83 FR 50339 - Forged Steel Fittings From the People's Republic of China: Final Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 194 (October 5, 2018)
International Trade Administration
Federal Register Volume 83, Issue 194 (October 5, 2018)
| Page Range | 50339-50341 | |
| FR Document | 2018-21729 |
[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)] [Notices] [Pages 50339-50341] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21729] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-067] Forged Steel Fittings From the People's Republic of China: Final Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of forged steel fittings from the People's Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). DATES: Applicable October 5, 2018. FOR FURTHER INFORMATION CONTACT: Katherine Johnson at (202) 482-4929 or Irene Gorelik at (202) 482-6905, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On May 17, 2018, Commerce published in the Federal Register the Preliminary Determination and invited interested parties to comment.\1\ A summary of the events that occurred since Commerce published the Preliminary Determination may be found in the Issues and Decision Memorandum that is dated concurrently with this determination and hereby adopted by this notice.\2\ --------------------------------------------------------------------------- \1\ See Forged Steel Fittings from the People's Republic of China: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures, 82 FR 22948 (May 17, 2018) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. \2\ See Memorandum, ``Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Forged Steel Fittings from the People's Republic of China'' (Issues and Decision Memorandum). --------------------------------------------------------------------------- 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 is available to all parties in the Central Records Unit, Room B8024 of the main Department of 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 Issues and Decision Memorandum and the electronic version are identical in content. Period of Investigation The period of investigation is April 1, 2017, through September 30, 2017. Scope of the Investigation The products covered by this investigation are forged steel fittings from China. For a full description of the scope of this investigation, see the ``Scope of the Investigation,'' at Appendix I. Scope Comments During the course of this investigation and the concurrent investigations of forged steel fittings from China (CVD), Italy and Taiwan, Commerce received numerous scope comments from interested parties. Commerce issued a Preliminary Scope Decision Memorandum \3\ and a Second Preliminary Scope Decision Memorandum \4\ to address these comments. For a summary of the product coverage comments and rebuttals submitted to the records of this investigation and the concurrent investigations of forged steel fittings from China (CVD), Italy and Taiwan for consideration in the final determinations, and our accompanying discussion and analysis of them, see the Final Scope Decision Memorandum, issued on July 23, 2018, concurrent with the final determination in the LTFV investigation of forged steel fittings from Taiwan.\5\ See Appendix I for the final scope of the investigation. --------------------------------------------------------------------------- \3\ See Memorandum to the File, ``Scope Comments Decision Memorandum for the Preliminary Determinations,'' dated March 7, 2018 (Preliminary Scope Decision Memorandum). \4\ See Memorandum to the File, ``Second Preliminary Scope Decision Memorandum,'' dated May 7, 2018 (Second Preliminary Scope Decision Memorandum). \5\ See Memorandum, ``Forged Steel Fittings from China, Italy and Taiwan: Final Scope Determination Decision Memorandum,'' dated July 23, 2018 (Final Scope Decision Memorandum); see also, Memorandum to the File, ``Placing Carbon Steel Butt Weld Pipe Fitting Scope Information Ruling on the Record,'' dated September 19, 2018. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs that were submitted by parties in this investigation are addressed in the Issues and Decision Memorandum accompanying this notice. