83 FR 48278 - Polyethylene Terephthalate Resin From Indonesia: Final Determination of Sales at Less Than Fair Value, and Final Affirmative Determination of Critical Circumstances, in Part
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 185 (September 24, 2018)
International Trade Administration
Federal Register Volume 83, Issue 185 (September 24, 2018)
| Page Range | 48278-48280 | |
| FR Document | 2018-20720 |
[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)] [Notices] [Pages 48278-48280] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20720] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-560-832] Polyethylene Terephthalate Resin From Indonesia: Final Determination of Sales at Less Than Fair Value, and Final Affirmative Determination of Critical Circumstances, in Part AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of polyethylene terephthalate (PET) resin from Indonesia is being sold in the United States at less than fair value (LTFV), as provided in section 735 of the Tariff Act of 1930, as amended (the Act). DATES: Applicable September 24, 2018. FOR FURTHER INFORMATION CONTACT: Caitlin Monks or Gene Calvert, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2670 or (202) 482-3586, respectively. SUPPLEMENTARY INFORMATION: Background On April 24, 2018 Commerce published in the Federal Register its preliminary affirmative determination of critical circumstances, in part.\1\ On May 4, 2018, Commerce published in the Federal Register the preliminary affirmative determination of sales at LTFV in the antidumping duty (AD) investigation of PET resin from Indonesia.\2\ Commerce invited comments from interested parties on the Preliminary Determination.\3\ The petitioners \4\ and Indorama \5\ filed case and rebuttal briefs.\6\ A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by interested parties for this final determination, may be found in the Issues and Decision Memorandum.\7\ The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and it is available to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Antidumping Duty Investigations on Polyethylene Terephthalate Resin from Indonesia, the Republic of Korea, and Taiwan; Preliminary Determination of Critical Circumstances, 83 FR 17791 (April 24, 2018) (Preliminary Critical Circumstances Determination). \2\ See Polyethylene Terephthalate Resin from Brazil: Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 83 FR 19699 (May 4, 2018) (Preliminary Determination) and accompanying Preliminary Decision Memorandum (PDM). \3\ Id. at 19700; see also Memorandum, ``Case Brief Deadline Extension for the Antidumping Duty Investigation of Polyethylene Terephthalate Resin from Brazil,'' dated July 10, 2018. \4\ DAK Americas, M&G Polymers USA, LLC, and Nan Ya Plastics Corporation, America (collectively, the petitioners). \5\ In the Preliminary Determination, in accordance with section 771(33)(F) of the Act, we found the following companies affiliated: PT. Indo-Rama Synthetics Tbk (Indorama Synthetics), Indorama Ventures Alphapet Holdings, Inc. (Alphapet), Indorama Ventures Indonesia (Ventures Indonesia), PT. Indorama Polypet Indonesia (Polypet), and Indorama Polymers Public Company Ltd. (Polymers). Further, we collapsed, pursuant to 19 CFR 351.401(f), the following three Indonesian producers into a single entity: Indorama Synthetics, Ventures Indonesia, and Polypet, collectively referred to as Indorama Producers throughout this final determination. See PDM at 6-11. We have made no changes to these findings in our final determination. We received responses from the Indorama Producers, and their U.S. affiliate, Alphapet, which we refer to collectively as Indorama throughout this final determination. \6\ See Petitioners' Case Brief, ``Petitioners' Case Brief,'' dated August 15, 2018 (Petitioners' Case Brief); see also Indorama's Case Brief, ``Polyethylene Terephthalate Resin (`PET Resin') from Indonesia: Administrative Case Brief,'' dated August 16, 2018 (Indorama's Case Brief); see also Petitioners' Rebuttal Brief, ``Petitioners' Rebuttal Brief,'' dated August 22, 2018 (Petitioners' Rebuttal Brief); see also Indorama's Revised Rebuttal Brief, ``Polyethylene Terephthalate Resin (`PET Resin') from Indonesia: Rebuttal Brief,'' dated August 24, 2018 (Indorama's Rebuttal Brief). \7\ See Memorandum, ``Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Polyethylene Terephthalate Resin from Indonesia,'' dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is polyethylene terephthalate resin from Indonesia. Commerce did not receive any scope comments subsequent to the Preliminary Determination and, therefore, the scope has not been revised since the Preliminary Determination. For a complete description of the scope of this investigation, see Appendix I. Period of Investigation The POI is July 1, 2016, through June 30, 2017. Verification As provided in section 782(i) of the Act, we conducted the cost and sales verifications in Indonesia and the United States between May 4, 2018, and June 22, 2018. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by the respondents. Final Affirmative Determination of Critical Circumstances, in Part For this final determination, as explained in detail in the accompanying Issues and Decision Memorandum, we determine that critical circumstances exist for the Indorama Producers, but do not exist for ``all other'' producers or exporters not individually examined.