83 FR 44567 - Cast Iron Soil Pipe From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Postponement of Final Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 170 (August 31, 2018)
International Trade Administration
Federal Register Volume 83, Issue 170 (August 31, 2018)
| Page Range | 44567-44570 | |
| FR Document | 2018-18968 |
[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)] [Notices] [Pages 44567-44570] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18968] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-079] Cast Iron Soil Pipe From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Postponement of Final Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that cast iron soil pipe from the People's Republic of China (China) was sold to the United States at less than fair value (LTFV) during the period of investigation (POI), July 1, 2017, through December 31, 2017. DATES: Applicable August 31, 2018. FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2243. SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on February 23, 2018.\1\ On June 22, [[Page 44568]] 2018, Commerce postponed the preliminary determination of this investigation and the revised deadline is now August 24, 2018.\2\ --------------------------------------------------------------------------- \1\ See Cast Iron Soil Pipe from the People's Republic of China: Initiation of Less-Than-Fair Value Investigation, 83 FR 8053 (February 23, 2018) (Initiation Notice). \2\ See Cast Iron Soil Pipe from People's Republic of China: Postponement of Preliminary Determination in the Less-Than-Fair- Value Investigation, 83 FR 29098 (June 22, 2018). --------------------------------------------------------------------------- For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.\3\ A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \3\ See Memorandum, ``Decision Memorandum for the Preliminary Determination in the Less-Than-Fair-Value Investigation of Cast Iron Soil Pipe from the People's Republic of China,'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is cast iron soil pipe from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce's regulations,\4\ the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (scope).\5\ For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Memorandum.\6\ Commerce is not preliminarily modifying the scope language as it appeared in the Initiation Notice. See the scope in Appendix I to this notice. --------------------------------------------------------------------------- \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). \5\ See Initiation Notice, 83 FR at 8054. \6\ See Commerce Memorandum, ``Cast Iron Soil Pipe from People's Republic of China: Preliminary Scope Comment Decision Memorandum,'' dated concurrently with this memorandum (Preliminary Scope Memorandum). --------------------------------------------------------------------------- Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Export price was calculated in accordance with sections 772(a) of the Act. Because China is a non-market economy within the meaning of section 771(18) of the Act, normal value was calculated in accordance with section 773(c) of the Act. Furthermore, pursuant to section 776(a) and (b) of the Act, we have preliminarily relied upon facts otherwise available, with adverse inferences, for Sibo International Ltd., and the China-wide entity. For a full description of the methodology underlying Commerce's preliminary determination, see the Preliminary Decision Memorandum. Combination Rates In the Initiation Notice,\7\ Commerce stated that it would calculate producer/exporter combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.\8\ --------------------------------------------------------------------------- \7\ See Initiation Notice, 83 FR at 8056-8057. \8\ See Enforcement and Compliance's Policy Bulletin No. 05.1, regarding, ``Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on Commerce's website at http://enforcement.trade.gov/policy/bull05-1.pdf. --------------------------------------------------------------------------- Preliminary Determination Commerce preliminarily determines that the following estimated weighted-average dumping margins exist: ------------------------------------------------------------------------ Estimated weighted- average Producer Exporter dumping margin & cash deposit rate (percent) \9\ ------------------------------------------------------------------------ HengTong Casting............... HengTong Casting....... 