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice at Appendix II. For the final determination Commerce continues to rely upon facts otherwise available, with adverse inferences (AFA), for the China-wide entity, including the single entity comprising Jiangsu Haida Pipe Fittings Group Company Ltd., Haida Pipe Co., Ltd., and Yancheng L&W International Co., Ltd. (collectively, Haida), pursuant to sections 776(a) and (b) of the Act. Separate Rates For the final determination, we continue to find that 15 exporters are entitled to a separate rate, as noted below. In the Preliminary Determination, we assigned, as the separate rate, the margin calculated for Both-Well (Taizhou) Steel Fittings Co., Ltd. (Both-Well), the sole mandatory respondent for which we preliminarily calculated an estimated weighted-average dumping margin, consistent with our practice.\6\ For the final determination, we continue to assign the estimated weighted- average dumping margin calculated for Both- [[Page 50340]] Well to the exporters that are entitled to a separate rate. --------------------------------------------------------------------------- \6\ See Preliminary Determination, 82 FR at 22949-22950, and accompanying Preliminary Decision Memorandum at 15-16. --------------------------------------------------------------------------- China-Wide Entity For the final determination, we continue to find that the China- wide entity, which includes certain Chinese exporters and/or producers that did not respond to Commerce's requests for information, failed to provide necessary information, failed to provide information in a timely manner, and significantly impeded this proceeding by not submitting the requested information. We also continue to find that the China-wide entity failed to cooperate. As a result, we continue to determine for the China-wide entity an estimated weighted-average dumping margin on the basis of AFA pursuant to section 776(b) of the Act. In the Preliminary Determination, Commerce based the AFA rate for the China-wide entity on the petition margin of 142.72 percent.\7\ For this final determination, we continue to rely on AFA in determining the rate for the China-wide entity and, as AFA, we continue to select the petition margin of 142.72 percent as the estimated weighted-average dumping margin for the China-wide entity (including Haida), as corroborated in the Preliminary Determination. --------------------------------------------------------------------------- \7\ Id. at 22950 and accompanying Preliminary Decision Memorandum at 21. --------------------------------------------------------------------------- Combination Rates In the Initiation Notice,\8\ 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.\9\ --------------------------------------------------------------------------- \8\ See Initiation Notice, 82 FR at 50618. \9\ See Enforcement and Compliance's Policy Bulletin No. 05.1, ``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. --------------------------------------------------------------------------- Final Determination The final estimated weighted-average dumping margins are as follows: --------------------------------------------------------------------------- \10\ The China-wide entity includes: (1) Beijing Better Products International Ltd.; (2) Dalian Newshow Pipeline Industry Co.; (3) G&T Industry Holding Ltd.; (4) Shanxi Baolongda Forging Company Ltd.; (5) Shaanxi Fenry Flanges and Fittings Co., Ltd.; (6) Shenzhen Front Valve Co., Ltd.; (7) Qingdao Eathu Casting and Forging Co., Ltd.; (8) Gaoyou Huaxing Petroleum Pipe Manufacture Co., Ltd.; and (9) the single entity comprising Jiangsu Haida Pipe Fittings Group Company Ltd., its affiliated producer Haida Pipe Co., Ltd., and its affiliated reseller Yancheng L&W International Co., Ltd. ------------------------------------------------------------------------ Estimated weighted- Exporter Producer average dumping margin (percent) ------------------------------------------------------------------------ Both-Well (Taizhou) Steel Both-Well (Taizhou) 8.00 Fittings Co., Ltd. Steel Fittings Co., Ltd. Dalian Guangming Pipe Fittings Yancheng Jiuwei Pipe 8.00 Co., Ltd. Fittings Co., Ltd. Dalian Guangming Pipe Fittings Yancheng Manda Pipe 8.00 Co., Ltd. Industry Co., Ltd. Dalian Guangming Pipe Fittings Yancheng Haohui Pipe 8.00 Co., Ltd. Fittings Co., Ltd. Dalian Guangming Pipe Fittings Jiangsu Haida Pipe 8.00 Co., Ltd. Fittings Group Co., Ltd. Eaton Hydraulics (Ningbo) Co., Eaton Hydraulics 8.00 Ltd. (Ningbo) Co., Ltd. Eaton Hydraulics (Luzhou) Co., Eaton Hydraulics 8.00 Ltd. (Luzhou) Co., Ltd. Eaton Hydraulics (Luzhou) Co., Luzhou City Chengrun 8.00 Ltd. Mechanics Co., Ltd. Eaton Hydraulics (Luzhou) Co., Eaton Hydraulics 8.00 Ltd. (Ningbo) Co., Ltd. Jiangsu