\8\ --------------------------------------------------------------------------- \8\ See Issues and Decision Memorandum at IV. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the issues raised is attached to this notice as Appendix II. Use of Facts Otherwise Available and Adverse Inferences For purposes of this final determination, Commerce relied on facts otherwise available with an adverse inference when calculating the margin for the Indorama Producers (a collapsed entity comprised of three producers),\9\ pursuant to sections 776(a)(1) and (2)(A)(C)(D) and 776(b) of the Act. For further information regarding the use of facts available and adverse inferences, see the Issues and Decision Memorandum. --------------------------------------------------------------------------- \9\ See supra n.4. --------------------------------------------------------------------------- Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we are now relying on facts available in determining a dumping margin for the Indorama Producers. [[Page 48279]] All-Others Rate Section 735(c)(5)(A) of the Act provides that Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. However, section 735(c)(5)(B) of the Act provides that Commerce may apply ``any reasonable method'' to establish the all-others rate if the margins are determined entirely under section 776. In the Preliminary Determination, because we calculated an individual estimated weighted-average dumping margin for the Indorama Producers, we assigned this margin to all-other producer and exporters, pursuant to section 735(c)(5)(A) of the Act. However, for this final determination, we have based the Indorama Producers' rate entirely on facts available; accordingly, we have reconsidered the estimated rate assigned to all others. Because we have no calculated rates, we have determined that a reasonable method for assigning a margin to all other exporters and producers not individually examined is to average the four rates from the Petition, in accordance with section 735(c)(5)(B) of the Act.\10\ The estimated dumping margins from the petition for the price-to-price comparisons are 8.49 and 12.38 percent, and the estimated margins for the U.S. price-to-CV comparisons are 48.07 and 53.50 percent; \11\ therefore, the simple average of these rates is 30.61 percent. Accordingly, the all-others rate in this investigation is 30.61 percent. --------------------------------------------------------------------------- \10\ See Petitioners' Letter, ``Polyethylene Terephthalate (``PET'') Resin from Brazil, Indonesia, the Republic of Korea, Pakistan, and Taiwan--Petition for the Imposition of Antidumping Duties,'' dated September 26, 2017, and Petitioners' Letter, ``Polyethylene Terephthalate (``PET'') Resin from Brazil, Indonesia, the Republic of Korea, Pakistan, and Taiwan--Petitioners' Amendment to Volume III Relating to Indonesia Antidumping Duties,'' dated October 3, 2017 (Petition). \11\ See Petition at Volume III at Exhibit AD-ID-S4; see also Commerce's Notice, ``Enforcement and compliance Office of AD/CVD Operations Antidumping Duty Investigation Initiation Checklist,'' dated October 16, 2017 (Initiation Checklist). --------------------------------------------------------------------------- Final Determination Margins Commerce determines that the following estimated weighted-average dumping margins exist: ------------------------------------------------------------------------ Estimated weighted- average Exporter/producer dumping margin (percent) ------------------------------------------------------------------------ PT. Indo-Rama Synthetics Tbk./PT. Indorama Polypet Indonesia/ 53.50 Indorama Ventures Indonesia \12\............................ All-Others................................................... 30.61 ------------------------------------------------------------------------ Disclosure --------------------------------------------------------------------------- \12\ Collectively referred to as the Indorama Producers. --------------------------------------------------------------------------- We will disclose to interested parties the calculations performed in this final determination within five days of any public announcement of this notice in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 733(e)(2) of the Act, for this final determination, Commerce will instruct U.S. Customs and Border Protection (CBP) to begin the suspension of liquidation of all entries of PET resin, as described in the Appendix I to this notice, produced or exported by the Indorama Producers, which were entered, or withdrawn from warehouse, for consumption on or after February 3, 2018 (90 days prior to the date of publication of the Preliminary Determination), because we find that critical circumstances exist with regard to imports produced or exported by the Indorama Producers. In accordance with section 735(c)(1)(B) of the Act, Commerce will instruct U.S. CBP to continue to suspend liquidation of all appropriate entries of PET resin from Indonesia, as described in Appendix I of this notice, produced or exported by all other producers or exporters, which were entered, or withdrawn from warehouse, for consumption on or after May 4, 2018, the date of publication