federal Register a notice of preliminary 2 See Memorandum, ‘‘Heavy Walled Rectangular
results of the antidumping duty changed Welded Carbon Steel Pipes and Tubes from the
DEPARTMENT OF COMMERCE Republic of Turkey: Extension of Deadline for
circumstances review, in accordance Preliminary Results of Antidumping Duty
with 19 CFR 351.221(b)(4) and Administrative Review; 2015–2016,’’ dated June 1,
351.221(c)(3)(i), which will set forth International Trade Administration 2018; see also Memorandum for The Record from
Commerce’s preliminary factual and Christian Marsh, Deputy Assistant Secretary for
[C–489–825] Enforcement and Compliance, performing the non-
legal conclusions. Commerce will issue exclusive functions and duties of the Assistant
its final results of review in accordance Heavy Walled Rectangular Welded Secretary for Enforcement and Compliance,
with the time limits set forth in 19 CFR Carbon Steel Pipes and Tubes From ‘‘Deadlines Affected by the Shutdown of the
351.216(e). the Republic of Turkey: Preliminary Federal Government’’ (Tolling Memorandum),
dated January 23, 2018. All deadlines in this
Results of Countervailing Duty
amozie on DSK3GDR082PROD with NOTICES1
segment of the proceeding have been extended by
from the Philippines—Petitioners’ Rebuttal to Administrative Review; 2016 3 days.
Respondents’ Opposition to Changed 3 See Memorandum, ‘‘Decision Memorandum for
Circumstances Review Request,’’ dated June 26, AGENCY: Enforcement and Compliance, the Preliminary Results: Administrative Review of
2018. International Trade Administration, the Countervailing Duty Order on Heavy Walled
8 See Commerce’s Letter, ‘‘Stainless Steel Butt- Rectangular Welded Carbon Steel Pipes and Tubes
Department of Commerce.
Weld Pipe Fittings from the Philippines: Extension from the Republic of Turkey,’’ dated concurrently
of Time for Changed Circumstances Review SUMMARY: The Department of Commerce with, and hereby adopted by, this notice
Initiation Decision,’’ dated July 5, 2018. (Commerce) is conducting an (Preliminary Decision Memorandum).
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Document Created: 2018-08-14 02:18:49
Document Modified: 2018-08-14 02:18:49
| 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 August 14, 2018. | |
| Contact | Julie Geiger or Fred Baker, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2057 or (202) 482-2924, respectively. | |
| FR Citation | 83 FR 40227 |
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