Forged Pipe Fittings Jiangsu Forged Pipe 8.00 Co., Ltd. Fittings Co., Ltd. Jinan Mech Piping Technology Jinan Mech Piping 8.00 Co., Ltd. Technology Co., Ltd. Jining Dingguan Precision Parts Jining Dingguan 8.00 Manufacturing Co., Ltd. Precision Parts Manufacturing Co., Ltd. Lianfa Stainless Steel Pipes & Lianfa Stainless Steel 8.00 Valves (Qingyun) Co., Ltd. Pipes & Valves (Qingyun) Co., Ltd. Ningbo Long Teng Metal Ningbo Long Teng Metal 8.00 Manufacturing Co., Ltd. Manufacturing Co., Ltd. Ningbo Save Technology Co., Ltd Ningbo Save Technology 8.00 Co., Ltd. Q.C. Witness International Co., Ningbo HongTe 8.00 Ltd. Industrial Co., Ltd. Q.C. Witness International Co., Cixi Baicheng Hardware 8.00 Ltd. Tools, Ltd. Qingdao Bestflow Industrial Yancheng Boyue Tube 8.00 Co., Ltd. Co., Ltd. Xin Yi International Trade Co., Yancheng Jiuwei Pipe 8.00 Limited. Fittings Co., Ltd. Xin Yi International Trade Co., Yancheng Manda Pipe 8.00 Limited. Industry Co., Ltd. Xin Yi International Trade Co., Yancheng Haohui Pipe 8.00 Limited. Fittings Co., Ltd. Xin Yi International Trade Co., Jiangsu Haida Pipe 8.00 Limited. Fittings Group Co., Ltd. Xin Yi International Trade Co., Yingkou Guangming 8.00 Limited. Pipeline Industry Co., Ltd. Xin Yi International Trade Co., Shanghai Lon Au 8.00 Limited. Stainless Steel Materials Co., Ltd. Yingkou Guangming Pipeline Yingkou Guangming 8.00 Industry Co., Ltd. Pipeline Industry Co., Ltd. Yingkou Guangming Pipeline Yancheng Jiuwei Pipe 8.00 Industry Co., Ltd. Fittings Co., Ltd. Yingkou Guangming Pipeline Yancheng Manda Pipe 8.00 Industry Co., Ltd. Industry Co., Ltd. Yingkou Guangming Pipeline Yancheng Haohui Pipe 8.00 Industry Co., Ltd. Fittings Co., Ltd. Yingkou Guangming Pipeline Jiangsu Haida Pipe 8.00 Industry Co., Ltd. Fittings Group Co., Ltd. Yuyao Wanlei Pipe Fitting Yuyao Wanlei Pipe 8.00 Manufacturing Co., Ltd. Fitting Manufacturing Co., Ltd. ------------------------------------------------------------------------ China-Wide Entity \10\ 142.72 ------------------------------------------------------------------------ Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, for this final determination, we will direct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of forged steel fittings from China, as described in Appendix I of this notice, which are entered, or withdrawn from warehouse, for consumption on or after May 17, 2018, the date of publication in the Federal Register of the affirmative Preliminary Determination. 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 [[Page 50341]] 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. 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 final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of final determination in the Federal Register, in accordance with 19 CFR 351.224(b). International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because Commerce's final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of forged steel fittings, no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated and all cash deposits posted will be refunded. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ``Continuation of Suspension of Liquidation'' section. Notification Regarding Administrative Protective Orders This notice will serve as a reminder to the parties subject to administrative protective order (APO) of their responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c). Dated: October 1, 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 carbon and alloy forged steel fittings, whether unfinished (commonly known as blanks or rough forgings) or finished. Such fittings are made in a variety of shapes including, but not limited to, elbows, tees, crosses, laterals, couplings, reducers, caps, plugs, bushings, unions, and outlets. Forged steel fittings are covered regardless of end finish, whether threaded, socket-weld or other end connections. While these fittings are generally manufactured to specifications ASME B16.11, MSS SP-79, MSS SP-83, MSS SP-97, ASTM A105, ASTM A350 and ASTM A182, the scope is not limited to fittings made to these specifications. The term forged is an industry term used to describe a class of products included in applicable standards, and does not reference an exclusive manufacturing process. Forged steel fittings are not manufactured from casting. Pursuant to the applicable specifications, subject fittings may also be machined from bar stock or machined from seamless pipe and tube. All types of fittings are