83 FR 44566 - Cast Iron Soil Pipe Fittings From the People's Republic of China: Countervailing Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 170 (August 31, 2018)

Page Range		44566-44567
FR Document		2018-19095

Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing a countervailing duty order on cast iron soil pipe fittings (soil pipe fittings) from the People's Republic of China (China).

Federal Register, Volume 83 Issue 170 (Friday, August 31, 2018)

[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Notices]
[Pages 44566-44567]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-19095]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-063]

Cast Iron Soil Pipe Fittings From the People's Republic of China:
Countervailing Duty Order

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

SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing a countervailing duty order on cast iron soil pipe
fittings (soil pipe fittings) from the People's Republic of China
(China).

DATES: Applicable August 31, 2018.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or Jinny Ahn, 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) 482-5973 or (202) 482-
0339, respectively.

SUPPLEMENTARY INFORMATION:

Background

On July 11, 2018, Commerce published its final determination in the
countervailing duty investigation of soil pipe fittings from China.\1\
On August 22, 2018, the ITC notified Commerce of its final
determination, pursuant to section 705(d) of the Act, that an industry
in the United States is materially injured within the meaning of
section 705(b)(1)(A)(i) of the Act, by reason of subsidized imports of
soil pipe fittings from China.\2\
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\1\ See Cast Iron Soil Pipe Fittings from the People's Republic
of China: Final Affirmative Countervailing Duty Determination, 83 FR
32075 (July 11, 2018) (Final Determination).
\2\ See ITC Notification Letter to the Deputy Assistant
Secretary for Enforcement and Compliance, referencing ITC
Investigation Nos. 701-TA-583 and 731-TA-1381, dated August 22,
2018.
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Scope of the Order

The merchandise covered by the scope of this order 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 (other
than drain bodies), 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.
Excluded from this scope are all drain bodies. Drain bodies are
normally classified in subheading 7326.90.86.88 of the Harmonized
Tariff Schedule of the United States (HTSUS).
The cast iron soil pipe fittings subject to the scope of this order
are normally classified in subheading 7307.11.0045 of the 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 order is
dispositive.

Countervailing Duty Order

On August 22, 2018, in accordance with section 705(d) of the Act,
the ITC notified Commerce of its final determination in this
investigation, in which it found that imports of cast iron soil pipe
fittings are materially injuring a U.S. industry. Therefore, in
accordance with section 705(c)(2) of the Act, we are publishing this
countervailing duty order. In its determination, the ITC found two
domestic like products covered by the scope of the investigation: Drain
bodies and all other soil pipe fittings. The ITC made a negative
determination with respect to drain bodies and an

[[Page 44567]]

affirmative determination with respect to all other soil pipe fittings.
Because the ITC made different injury determinations for separate
domestic like products, Commerce will instruct U.S. Customs and Border
Protection (CBP) to assess countervailing duties on entries of all cast
iron soil pipe fittings (subject merchandise) other than drain bodies
(excluded merchandise).

Drain Bodies

The ITC found that drain bodies are a separate domestic like
product. The Final ITC Report describes typical drain bodies as having
only one side that connects to a pipe or fitting.\3\ Further, drain
bodies are not classified as either hubless or hub and spigot.\4\ Drain
bodies may be painted in a different manner than other cast iron soil
pipe fittings, which are coated in asphaltic material, black paint, or
epoxy.\5\ Drain bodies often require assembly with attachments (cast
iron and non-cast iron) such as stainless steel strainers, grates, and
bolts to be a drain fixture ready for use.\6\ In addition, the purpose
of a drain body is to collect and carry away liquid or water, including
wastewater, while the purpose of other cast iron soil pipe fittings is
to connect pipe and fittings.\7\
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\3\ See Cast Iron Soil Pipe Fittings from China, Investigation
Nos. 701-TA-583 and 731-TA-1381 (Final), Publication 4812, August
2018 (Final ITC Report) at I-14 and I-15.
\4\ Id. at I-15.
\5\ Id.
\6\ Id.
\7\ Id.
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Because the ITC made a negative determination of material injury
with respect to drain bodies, Commerce will direct CBP to terminate the
suspension of liquidation for entries of drain bodies from China
entered, or withdrawn from warehouse, and refund any cash deposits with
respect to these entries.