of the Preliminary Determination. Commerce will instruct U.S. CBP to terminate the suspension of liquidation for shipments from Polymers and all other producers and exporters of subject merchandise that were entered, or withdrawn from warehouse, for consumption before May 4, 2018, because we find that critical circumstances do not exist with regard to imports produced or exported by Polymers and all other producers and exporters. All such entries shall be liquidated without regard to antidumping duties (i.e., all cash deposits shall be returned). International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2)(B) 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 of PET resin from Brazil no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated, and all cash deposits 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 the only reminder to parties, subject to administrative protective order (APO), of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/destruction or APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties We are issuing and publishing this determination and notice in accordance with sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c). Dated: September 17, 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 polyethylene terephthalate (PET) resin having an intrinsic viscosity of at least 70, but not more than 88, milliliters per gram (0.70 to 0.88 deciliters per gram). The [[Page 48280]] scope includes blends of virgin PET resin and recycled PET resin containing 50 percent or more virgin PET resin content by weight, provided such blends meet the intrinsic viscosity requirements above. The scope includes all PET resin meeting the above specifications regardless of additives introduced in the manufacturing process. The scope excludes PET-glycol resin, also referred to as PETG. PET-glycol resins are manufactured by replacing a portion of the raw material input monoethylene glycol (MEG) with one of five glycol modifiers: Cyclohexanedimethanol (CHDM), diethylene glycol (DEG), neopentyl glycol (NPG), isosorbide, or spiro glycol. Specifically, excluded PET-glycol resins must contain a minimum of 10 percent, by weight, of CHDM, DEG, NPG, isosorbide or spiro glycol, or some combination of these glycol modifiers. Unlike subject PET resin, PET-glycol resins are amorphous resins that are not solid-stated and cannot be crystallized or recycled. The merchandise subject to this investigation is properly classified under subheadings 3907.61.0000 and 3907.69.0000 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 merchandise covered by this investigation is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Final Affirmative Determination of Critical Circumstances, in Part V. Changes Since the Preliminary Determination VI. Use of Facts Otherwise Available and Adverse Inferences VII. Discussion of the Issues Comment 1: Whether To Apply Adverse Facts Available to Indorama Comment 2: Whether Commerce Made Clerical Errors in Its Preliminary Determination VIII. Recommendation [FR Doc. 2018-20720 Filed 9-21-18; 8:45 am] BILLING CODE 3510-DS-P
![48278 Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Notices
Dated: September 19, 2018. Preliminary Determination.3 The terephthalate resin from Indonesia.
James Maeder, petitioners 4 and Indorama 5 filed case Commerce did not receive any scope
Associate Deputy Assistant Secretary for and rebuttal briefs.6 A summary of the comments subsequent to the
Antidumping and Countervailing Duty events that occurred since Commerce Preliminary Determination and,
Operations performing the duties of Deputy published the Preliminary therefore, the scope has not been revised
Assistant Secretary for Antidumping and Determination, as well as a full since the Preliminary Determination.
Countervailing Duty Operations. discussion of the issues raised by For a complete description of the scope
[FR Doc. 2018–20724 Filed 9–21–18; 8:45 am] interested parties for this final of this investigation, see Appendix I.
BILLING CODE 3510–DS–P determination, may be found in the
Issues and Decision Memorandum.7 The Period of Investigation
Issues and Decision Memorandum is a The POI is July 1, 2016, through June
DEPARTMENT OF COMMERCE public document and is on file 30, 2017.
electronically via Enforcement and
International Trade Administration Verification
Compliance’s Antidumping and
[A–560–832] Countervailing Duty Centralized As provided in section 782(i) of the
Electronic Service System (ACCESS). Act, we conducted the cost and sales
Polyethylene Terephthalate Resin ACCESS is available to registered users verifications in Indonesia and the
From Indonesia: Final Determination of at http://access.trade.gov, and it is United States between May 4, 2018, and
Sales at Less Than Fair Value, and available to all parties in the Central June 22, 2018. We used standard
Final Affirmative Determination of Records Unit, Room B8024 of the main verification procedures, including an
Critical Circumstances, in Part Commerce building. In addition, a examination of relevant accounting and
complete version of the Issues and production records, and original source
AGENCY: Enforcement and Compliance,
Decision Memorandum can be accessed documents provided by the
International Trade Administration,
directly at http://enforcement.trade.gov/ respondents.