included in the scope regardless of nominal pipe size (which may or may not be expressed in inches of nominal pipe size), pressure rating (usually, but not necessarily expressed in pounds of pressure/PSI, e.g., 2,000 or 2M; 3,000 or 3M; 6,000 or 6M; 9,000 or 9M), wall thickness, and whether or not heat treated. Excluded from this scope are all fittings entirely made of stainless steel. Also excluded are flanges, butt weld fittings, butt weld outlets, nipples, and all fittings that have a maximum pressure rating of 300 pounds of pressure/PSI or less. Also excluded are fittings certified or made to the following standards, so long as the fittings are not also manufactured to the specifications of ASME B16.11, MSS SP-79, MSS SP-83, MSS SP-97, ASTM A105, ASTM A350 and ASTM A182:American Petroleum Institute (API) 5CT, API 5L, or API 11B Society of Automotive Engineering (SAE) J476, SAE J514, SAE J516, SAE J517, SAE J518, SAE J1026, SAE J1231, SAE J1453, SAE J1926, J2044 or SAE AS 35411 Underwriter's Laboratories (UL) certified electrical conduit fittings ASTM A153, A536, A576, or A865 Casing Conductor Connectors 16-42 inches in diameter made to proprietary specifications Military Specification (MIL) MIL-C-4109F and MIL-F-3541 International Organization for Standardization (ISO) ISO6150-B To be excluded from the scope, products must have the appropriate standard or pressure markings and/or be accompanied by documentation showing product compliance to the applicable standard or pressure, e.g., ``API 5CT'' mark and/or a mill certification report. Subject carbon and alloy forged steel fittings are normally entered under Harmonized Tariff Schedule of the United States (HTSUS) 7307.99.1000, 7307.99.3000, 7307.99.5045, and 7307.99.5060. They also may be entered under HTSUS 7307.92.3010, 7307.92.3030, 7307.92.9000, and 7326.19.0010. The HTSUS subheadings and specifications are provided for convenience and customs purposes; the written description of the scope is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Changes from the Preliminary Determination IV. Discussion of the Issues Comment 1: Application of the Special Rule for Multinational Corporations (MNC Rule) to the Calculation for Both-Well Comment 2: Surrogate Country Selection Comment 3: Exclusion of Import Data With Quantities of Zero Comment 4: Conversion of GTA Data from FOB to CIF Basis Comment 5: Assignment of Total Adverse Facts Available to Haida Comment 6: Correction of Ministerial Error V. Recommendation [FR Doc. 2018-21729 Filed 10-4-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices 50339
information disclosed under APO in SUPPLEMENTARY INFORMATION: Preliminary Scope Decision
accordance with 19 CFR 351.305. Memorandum 4 to address these
Background
Timely notification of the return or comments. For a summary of the
destruction of APO materials or On May 17, 2018, Commerce product coverage comments and
conversion to judicial protective order is published in the Federal Register the rebuttals submitted to the records of this
hereby requested. Failure to comply Preliminary Determination and invited investigation and the concurrent
with the regulations and terms of an interested parties to comment.1 A investigations of forged steel fittings
APO is a violation which is subject to summary of the events that occurred from China (CVD), Italy and Taiwan for
sanction. since Commerce published the consideration in the final
We are issuing and publishing these Preliminary Determination may be determinations, and our accompanying
results and notice in accordance with found in the Issues and Decision discussion and analysis of them, see the
sections 751(c), 752(c), and 777(i)(1) of Memorandum that is dated concurrently Final Scope Decision Memorandum,
the Act and 19 CFR 351.218. with this determination and hereby issued on July 23, 2018, concurrent with
Dated: September 28, 2018.
adopted by this notice.2 the final determination in the LTFV
The Issues and Decision
Gary Taverman, investigation of forged steel fittings from
Memorandum is a public document and
Deputy Assistant Secretary for Antidumping Taiwan.5 See Appendix I for the final
is on file electronically via Enforcement
and Countervailing Duty Operations, scope of the investigation.
and Compliance’s Antidumping and
performing the non-exclusive functions and
duties of the Assistant Secretary for Countervailing Duty Centralized Analysis of Comments Received
Enforcement and Compliance. Electronic Service System (ACCESS).