All Soil Pipe Fittings Other Than Drain Bodies

Because the ITC determined that imports of all cast iron soil pipe
fittings other than drain bodies from China are materially injuring a
U.S. industry, all unliquidated entries of subject merchandise from
China, entered or withdrawn from warehouse, are subject to the
assessment of countervailing duties.
As a result of the ITC's final determination, in accordance with
section 706(a) of the Act, Commerce will direct CBP to assess, upon
further instruction by Commerce, countervailing duties on unliquidated
entries of subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after December 19, 2017, the date on
which Commerce published its preliminary countervailing duty
determination in the Federal Register,\8\ and before April 18, 2018,
the effective date on which Commerce instructed CBP to discontinue the
suspension of liquidation in accordance with section 703(d) of the Act.
Section 703(d) of the Act states that the suspension of liquidation
pursuant to a preliminary determination may not remain in effect for
more than four months. Therefore, entries of subject merchandise from
China made on or after April 18, 2018, and prior to the date of
publication of the ITC's final determination in the Federal Register
are not liable for the assessment of countervailing duties due to
Commerce's discontinuation of the suspension of liquidation.
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\8\ See Cast Iron Soil Pipe Fittings from the People's Republic
of China: Preliminary Affirmative Countervailing Duty Determination
and Alignment of Final Determination with Final Antidumping Duty
Determination, 82 FR 60178 (December 19, 2017) (Preliminary
Determination).
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Suspension of Liquidation

In accordance with section 706 of the Act, Commerce will direct CBP
to reinstitute the suspension of liquidation of subject merchandise
(i.e., all soil pipe fittings other than drain bodies) from China,
effective the date of publication of the ITC's notice of final
determination in the Federal Register, and to assess, upon further
instruction by Commerce pursuant to section 706(a)(1) of the Act,
countervailing duties for each entry of the subject merchandise in an
amount based on the net countervailable subsidy rates for the subject
merchandise. On or after the date of publication of the ITC's final
injury determination in the Federal Register, we will instruct CBP to
require, at the same time as importers would normally deposit estimated
duties on this merchandise, cash deposits for each entry of subject
merchandise equal to the rates noted below. These instructions
suspending liquidation will remain in effect until further notice. The
all others rate applies to all producers or exporters not specifically
listed, as appropriate.

------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Shanxi Xuanshi Industrial Group Co., Ltd.................... 34.87
Wor-Biz International Trading Co., Ltd. (Anhui)............. 7.37
Shijiazhuang Chengmei Import & Export Co., Ltd.............. 133.94
All-Others.................................................. 23.28
------------------------------------------------------------------------

Notifications to Interested Parties

This notice constitutes the countervailing duty order with respect
to soil pipe fittings from China pursuant to section 706(a) of the Act.
Interested parties may visit https://enforcement.trade.gov/stats/iastats1.html or contact Commerce's Central Records Unit, Room B8024 of
the main Commerce Building, for copies of an updated list of
countervailing duty orders currently in effect.
This order is issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).

Dated: August 28, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-19095 Filed 8-30-18; 8:45 am]
BILLING CODE 3510-DS-P