302.61 Wu'An Yongtian Casting Co., Ltd Dalian Lino F.T.Z. Co., 302.61 Ltd. Yangcheng County Huawang Dalian Lino F.T.Z. Co., 302.61 Universal Spun Cast Pipe Ltd. Foundry. Qinshui Shunshida Casting Co., Dalian Metal I/E Co., 302.61 Ltd. Ltd. Wu'an Yongtian Casting Co., Ltd Dalian Metal I/E Co., 302.61 Ltd. Zezhou Golden Autumn Foundry Dalian Metal I/E Co., 302.61 Co., Ltd. Ltd. Qinshui Shunshida Casting Co., Dinggin Hardware 302.61 Ltd. (Dalian) Co., Ltd. Wu'an Kerui xin Machinery Dinggin Hardware 302.61 Manufacturing Co., Ltd. (Dalian) Co., Ltd. Wu'an Yongtian Casting Co., Ltd Dinggin Hardware 302.61 (Dalian) Co., Ltd. Wuan City Feixiang Metal Dinggin Hardware 302.61 Product Co., Ltd. (Dalian) Co., Ltd. DingXiang County YuTai Casting- Hebei Metals & 302.61 Forging Co., Ltd. Engineering Products Trading Co., Ltd. Qinshui Shunshida Casting Co., Hebei Metals & 302.61 Ltd. Engineering Products Trading Co., Ltd. Qinshui Shunshida Casting Co., Kingway Pipe Co., Ltd.. 302.61 Ltd. Zezhou Golden Autumn Foundry Kingway Pipe Co., Ltd.. 302.61 Co., Ltd. Qinshui Shunshida Casting Co., Qinshui Shunshida 302.61 Ltd. Casting Co., Ltd. Qinshui Shunshida Casting Co., Shanxi Chen Xin Da 302.61 Ltd. Castings & Forgings Co., Ltd. Shanxi Xuanshi Industrial Group Shanxi Xuanshi 302.61 Co., Ltd. Industrial Group Co., Ltd. Qinshui Shunshida Casting Co., Shanxi Zhongrui Tianyue 302.61 Ltd. Trading Co., Ltd. Qinshui Shunshida Casting Co., Terrifour (Dalian) 302.61 Ltd. Trading Co., Ltd. Shanxi Chengda Special Forging Terrifour (Dalian) 302.61 Co., Ltd. Trading Co., Ltd. Wuan City Feixiang Metal Wuan City Feixiang 302.61 Product Co., Ltd. Metal Product Co., Ltd. Zezhou Golden Autumn Foundry Zezhou Golden Autumn 302.61 Co., Ltd. Foundry Co., Ltd. ------------------------------------------------------------------------ CHINA-WIDE ENTITY 302.61 ------------------------------------------------------------------------ [[Page 44569]] Suspension of Liquidation --------------------------------------------------------------------------- \9\ For cash deposit purposes, we normally adjust for export subsidies found in companion CVD proceedings. However, we preliminary found no export subsidies in the companion CVD proceeding. See PDM at X. --------------------------------------------------------------------------- In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, as discussed below. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the weighted-average amount by which normal value exceeds U.S. price, as indicated in the chart above as follows: (1) For the producer/exporter combinations listed in the table above, the cash deposit rate is equal to the estimated weighted-average dumping margin listed for that combination in the table; (2) for all combinations of Chinese producers/exporters of merchandise under consideration that have not established eligibility for their own separate rates, the cash deposit rate will be equal to the estimated weighted-average dumping margin established for the China-wide entity; and (3) for all third- county exporters of merchandise under consideration not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Chinese producer/exporter combination (or the China-wide entity) that supplied that third-country exporter. To determine the cash deposit rate, Commerce normally adjusts the estimated weighted-average dumping margin by the amount of domestic subsidy pass-through and export subsidies determined in a companion countervailing duty (CVD) proceeding when CVD provisional measures are in effect. Accordingly, where Commerce makes a preliminary affirmative determination for domestic subsidy pass-through or export subsidies, Commerce offsets the calculated estimated weighted-average dumping margin by the appropriate rate(s). In this case, we have not made a preliminary affirmative determination for domestic subsidy pass-through or export subsidies. Therefore, we are not adjusting the estimated weighted-average dumping margin for these subsidies. These suspension of liquidation instructions will remain in effect until further notice. Disclosure Commerce intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of its public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last final verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. --------------------------------------------------------------------------- \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On August 2, 2018, pursuant to 19 CFR 351.210 (e), HengTong requested that Commerce postpone the final determination and that provisional measures be extended to a period not to exceed six months.\11\ In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) the preliminary determination is affirmative; (2) the requesting exporter accounts for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, Commerce's final determination will publish no later than 135 days after the publication of this preliminary determination notice. --------------------------------------------------------------------------- \11\ See HengTong Letter, ``Postponement of Final Determination and Extension of Provisional Measures Request,'' dated August 2, 2018. --------------------------------------------------------------------------- International Trade Commission Notification In accordance with section 733(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its preliminary determination of sales at LTFV. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). [[Page 44570]] Dated: August 24, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation is cast iron soil pipe, whether finished or unfinished, regardless of industry or proprietary specifications, and regardless of wall thickness, length, diameter, surface finish, end finish, or stenciling. The scope of this investigation includes, but is not limited to, both hubless and hub and spigot cast iron soil pipe. Cast iron soil pipe is nonmalleable iron pipe of various designs and sizes. Cast iron soil pipe is generally distinguished from other types of nonmalleable cast iron pipe by the manner in which it is connected to cast iron soil pipe fittings. Cast iron soil pipe is classified into two major types--hubless and hub and spigot. Hubless cast iron soil pipe is 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, including any revisions to those specifications. Hub and spigot pipe has one or more hubs into which the spigot (plain end) of a fitting is inserted. All pipe meeting the physical description set forth above is covered by the scope of this investigation, whether or not produced according to a particular standard. The subject imports are currently classified in subheading 7303.00.0030 of the Harmonized Tariff Schedule of the United States (HTSUS): Cast iron soil pipe. The HTSUS subheading and specifications are provided for convenience and customs purposes only; the written description of the scope of this investigation is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of Final Determination and Extension of Provisional Measures V. Scope Comments VI. Scope of the Investigation VII. Discussion of the Methodology A. Non-Market Economy Country B. Surrogate Country and Surrogate Value Comments C. Separate Rates D. China-Wide Entity E. Application of Facts Available and Adverse Inferences F. Date of Sale G. Comparisons to Fair Value H. Export Price I. Value-Added Tax (VAT) J. Normal Value K. Factor Valuation Methodology VIII. Currency Conversion IX. Adjustment Under Section 777(A)(F) of the Act X. Adjustment for Countervailable Export Subsidies XI. Verification XII. Conclusion [FR Doc. 2018-18968 Filed 8-30-18; 8:45 am] BILLING CODE 3510-DS-P
![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).
VerDate Sep<11>2014 18:42 Aug 30, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1](https://thefederalregister.org/doc/83_FR_44737/page/1.svg)
![44570 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Notices
Dated: August 24, 2018. X. Adjustment for Countervailable Export to imports of soil pipe fittings from
Gary Taverman, Subsidies China.2
Deputy Assistant Secretary for Antidumping XI. Verification
XII. Conclusion Scope of the Order
and Countervailing Duty Operations,
performing the non-exclusive functions and [FR Doc. 2018–18968 Filed 8–30–18; 8:45 am] The merchandise covered by the
duties of the Assistant Secretary for BILLING CODE 3510–DS–P scope of this order is cast iron soil pipe
Enforcement and Compliance. fittings, finished and unfinished,
Appendix I regardless of industry or proprietary
DEPARTMENT OF COMMERCE specifications, and regardless of size.
Scope of the Investigation Cast iron soil pipe fittings are
The merchandise covered by this International Trade Administration nonmalleable iron castings of various
investigation is cast iron soil pipe, whether [A–570–062] designs and sizes, including, but not
finished or unfinished, regardless of industry
limited to, bends, tees, wyes, traps,
or proprietary specifications, and regardless Cast Iron Soil Pipe Fittings From the
of wall thickness, length, diameter, surface drains (other than drain bodies), and
finish, end finish, or stenciling. The scope of People’s Republic of China: Amended other common or special fittings, with
this investigation includes, but is not limited Final Determination of Sales at Less or without side inlets.
to, both hubless and hub and spigot cast iron Than Fair Value and Antidumping Duty Cast iron soil pipe fittings are
soil pipe. Cast iron soil pipe is nonmalleable Order classified into two major types—hubless
iron pipe of various designs and sizes. Cast and hub and spigot. Hubless cast iron
iron soil pipe is generally distinguished from AGENCY: Enforcement and Compliance,
soil pipe fittings are manufactured
other types of nonmalleable cast iron pipe by International Trade Administration,
without a hub, generally in compliance
the manner in which it is connected to cast Department of Commerce.
iron soil pipe fittings. with Cast Iron Soil Pipe Institute (CISPI)
SUMMARY: The Department of Commerce specification 301 and/or American
Cast iron soil pipe is classified into two (Commerce) is amending its final
major types—hubless and hub and spigot. Society for Testing and Materials
Hubless cast iron soil pipe is manufactured
determination of sales at less than fair (ASTM) specification A888. Hub and
without a hub, generally in compliance with value (LTFV) as a result of ministerial spigot pipe fittings have hubs into
Cast Iron Soil Pipe Institute (CISPI) errors. In addition, based on affirmative which the spigot (plain end) of the pipe
specification 301 and/or American Society final determinations by Commerce and or fitting is inserted. Cast iron soil pipe
for Testing and Materials (ASTM) the International Trade Commission (the fittings are generally distinguished from
specification A888, including any revisions ITC), Commerce is issuing an
to those specifications. Hub and spigot pipe other types of nonmalleable cast iron
antidumping duty order on cast iron soil fittings by the manner in which they are
has one or more hubs into which the spigot pipe fittings (soil pipe fittings) from the
(plain end) of a fitting is inserted. All pipe connected to cast iron soil pipe and
meeting the physical description set forth
People’s Republic of China (China). other fittings.