ACCESS is available to registered users All issues raised in the case and
Appendix at http://access.trade.gov and is rebuttal briefs that were submitted by
List of Topics Discussed in the Issues and available to all parties in the Central parties in this investigation are
Decision Memorandum Records Unit, Room B8024 of the main addressed in the Issues and Decision
I. Summary Department of Commerce building. In Memorandum accompanying this
II. Background addition, a complete version of the notice. A list of the issues addressed in
III. Scope of the Order Issues and Decision Memorandum can the Issues and Decision Memorandum is
IV. History of the Order be accessed directly at http:// attached to this notice at Appendix II.
V. Legal Framework enforcement.trade.gov/frn/. The signed For the final determination Commerce
VI. Discussion of the Issues Issues and Decision Memorandum and continues to rely upon facts otherwise
1. Likelihood of Continuation or the electronic version are identical in
Recurrence of Dumping available, with adverse inferences
content. (AFA), for the China-wide entity,
2. Magnitude of the Margins Likely To
Prevail Period of Investigation including the single entity comprising
VII. Final Results of Sunset Review Jiangsu Haida Pipe Fittings Group
VIII. Recommendation The period of investigation is April 1, Company Ltd., Haida Pipe Co., Ltd., and
2017, through September 30, 2017. Yancheng L&W International Co., Ltd.
[FR Doc. 2018–21730 Filed 10–4–18; 8:45 am]
BILLING CODE 3510–DS–P Scope of the Investigation (collectively, Haida), pursuant to
The products covered by this sections 776(a) and (b) of the Act.
investigation are forged steel fittings Separate Rates
DEPARTMENT OF COMMERCE from China. For a full description of the
scope of this investigation, see the For the final determination, we
International Trade Administration ‘‘Scope of the Investigation,’’ at continue to find that 15 exporters are
[A–570–067] Appendix I. entitled to a separate rate, as noted
below. In the Preliminary
Forged Steel Fittings From the Scope Comments
Determination, we assigned, as the
People’s Republic of China: Final During the course of this investigation separate rate, the margin calculated for
Determination of Sales at Less Than and the concurrent investigations of Both-Well (Taizhou) Steel Fittings Co.,
Fair Value forged steel fittings from China (CVD), Ltd. (Both-Well), the sole mandatory
Italy and Taiwan, Commerce received respondent for which we preliminarily
AGENCY: Enforcement and Compliance,
numerous scope comments from calculated an estimated weighted-
International Trade Administration,
interested parties. Commerce issued a average dumping margin, consistent
Department of Commerce.
Preliminary Scope Decision with our practice.6 For the final
SUMMARY: The Department of Commerce Memorandum 3 and a Second
(Commerce) determines that imports of determination, we continue to assign
forged steel fittings from the People’s the estimated weighted-average
1 See Forged Steel Fittings from the People’s
Republic of China (China) are being, or dumping margin calculated for Both-
Republic of China: Affirmative Preliminary
are likely to be, sold in the United States Determination of Sales at Less Than Fair Value,
at less than fair value (LTFV). Postponement of Final Determination and 4 See Memorandum to the File, ‘‘Second
Extension of Provisional Measures, 82 FR 22948 Preliminary Scope Decision Memorandum,’’ dated
DATES: Applicable October 5, 2018. (May 17, 2018) (Preliminary Determination) and May 7, 2018 (Second Preliminary Scope Decision
FOR FURTHER INFORMATION CONTACT: accompanying Preliminary Decision Memorandum. Memorandum).