44566 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Notices

Dated: August 27, 2018. amended (5 U.S.C. app. 2 § (10)(d)), that Scope of the Order
Andrew McGilvray, the portion of the meeting dealing with The merchandise covered by the
Executive Secretary. pre-decisional changes to the Commerce scope of this order is cast iron soil pipe
[FR Doc. 2018–18967 Filed 8–30–18; 8:45 am] Control List and U.S. export control fittings, finished and unfinished,
BILLING CODE 3510–DS–P
policies shall be exempt from the regardless of industry or proprietary
provisions relating to public meetings specifications, and regardless of size.
found in 5 U.S.C. app. 2 §§ 10(a)(1) and Cast iron soil pipe fittings are
DEPARTMENT OF COMMERCE 10(a)(3). The remaining portions of the nonmalleable iron castings of various
meeting will be open to the public. designs and sizes, including, but not
Bureau of Industry and Security For more information, call Yvette limited to, bends, tees, wyes, traps,
Springer at (202) 482–2813. drains (other than drain bodies), and
Transportation and Related Equipment
Yvette Springer, other common or special fittings, with
Technical Advisory Committee; Notice
Committee Liaison Officer. or without side inlets.
of Partially Closed Meeting Cast iron soil pipe fittings are
[FR Doc. 2018–18939 Filed 8–30–18; 8:45 am]
The Transportation and Related BILLING CODE P
classified into two major types—hubless
Equipment Technical Advisory and hub and spigot. Hubless cast iron
Committee will meet on September 26, soil pipe fittings are manufactured
2018, 9:30 a.m., in the Herbert C. DEPARTMENT OF COMMERCE without a hub, generally in compliance
Hoover Building, Room 3884, 14th with Cast Iron Soil Pipe Institute (CISPI)
Street between Constitution & International Trade Administration specification 301 and/or American
Pennsylvania Avenues NW, Society for Testing and Materials
[C–570–063]
Washington, DC. The Committee (ASTM) specification A888. Hub and
advises the Office of the Assistant Cast Iron Soil Pipe Fittings From the spigot pipe fittings have hubs into
Secretary for Export Administration People’s Republic of China: which the spigot (plain end) of the pipe
with respect to technical questions that Countervailing Duty Order or fitting is inserted. Cast iron soil pipe
affect the level of export controls fittings are generally distinguished from
applicable to transportation and related AGENCY: Enforcement and Compliance, other types of nonmalleable cast iron
equipment or technology. International Trade Administration, fittings by the manner in which they are
Department of Commerce. connected to cast iron soil pipe and
Agenda SUMMARY: Based on affirmative final other fittings.
Public Session determinations by the Department of Excluded from this scope are all drain
Commerce (Commerce) and the bodies. Drain bodies are normally
1. Welcome and Introductions. International Trade Commission (ITC), classified in subheading 7326.90.86.88
2. Status reports by working group Commerce is issuing a countervailing of the Harmonized Tariff Schedule of
chairs. duty order on cast iron soil pipe fittings the United States (HTSUS).
3. Public comments and Proposals. (soil pipe fittings) from the People’s The cast iron soil pipe fittings subject
Closed Session Republic of China (China). to the scope of this order are normally
DATES: Applicable August 31, 2018. classified in subheading 7307.11.0045 of
4. Discussion of matters determined to
FOR FURTHER INFORMATION CONTACT: the HTSUS: Cast fittings of
be exempt from the provisions relating
Dennis McClure or Jinny Ahn, AD/CVD nonmalleable cast iron for cast iron soil
to public meetings found in 5 U.S.C.
Operations, Office VIII, Enforcement pipe. They may also be entered under
app. 2 §§ 10(a)(1) and 10(a)(3).
and Compliance, International Trade HTSUS 7324.29.0000 and 7307.92.3010.
The open session will be accessible
Administration, U.S. Department of The HTSUS subheadings and
via teleconference to 20 participants on
Commerce, 1401 Constitution Avenue specifications are provided for
a first come, first serve basis. To join the
NW, Washington, DC 20230; telephone convenience and customs purposes
conference, submit inquiries to Ms.
(202) 482–5973 or (202) 482–0339, only; the written description of the
Yvette Springer at Yvette.Springer@
respectively. scope of this order is dispositive.
bis.doc.gov no later than September 19,
2018. SUPPLEMENTARY INFORMATION: Countervailing Duty Order
A limited number of seats will be On August 22, 2018, in accordance
available during the public session of Background
with section 705(d) of the Act, the ITC
the meeting. Reservations are not On July 11, 2018, Commerce notified Commerce of its final
accepted. To the extent time permits, published its final determination in the determination in this investigation, in
members of the public may present oral countervailing duty investigation of soil which it found that imports of cast iron
statements to the Committee. The public pipe fittings from China.1 On August 22, soil pipe fittings are materially injuring
may submit written statements at any 2018, the ITC notified Commerce of its a U.S. industry. Therefore, in
time before or after the meeting. final determination, pursuant to section accordance with section 705(c)(2) of the
However, to facilitate distribution of 705(d) of the Act, that an industry in the Act, we are publishing this
public presentation materials to United States is materially injured countervailing duty order. In its
Committee members, the Committee within the meaning of section determination, the ITC found two
suggests that presenters forward the 705(b)(1)(A)(i) of the Act, by reason of domestic like products covered by the
public presentation materials prior to subsidized imports of soil pipe fittings scope of the investigation: Drain bodies
daltland on DSKBBV9HB2PROD with NOTICES