Department of Commerce.
SUMMARY: The Department of Commerce frn/. The signed and electronic versions
Final Affirmative Determination of
(Commerce) determines that imports of of the Issues and Decision
Critical Circumstances, in Part
polyethylene terephthalate (PET) resin Memorandum are identical in content.
For this final determination, as
from Indonesia is being sold in the Scope of the Investigation explained in detail in the accompanying
United States at less than fair value
The product covered by this Issues and Decision Memorandum, we
(LTFV), as provided in section 735 of
investigation is polyethylene determine that critical circumstances
the Tariff Act of 1930, as amended (the
exist for the Indorama Producers, but do
Act). 3 Id. at 19700; see also Memorandum, ‘‘Case Brief
not exist for ‘‘all other’’ producers or
DATES: Applicable September 24, 2018. Deadline Extension for the Antidumping Duty exporters not individually examined.8
FOR FURTHER INFORMATION CONTACT: Investigation of Polyethylene Terephthalate Resin
from Brazil,’’ dated July 10, 2018. Analysis of Comments Received
Caitlin Monks or Gene Calvert, AD/CVD 4 DAK Americas, M&G Polymers USA, LLC, and
Operations, Office VII, Enforcement and Nan Ya Plastics Corporation, America (collectively, All issues raised in the case and
Compliance, International Trade the petitioners). rebuttal briefs by parties in this
Administration, U.S. Department of 5 In the Preliminary Determination, in accordance
investigation are addressed in the Issues
Commerce, 1401 Constitution Avenue with section 771(33)(F) of the Act, we found the
following companies affiliated: PT. Indo-Rama
and Decision Memorandum, which is
NW, Washington, DC 20230; telephone: Synthetics Tbk (Indorama Synthetics), Indorama hereby adopted by this notice. A list of
(202) 482–2670 or (202) 482–3586, Ventures Alphapet Holdings, Inc. (Alphapet), the issues raised is attached to this
respectively. Indorama Ventures Indonesia (Ventures Indonesia), notice as Appendix II.
PT. Indorama Polypet Indonesia (Polypet), and
SUPPLEMENTARY INFORMATION: Indorama Polymers Public Company Ltd. Use of Facts Otherwise Available and
(Polymers). Further, we collapsed, pursuant to 19 Adverse Inferences
Background CFR 351.401(f), the following three Indonesian
On April 24, 2018 Commerce producers into a single entity: Indorama Synthetics, For purposes of this final
Ventures Indonesia, and Polypet, collectively determination, Commerce relied on
published in the Federal Register its referred to as Indorama Producers throughout this
preliminary affirmative determination of final determination. See PDM at 6–11. We have facts otherwise available with an
critical circumstances, in part.1 On May made no changes to these findings in our final adverse inference when calculating the
4, 2018, Commerce published in the determination. We received responses from the margin for the Indorama Producers (a
Indorama Producers, and their U.S. affiliate, collapsed entity comprised of three
Federal Register the preliminary Alphapet, which we refer to collectively as
affirmative determination of sales at Indorama throughout this final determination. producers),9 pursuant to sections
LTFV in the antidumping duty (AD) 6 See Petitioners’ Case Brief, ‘‘Petitioners’ Case 776(a)(1) and (2)(A)(C)(D) and 776(b) of
investigation of PET resin from Brief,’’ dated August 15, 2018 (Petitioners’ Case the Act. For further information
Indonesia.2 Commerce invited Brief); see also Indorama’s Case Brief, regarding the use of facts available and
‘‘Polyethylene Terephthalate Resin (‘PET Resin’)
comments from interested parties on the from Indonesia: Administrative Case Brief,’’ dated
adverse inferences, see the Issues and
August 16, 2018 (Indorama’s Case Brief); see also Decision Memorandum.