2 See Memorandum, ‘‘Issues and Decision 5 See Memorandum, ‘‘Forged Steel Fittings from
Katherine Johnson at (202) 482–4929 or
daltland on DSKBBV9HB2PROD with NOTICES
Memorandum for the Final Affirmative China, Italy and Taiwan: Final Scope Determination
Irene Gorelik at (202) 482–6905, AD/ Determination in the Less-Than-Fair-Value Decision Memorandum,’’ dated July 23, 2018 (Final
CVD Operations, Office VIII, Investigation of Forged Steel Fittings from the Scope Decision Memorandum); see also,
Enforcement and Compliance, People’s Republic of China’’ (Issues and Decision Memorandum to the File, ‘‘Placing Carbon Steel
International Trade Administration, Memorandum). Butt Weld Pipe Fitting Scope Information Ruling on
3 See Memorandum to the File, ‘‘Scope Comments the Record,’’ dated September 19, 2018.
U.S. Department of Commerce, 1401 Decision Memorandum for the Preliminary 6 See Preliminary Determination, 82 FR at 22949–
Constitution Avenue NW, Washington, Determinations,’’ dated March 7, 2018 (Preliminary 22950, and accompanying Preliminary Decision
DC 20230. Scope Decision Memorandum). Memorandum at 15–16.
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indicated in the chart above as follows: Notification Regarding Administrative fittings are not also manufactured to the
(1) For the producer/exporter Protective Orders specifications of ASME B16.11, MSS SP–79,
combinations listed in the table above, MSS SP–83, MSS SP–97, ASTM A105,
This notice will serve as a reminder
the cash deposit rate is equal to the ASTM A350 and ASTM A182:
to the parties subject to administrative
estimated weighted-average dumping protective order (APO) of their • American Petroleum Institute (API) 5CT,
margin listed for that combination in the responsibility concerning the API 5L, or API 11B
table; (2) for all combinations of Chinese disposition of propriety information • Society of Automotive Engineering (SAE)
producers/exporters of merchandise disclosed under APO in accordance J476, SAE J514, SAE J516, SAE J517, SAE
under consideration that have not with 19 CFR 351.305. Timely written J518, SAE J1026, SAE J1231, SAE J1453,
established eligibility for their own notification of return or destruction of SAE J1926, J2044 or SAE AS 35411
separate rates, the cash deposit rate will APO materials or conversion to judicial • Underwriter’s Laboratories (UL) certified
be equal to the estimated weighted- protective order is hereby requested. electrical conduit fittings
average dumping margin established for Failure to comply with the regulations • ASTM A153, A536, A576, or A865
the China-wide entity; and (3) for all and terms of an APO is a sanctionable • Casing Conductor Connectors 16–42 inches
third-county exporters of merchandise in diameter made to proprietary
violation.
under consideration not listed in the specifications
table above, the cash deposit rate is the Notification to Interested Parties • Military Specification (MIL) MIL–C–4109F
cash deposit rate applicable to the This determination is issued and and MIL–F–3541
Chinese producer/exporter combination published in accordance with sections • International Organization for
(or the China-wide entity) that supplied 735(d) and 777(i)(1) of the Act and 19 Standardization (ISO) ISO6150–B
that third-country exporter. These CFR 351.210(c). To be excluded from the scope, products
suspension of liquidation instructions must have the appropriate standard or
Dated: October 1, 2018.
will remain in effect until further notice. pressure markings and/or be accompanied by
Gary Taverman,
documentation showing product compliance
Disclosure Deputy Assistant Secretary for Antidumping to the applicable standard or pressure, e.g.,
and Countervailing Duty Operations,
Commerce intends to disclose to ‘‘API 5CT’’ mark and/or a mill certification
performing the non-exclusive functions and
interested parties the calculations duties of the Assistant Secretary for report.