the meeting to Ms. Springer via email. from China.2 and all other soil pipe fittings. The ITC
The Assistant Secretary for made a negative determination with
Administration, with the concurrence of 1 See Cast Iron Soil Pipe Fittings from the People’s
respect to drain bodies and an
the delegate of the General Counsel, Republic of China: Final Affirmative Countervailing
Duty Determination, 83 FR 32075 (July 11, 2018)
formally determined on August 24, (Final Determination). Compliance, referencing ITC Investigation Nos.
2018, pursuant to Section 10(d) of the 2 See ITC Notification Letter to the Deputy 701–TA–583 and 731–TA–1381, dated August 22,
Federal Advisory Committee Act, as Assistant Secretary for Enforcement and 2018.

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Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Notices 44567

affirmative determination with respect December 19, 2017, the date on which Notifications to Interested Parties
to all other soil pipe fittings. Because Commerce published its preliminary This notice constitutes the
the ITC made different injury countervailing duty determination in countervailing duty order with respect
determinations for separate domestic the Federal Register,8 and before April to soil pipe fittings from China pursuant
like products, Commerce will instruct 18, 2018, the effective date on which to section 706(a) of the Act. Interested
U.S. Customs and Border Protection Commerce instructed CBP to parties may visit https://enforcement.
(CBP) to assess countervailing duties on discontinue the suspension of trade.gov/stats/iastats1.html or contact
entries of all cast iron soil pipe fittings liquidation in accordance with section Commerce’s Central Records Unit,
(subject merchandise) other than drain 703(d) of the Act. Section 703(d) of the Room B8024 of the main Commerce
bodies (excluded merchandise). Act states that the suspension of Building, for copies of an updated list
Drain Bodies liquidation pursuant to a preliminary of countervailing duty orders currently
determination may not remain in effect in effect.
The ITC found that drain bodies are for more than four months. Therefore,
a separate domestic like product. The This order is issued and published in
entries of subject merchandise from accordance with section 706(a) of the
Final ITC Report describes typical drain China made on or after April 18, 2018,
bodies as having only one side that Act and 19 CFR 351.211(b).
and prior to the date of publication of
connects to a pipe or fitting.3 Further, the ITC’s final determination in the Dated: August 28, 2018.
drain bodies are not classified as either Federal Register are not liable for the Christian Marsh,
hubless or hub and spigot.4 Drain bodies assessment of countervailing duties due Deputy Assistant Secretary for Enforcement
may be painted in a different manner to Commerce’s discontinuation of the and Compliance.
than other cast iron soil pipe fittings, suspension of liquidation. [FR Doc. 2018–19095 Filed 8–30–18; 8:45 am]
which are coated in asphaltic material, BILLING CODE 3510–DS–P
black paint, or epoxy.5 Drain bodies Suspension of Liquidation
often require assembly with attachments In accordance with section 706 of the
(cast iron and non-cast iron) such as Act, Commerce will direct CBP to DEPARTMENT OF COMMERCE
stainless steel strainers, grates, and bolts reinstitute the suspension of liquidation
to be a drain fixture ready for use.6 In of subject merchandise (i.e., all soil pipe International Trade Administration
addition, the purpose of a drain body is fittings other than drain bodies) from
to collect and carry away liquid or China, effective the date of publication [A–570–079]
water, including wastewater, while the of the ITC’s notice of final
purpose of other cast iron soil pipe Cast Iron Soil Pipe From the People’s
determination in the Federal Register,
fittings is to connect pipe and fittings.7 Republic of China: Preliminary
and to assess, upon further instruction
Because the ITC made a negative Affirmative Determination of Sales at
by Commerce pursuant to section
determination of material injury with Less Than Fair Value and