1 See Antidumping Duty Investigations on Petitioners’ Rebuttal Brief, ‘‘Petitioners’ Rebuttal
Polyethylene Terephthalate Resin from Indonesia, Brief,’’ dated August 22, 2018 (Petitioners’ Rebuttal Changes Since the Preliminary
the Republic of Korea, and Taiwan; Preliminary Brief); see also Indorama’s Revised Rebuttal Brief, Determination
Determination of Critical Circumstances, 83 FR ‘‘Polyethylene Terephthalate Resin (‘PET Resin’)
Based on our analysis of the
amozie on DSK3GDR082PROD with NOTICES1
17791 (April 24, 2018) (Preliminary Critical from Indonesia: Rebuttal Brief,’’ dated August 24,
Circumstances Determination). 2018 (Indorama’s Rebuttal Brief). comments received and our findings at
2 See Polyethylene Terephthalate Resin from 7 See Memorandum, ‘‘Issues and Decision verification, we are now relying on facts
Brazil: Preliminary Determination of Sales at Less Memorandum for the Final Affirmative available in determining a dumping
Than Fair Value, Postponement of Final Determination in the Less-Than-Fair-Value
Determination, and Extension of Provisional Investigation of Polyethylene Terephthalate Resin
margin for the Indorama Producers.
Measures, 83 FR 19699 (May 4, 2018) (Preliminary from Indonesia,’’ dated concurrently with, and
8 See Issues and Decision Memorandum at IV.
Determination) and accompanying Preliminary hereby adopted by, this notice (Issues and Decision
Decision Memorandum (PDM). Memorandum). 9 See supra n.4.
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![48280 Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Notices
scope includes blends of virgin PET resin DATES: Applicable September 24, 2018. size (which may or may not be
and recycled PET resin containing 50 percent FOR FURTHER INFORMATION CONTACT: expressed in inches of nominal pipe
or more virgin PET resin content by weight, size), pressure rating (usually, but not
provided such blends meet the intrinsic
Robert Palmer (202) 482–9068 or
viscosity requirements above. The scope Suzanne Lam at (202) 482–0783, AD/ necessarily expressed in pounds of
includes all PET resin meeting the above CVD Operations, Enforcement and pressure/PSI, e.g., 2,000 or 2M; 3,000 or
specifications regardless of additives Compliance, International Trade 3M; 6,000 or 6M; 9,000 or 9M), wall
introduced in the manufacturing process. Administration, U.S. Department of thickness, and whether or not heat
The scope excludes PET-glycol resin, also Commerce, 1401 Constitution Avenue treated.
referred to as PETG. PET-glycol resins are NW, Washington, DC 20230. Excluded from this scope are all
manufactured by replacing a portion of the fittings entirely made of stainless steel.
SUPPLEMENTARY INFORMATION:
raw material input monoethylene glycol
Also excluded are flanges, butt weld
(MEG) with one of five glycol modifiers: Background
Cyclohexanedimethanol (CHDM), diethylene fittings, butt weld outlets, nipples, and
glycol (DEG), neopentyl glycol (NPG), In accordance with sections 735(d) all fittings that have a maximum
isosorbide, or spiro glycol. Specifically, and 777(i)(1) of the Tariff Act of 1930, pressure rating of 300 pounds of
excluded PET-glycol resins must contain a as amended (the Act), and 19 CFR pressure/PSI or less.
minimum of 10 percent, by weight, of CHDM, 351.210(c), on July 30, 2018, Commerce Also excluded are fittings certified or
DEG, NPG, isosorbide or spiro glycol, or published its affirmative Final made to the following standards, so long
some combination of these glycol modifiers. Determination in the less-than-fair-value as the fittings are not also manufactured
Unlike subject PET resin, PET-glycol resins
(LTFV) investigation of forged steel to the specifications of ASME B16.11,
are amorphous resins that are not solid-stated
and cannot be crystallized or recycled. The fittings from Taiwan.1 On September 14, MSS SP–79, MSS SP–83, MSS SP–97,
merchandise subject to this investigation is 2018, the ITC notified Commerce of its ASTM A105, ASTM A350, and ASTM
properly classified under subheadings affirmative determination that an A182:
3907.61.0000 and 3907.69.0000 of the industry in the United States is • American Petroleum Institute (API)
Harmonized Tariff Schedule of the United materially injured within the meaning API 5CT, API 5L, or API 11B
States (HTSUS). Although the HTSUS of section 735(b)(1)(A)(i) of the Act, by
subheadings are provided for convenience • Society of Automotive Engineering
reason of the LTFV imports of forged (SAE) SAE J476, SAE J514, SAE J516,
and customs purposes, the written
steel fittings from Taiwan.2 SAE J517, SAE J518, SAE J1026, SAE
description of the merchandise covered by
this investigation is dispositive. Scope of the Order 3 J1231, SAE J1453, SAE J1926, J2044 or
SAE AS 35411
Appendix II The products covered by this scope
• Underwriter’s Laboratories (UL)
List of Topics Discussed in the Issues and
are carbon and alloy forged steel fittings,
certified electrical conduit fittings
whether unfinished (commonly known
Decision Memorandum • ASTM A153, A536, A576, or A865
as blanks or rough forgings) or finished.