performed in connection with this final Enforcement and Compliance. Subject carbon and alloy forged steel
determination within five days of any fittings are normally entered under
Appendix I Harmonized Tariff Schedule of the United
public announcement or, if there is no
public announcement, within five days Scope of the Investigation States (HTSUS) 7307.99.1000, 7307.99.3000,
7307.99.5045, and 7307.99.5060. They also
of the date of publication of the notice The merchandise covered by this
investigation is carbon and alloy forged steel may be entered under HTSUS 7307.92.3010,
of final determination in the Federal
fittings, whether unfinished (commonly 7307.92.3030, 7307.92.9000, and
Register, in accordance with 19 CFR
known as blanks or rough forgings) or 7326.19.0010. The HTSUS subheadings and
351.224(b).
finished. Such fittings are made in a variety specifications are provided for convenience
International Trade Commission of shapes including, but not limited to, and customs purposes; the written
Notification elbows, tees, crosses, laterals, couplings, description of the scope is dispositive.
reducers, caps, plugs, bushings, unions, and
In accordance with section 735(d) of outlets. Forged steel fittings are covered Appendix II
the Act, we will notify the International regardless of end finish, whether threaded,
socket-weld or other end connections. List of Topics Discussed in the Issues and
Trade Commission (ITC) of the final Decision Memorandum
affirmative determination of sales at While these fittings are generally
manufactured to specifications ASME I. Summary
LTFV. Because Commerce’s final B16.11, MSS SP–79, MSS SP–83, MSS SP–
determination is affirmative, in II. Background
97, ASTM A105, ASTM A350 and ASTM III. Changes from the Preliminary
accordance with section 735(b)(2) of the A182, the scope is not limited to fittings
Determination
Act, the ITC will make its final made to these specifications.
The term forged is an industry term used IV. Discussion of the Issues
determination as to whether the
to describe a class of products included in Comment 1: Application of the Special
domestic industry in the United States
applicable standards, and does not reference Rule for Multinational Corporations
is materially injured, or threatened with
an exclusive manufacturing process. Forged (MNC Rule) to the Calculation for Both-
material injury, by reason of imports or steel fittings are not manufactured from Well
sales (or the likelihood of sales) for casting. Pursuant to the applicable Comment 2: Surrogate Country Selection
importation of forged steel fittings, no specifications, subject fittings may also be Comment 3: Exclusion of Import Data With
later than 45 days after this final machined from bar stock or machined from Quantities of Zero
determination. If the ITC determines seamless pipe and tube.
Comment 4: Conversion of GTA Data from
that such injury does not exist, this All types of fittings are included in the
scope regardless of nominal pipe size (which FOB to CIF Basis
proceeding will be terminated and all Comment 5: Assignment of Total Adverse
may or may not be expressed in inches of
cash deposits posted will be refunded. nominal pipe size), pressure rating (usually, Facts Available to Haida
If the ITC determines that such injury but not necessarily expressed in pounds of Comment 6: Correction of Ministerial Error
does exist, Commerce will issue an pressure/PSI, e.g., 2,000 or 2M; 3,000 or 3M; V. Recommendation
antidumping duty order directing CBP 6,000 or 6M; 9,000 or 9M), wall thickness,
[FR Doc. 2018–21729 Filed 10–4–18; 8:45 am]
to assess, upon further instruction by and whether or not heat treated.
daltland on DSKBBV9HB2PROD with NOTICES
Commerce, antidumping duties on all Excluded from this scope are all fittings BILLING CODE 3510–DS–P
imports of the subject merchandise entirely made of stainless steel. Also
entered, or withdrawn from warehouse, excluded are flanges, butt weld fittings, butt
weld outlets, nipples, and all fittings that
for consumption on or after the effective have a maximum pressure rating of 300
date of the suspension of liquidation, as pounds of pressure/PSI or less.
discussed above in the ‘‘Continuation of Also excluded are fittings certified or made
Suspension of Liquidation’’ section. to the following standards, so long as the
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Document Created: 2018-10-05 01:52:56
Document Modified: 2018-10-05 01:52:56
| 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 October 5, 2018. | |
| Contact | Katherine Johnson at (202) 482-4929 or Irene Gorelik at (202) 482-6905, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. | |
| FR Citation | 83 FR 50339 |
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