706(a)(1) of the Act, countervailing
respect to drain bodies, Commerce will Postponement of Final Determination
duties for each entry of the subject
direct CBP to terminate the suspension merchandise in an amount based on the AGENCY: Enforcement and Compliance,
of liquidation for entries of drain bodies net countervailable subsidy rates for the International Trade Administration,
from China entered, or withdrawn from subject merchandise. On or after the Department of Commerce.
warehouse, and refund any cash date of publication of the ITC’s final
deposits with respect to these entries. SUMMARY: The Department of Commerce
injury determination in the Federal (Commerce) preliminarily determines
All Soil Pipe Fittings Other Than Drain Register, we will instruct CBP to that cast iron soil pipe from the People’s
Bodies require, at the same time as importers Republic of China (China) was sold to
Because the ITC determined that would normally deposit estimated the United States at less than fair value
imports of all cast iron soil pipe fittings duties on this merchandise, cash (LTFV) during the period of
other than drain bodies from China are deposits for each entry of subject investigation (POI), July 1, 2017,
materially injuring a U.S. industry, all merchandise equal to the rates noted through December 31, 2017.
unliquidated entries of subject below. These instructions suspending
DATES: Applicable August 31, 2018.
merchandise from China, entered or liquidation will remain in effect until
further notice. The all others rate FOR FURTHER INFORMATION CONTACT:
withdrawn from warehouse, are subject Javier Barrientos, AD/CVD Operations,
to the assessment of countervailing applies to all producers or exporters not
specifically listed, as appropriate. Office V, Enforcement and Compliance,
duties. International Trade Administration,
As a result of the ITC’s final U.S. Department of Commerce, 1401
Subsidy
determination, in accordance with Company rate Constitution Avenue NW, Washington,
section 706(a) of the Act, Commerce (percent) DC 20230; telephone: (202) 482–2243.
will direct CBP to assess, upon further
Shanxi Xuanshi Industrial Group SUPPLEMENTARY INFORMATION:
instruction by Commerce,
countervailing duties on unliquidated Co., Ltd ................................... 34.87 Background
entries of subject merchandise from Wor-Biz International Trading
Co., Ltd. (Anhui) ...................... 7.37 This preliminary determination is
China entered, or withdrawn from
Shijiazhuang Chengmei Import & made in accordance with section 733(b)
warehouse, for consumption on or after Export Co., Ltd ........................ 133.94 of the Tariff Act of 1930, as amended
All-Others .................................... 23.28 (the Act). Commerce published the
daltland on DSKBBV9HB2PROD with NOTICES

3 See Cast Iron Soil Pipe Fittings from China,

Investigation Nos. 701–TA–583 and 731–TA–1381 notice of initiation of this investigation
(Final), Publication 4812, August 2018 (Final ITC 8 See Cast Iron Soil Pipe Fittings from the People’s
on February 23, 2018.1 On June 22,
Report) at I–14 and I–15.
4 Id. at I–15.
Republic of China: Preliminary Affirmative
Countervailing Duty Determination and Alignment 1 See Cast Iron Soil Pipe from the People’s
5 Id.
of Final Determination with Final Antidumping Republic of China: Initiation of Less-Than-Fair
6 Id.
Duty Determination, 82 FR 60178 (December 19, Value Investigation, 83 FR 8053 (February 23, 2018)
7 Id. 2017) (Preliminary Determination). (Initiation Notice).

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Document Created: 2018-08-31 00:52:57
Document Modified: 2018-08-31 00:52:57

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 31, 2018.
Contact		Dennis McClure or Jinny Ahn, 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) 482-5973 or (202) 482- 0339, respectively.
FR Citation		83 FR 44566

83 FR 44566 - Cast Iron Soil Pipe Fittings From the People's Republic of China: Countervailing Duty Order

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 83, Issue 170 (August 31, 2018)

DEPARTMENT OF COMMERCE
International Trade Administration