I. Summary • Casing Conductor Connectors 16–42
II. Background
Such fittings are made in a variety of
inches in diameter made to
III. Scope of the Investigation shapes including, but not limited to,
elbows, tees, crosses, laterals, couplings, proprietary specifications
IV. Final Affirmative Determination of
Critical Circumstances, in Part reducers, caps, plugs, bushings, unions, • Military Specification (MIL) MIL–C–
V. Changes Since the Preliminary and outlets. Forged steel fittings are 4109F and MIL–F–3541
Determination covered regardless of end finish, • International Organization for
VI. Use of Facts Otherwise Available and whether threaded, socket-weld or other Standardization (ISO) ISO6150–B
Adverse Inferences end connections. To be excluded from the scope,
VII. Discussion of the Issues products must have the appropriate
While these fittings are generally
Comment 1: Whether To Apply Adverse standard or pressure markings and/or
Facts Available to Indorama manufactured to specifications ASME
Comment 2: Whether Commerce Made B16.11, MSS SP–79, MSS SP–83, MSS accompanied by documentation
Clerical Errors in Its Preliminary SP–97, ASTM A105, ASTM A350, and showing product compliance to the
Determination ASTM A182, the scope is not limited to applicable standard or pressure, e.g.,
VIII. Recommendation fittings made to these specifications. ‘‘API 5CT’’ mark and/or a mill
[FR Doc. 2018–20720 Filed 9–21–18; 8:45 am] The term forged is an industry term certification report.
BILLING CODE 3510–DS–P
used to describe a class of products Subject carbon and alloy forged steel
included in applicable standards, and fittings are normally entered under
does not reference an exclusive Harmonized Tariff Schedule of the
DEPARTMENT OF COMMERCE manufacturing process. Forged steel United States (HTSUS) 7307.99.1000,
fittings are not manufactured from 7307.99.3000, 7307.99.5045, and
International Trade Administration casting. Pursuant to the applicable 7307.99.5060. They also may be entered
specifications, subject fittings may also under HTSUS 7307.92.3010,
[A–583–863]
be machined from bar stock or 7307.92.3030, 7307.92.9000, and
Forged Steel Fittings From Taiwan: machined from seamless pipe and tube. 7326.19.0010. The HTSUS subheadings
Antidumping Duty Order All types of fittings are included in and specifications are provided for
the scope regardless of nominal pipe convenience and customs purposes; the
AGENCY: Enforcement and Compliance, written description of the scope is
International Trade Administration, 1 See Forged Steel Fittings from Taiwan: Final
dispositive.
Department of Commerce. Determination of Sales at Less Than Fair Value, 83
amozie on DSK3GDR082PROD with NOTICES1
SUMMARY: Based on an affirmative final
FR 36519 (July 30, 2018) (Final Determination). Antidumping Duty Orders
2 See Letter from the U.S. International Trade
determination by the Department of Commission, regarding Forged Steel Fittings from As stated above, on September 14,
Commerce (Commerce) and the Taiwan, dated September 14, 2018 (ITC 2018, in accordance with section 735(d)
International Trade Commission (the Notification). of the Act, the ITC notified Commerce
3 See Memorandum to the File, ‘‘Placing Carbon
ITC), Commerce is issuing the Steel Butt Weld Pipe Fitting Scope Information
of its final determination in this
antidumping duty order on forged steel Ruling on the Record,’’ dated concurrently with this investigation, in which it found material
fittings from Taiwan. notice. injury with respect to forged steel
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Document Created: 2018-09-22 00:32:46
Document Modified: 2018-09-22 00:32:46
| 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 September 24, 2018. | |
| Contact | Caitlin Monks or Gene Calvert, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2670 or (202) 482-3586, respectively. | |
| FR Citation | 83 FR 48278 |
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