above is covered by the scope of this DATES: Applicable August 31, 2018. Excluded from the scope are all drain
investigation, whether or not produced FOR FURTHER INFORMATION CONTACT: bodies. Drain bodies are normally
according to a particular standard. Sergio Balbontin at (202) 482–4474 or classified in subheading 7326.90.86.88
The subject imports are currently classified of the Harmonized Tariff Schedule of
Michael Bowen at (202) 482–0768,
in subheading 7303.00.0030 of the
Harmonized Tariff Schedule of the United AD/CVD Operations, Enforcement and the United States (HTSUS).
States (HTSUS): Cast iron soil pipe. The Compliance, U.S. Department of The cast iron soil pipe fittings subject
HTSUS subheading and specifications are Commerce, 1401 Constitution Avenue to the scope of this order are normally
provided for convenience and customs NW, Washington, DC 20230. classified in subheading 7307.11.0045 of
purposes only; the written description of the SUPPLEMENTARY INFORMATION: the HTSUS: Cast fittings of
scope of this investigation is dispositive. nonmalleable cast iron for cast iron soil
Background pipe. They may also be entered under
Appendix II
On July 17, 2018, Commerce HTSUS 7324.29.0000 and 7307.92.3010.
List of Topics Discussed in the Preliminary The HTSUS subheadings and
published its affirmative final
Decision Memorandum specifications are provided for
determination in the LTFV investigation
I. Summary of soil pipe fittings from China on July convenience and customs purposes
II. Background only; the written description of the
17, 2018.1 On July 11, 2018, Commerce
III. Period of Investigation scope of this order is dispositive.
IV. Postponement of Final Determination and received ministerial error allegations.
Extension of Provisional Measures See the ‘‘Amendment to Final Amendment to Final Determination
V. Scope Comments Determination’’ section below for
VI. Scope of the Investigation further discussion. Pursuant to 19 CFR 351.224(e),
VII. Discussion of the Methodology On August 22, 2018, the ITC notified Commerce is amending the Final
A. Non-Market Economy Country Commerce of its final determination, Determination to correct certain
B. Surrogate Country and Surrogate Value pursuant to 735(d) of the Act, that an ministerial errors.3 Based on these
Comments corrections, Shanxi Xuanshi Industrial
industry in the United States is
C. Separate Rates Group Co., Ltd.’s (Xuanshi) estimated
D. China-Wide Entity materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act, by weighted-average dumping margin
E. Application of Facts Available and
Adverse Inferences reason of LTFV imports of soil pipe increases from 27.18 percent to 84.13
F. Date of Sale fittings from China, and of its
daltland on DSKBBV9HB2PROD with NOTICES
2 See ITC Notification Letter to the Deputy
G. Comparisons to Fair Value determination that critical Assistant Secretary for Enforcement and
H. Export Price circumstances do not exist with respect Compliance, referencing ITC Investigation Nos.
I. Value-Added Tax (VAT) 701–TA–583 and 731–TA–1381 (August 20, 2018).
J. Normal Value 1 See Cast Iron Soil Pipe Fittings from the People’s 3 See Memorandum, ‘‘Less-Than-Fair-Value
K. Factor Valuation Methodology Republic of China: Final Affirmative Determination Investigation on Cast Iron Soil Pipe Fittings from
VIII. Currency Conversion of Sales at Less Than Fair Value and Final the People’s Republic of China: Ministerial Error
IX. Adjustment Under Section 777(A)(F) of Determination of Critical Circumstances, in Part, 83 Allegations in the Final Determination,’’ dated
the Act FR 33205 (July 17, 2018) (Final Determination). August 9, 2018.
VerDate Sep<11>2014 18:42 Aug 30, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1](https://thefederalregister.org/doc/83_FR_44737/page/4.svg)
Document Created: 2018-08-31 00:53:39
Document Modified: 2018-08-31 00:53:39
| 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 | Javier Barrientos, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2243. | |
| FR Citation | 83 FR 44567 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR