83_FR_50536 83 FR 50342 - Forged Steel Fittings From the People's Republic of China: Final Affirmative Countervailing Duty Determination

83 FR 50342 - Forged Steel Fittings From the People's Republic of China: Final Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 194 (October 5, 2018)

Page Range50342-50344
FR Document2018-21734

The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of forged steel fittings from the People's Republic of China (China).

Federal Register, Volume 83 Issue 194 (Friday, October 5, 2018)
[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Notices]
[Pages 50342-50344]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21734]



[[Page 50342]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-068]


Forged Steel Fittings From the People's Republic of China: Final 
Affirmative Countervailing Duty Determination

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

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of forged steel fittings from the People's Republic of China (China).

DATES: Applicable October 5, 2018.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Janae Martin, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-1766 or (202) 
482-0238, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 14, 2018, Commerce published in the Federal Register the 
Preliminary Determination.\1\ The selected mandatory respondents in 
this investigation are Beijing Bell Plumbing Mfg., Ltd. (Beijing Bell) 
and Both-Well (Taizhou) Steel Fittings, Co., Ltd. (Both-Well). In the 
Preliminary Determination, in accordance with section 705(a)(1) of the 
Act and 19 CFR 351.210(b)(4), Commerce aligned the final CVD 
determination with the final antidumping duty (AD) determination. The 
revised deadline for the final determination of this investigation is 
now October 1, 2018. On May 25, 2018, Commerce issued its Post-
Preliminary Analysis.\2\
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    \1\ See Forged Steel Fittings from the People's Republic of 
China: Preliminary Affirmative Countervailing Duty Determination and 
Alignment of Final Determination With Final Antidumping Duty 
Determination, 83 FR 11170 (March 14, 2018) (Preliminary 
Determination).
    \2\ See Memorandum to Gary Taverman, ``Post-Preliminary Analysis 
of Countervailing Duty Investigation: Forged Steel Fittings from the 
People's Republic of China,'' dated May 25, 2018 (Post-Preliminary 
Analysis).
---------------------------------------------------------------------------

    A summary of the events that occurred since Commerce published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum issued concurrently with this notice.\3\ 
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 and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination of the Countervailing Duty 
Investigation of Forged Steel Fittings from the People's Republic of 
China,'' dated concurrently with this determination and hereby 
adopted by this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation (POI) is January 1, 2016, through 
December 31, 2016.

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'' in Appendix I.

Scope Comments

    During the course of this investigation and the concurrent 
antidumping investigations of forged steel fittings from China, Italy, 
and Taiwan, Commerce received numerous scope comments from interested 
parties. Commerce issued a Preliminary Scope Decision Memorandum \4\ 
and a Second Preliminary Scope Decision Memorandum \5\ to address these 
comments. For a summary of the product coverage comments and rebuttals 
submitted to the records of this investigation and the concurrent 
antidumping investigations of forged steel fittings from China, 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 antidumping duty investigation of forged steel 
fittings from Taiwan.\6\ See Appendix I for the final scope of the 
investigation.
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    \4\ See Memorandum to the File, ``Scope Comments Decision 
Memorandum for the Preliminary Determinations,'' dated March 7, 2018 
(Preliminary Scope Decision Memorandum).
    \5\ See Memorandum to the File, ``Second Preliminary Scope 
Decision Memorandum,'' dated May 7, 2018 (Second Preliminary Scope 
Decision Memorandum).
    \6\ 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.
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Verification

    As provided in section 782(i) of the Act, in May 2018, we conducted 
verification of the questionnaire response submitted by Both-Well, the 
information submitted by the Government of China (GOC) with respect to 
one program (Provision of Special Bar Quality Bar for Less Than 
Adequate Remuneration), and the no-shipment claim submitted by Beijing 
Bell.\7\ We used standard verification procedures, including an 
examination of relevant accounting and financial records, and original 
source documents.
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    \7\ See Commerce Memoranda, ``Verification of the Questionnaire 
Responses of the Government of the People's Republic of China: 
Countervailing Duty Investigation of Forged Steel Fittings from the 
People's Republic of China,'' dated June 25, 2018 (GOC Verification 
Report); ``Verification of Beijing Bell Plumbing Mfg., Ltd.'s Claim 
of No Sales of Subject Merchandise to the U.S. Market During the 
Period of Investigation: Countervailing Duty Investigation of Forged 
Steel Fittings from the People's Republic of China,'' dated June 28, 
2018 (Beijing Bell Verification Report); and ``Verification of the 
Questionnaire Responses of Both-Well (Taizhou) Steel Fittings, Co., 
Ltd.: Countervailing Duty Investigation of Forged Steel Fittings 
from the People's Republic of China,'' dated August 7, 2018 (Both-
Well Verification Report).
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Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case and rebuttal briefs by parties in this investigation are 
discussed in the Issues and Decision Memorandum. A list of the issues 
that parties raised, and to which we responded in the Issues and 
Decision Memorandum, is attached to this notice at Appendix II.

Methodology

    Commerce conducted this investigation in accordance with section 
701 of the Tariff Act of 1930, as amended (the Act). For each of the 
subsidy programs found countervailable, Commerce determines that there 
is a subsidy, i.e. , a financial contribution by an ``authority'' that 
gives rise to a benefit to the recipient, and that the subsidy is 
specific.\8\ For a full description of the methodology

[[Page 50343]]

underlying our final determination, see the Issues and Decision 
Memorandum.
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    \8\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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    In making this final determination, Commerce relied, in part, on 
facts available pursuant to section 776(a) of the Act. Additionally, as 
discussed in the Issues and Decision Memorandum, because the GOC did 
not act to the best of its ability in responding to our requests for 
information, we drew adverse inferences, where appropriate, in 
selecting from among the facts otherwise available, pursuant to section 
776(b) of the Act.\9\ For further information, see the section ``Use of 
Facts Otherwise Available and Adverse Inferences'' in the accompanying 
Issues and Decision Memorandum.
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    \9\ See Issues and Decision Memorandum at ``Use of Facts 
Otherwise Available and Adverse Inferences'' section.
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Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties, minor corrections presented at verification, and our 
verification findings, we made certain changes to Both-Well's subsidy 
rate calculations. For a discussion of these changes, see the Issues 
and Decision Memorandum.

Final Determination

    In accordance with section 705(c)(l)(B)(i) of the Act, we 
calculated a subsidy rate for Both-Well, a producer/exporter of subject 
merchandise selected for individual examination in this investigation. 
Based on our verification findings, we determine that the other 
mandatory respondent in this investigation, Beijing Bell, did not 
export subject merchandise to the United States during the period of 
this investigation.\10\ Therefore, we did not calculate a subsidy rate 
for Beijing Bell.
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    \10\ See Beijing Bell Verification Report at 4-7.
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    Section 705(c)(5)(A) of the Act provides that in the final 
determination, Commerce shall determine an estimated all-others rate 
for companies not individually examined. This rate shall be an amount 
equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
zero and de minimis rates and any rates based entirely under section 
776 of the Act.
    In this investigation, Commerce calculated an individual estimated 
countervailable subsidy rate for Both-Well that is not zero, de 
minimis, or based entirely on facts otherwise available. Because Both-
Well is the only individually examined exporter/producer in this 
investigation and its calculated rate is not zero, de minimis, or based 
entirely under section 776 of the Act, the estimated weighted-average 
rate calculated for Both-Well is the rate assigned to all-other 
producers and exporters, pursuant to section 705(c)(5)(A)(i) of the 
Act.
    Commerce determines that the following estimated countervailable 
subsidy rates exist:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Both-Well (Taizhou) Steel Fittings, Co., Ltd................       13.41
All-Others..................................................       13.41
------------------------------------------------------------------------

Disclosure

    We intend to disclose to parties in this proceeding the 
calculations performed for this final determination within five days of 
the date of publication of this notice, in accordance with 19 CFR 
351.224(b).

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination and pursuant to 
section 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs 
and Border Protection (CBP) to suspend liquidation of entries 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 the Preliminary Determination in the 
Federal Register. In accordance with section 703(d) of the Act, we 
issued instructions to CBP to discontinue the suspension of liquidation 
for CVD purposes for subject merchandise entered, or withdrawn from 
warehouse, on or after July 11, 2018, but to continue the suspension of 
liquidation of all entries from March 14, 2018, through July 10, 2018.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a CVD order, reinstate 
the suspension of liquidation under section 706(a) of the Act, and 
require a cash deposit of estimated countervailing duties for such 
entries of subject merchandise in the amounts indicated above. If the 
ITC determines that material injury, or threat of material injury, does 
not exist, this proceeding will be terminated, and all estimated duties 
deposited or securities posted as a result of the suspension of 
liquidation will be refunded or canceled.

International Trade Commission Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Assistant Secretary for Enforcement and Compliance.

Notification Regarding Administrative Protective Orders

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an 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 the return/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 violation which is subject to sanction.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
705(d) and 777(i) 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

[[Page 50344]]

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) API 5CT, API 5L, or API 
11B
 Society of Automotive Engineering (SAE) 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 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. Use of Facts Otherwise Available and Adverse Inferences
IV. Subsidies Valuation
V. Analysis of Programs
VI. Analysis of Comments
    Comment 1: Provision for Land for Less Than Adequate 
Remuneration (LTAR): Appropriate Benchmark
    Comment 2: Provision for Special Bar Quality(SBQ) Bar for LTAR: 
Whether Respondent's Input Is Comparable to SBQ Bar
    Comment 3: SBQ Bar for LTAR: Market Distortion Analysis
    Comment 4: Affiliated Party Sales
    Comment 5: Removing Value-Added Tax (VAT) From Reported Freight 
Data
    Comment 6: Removing VAT From Reported Electricity Data
    Comment 7: Application of Adverse Facts Available (AFA) 
Concerning Electricity
VII. Recommendation

 [FR Doc. 2018-21734 Filed 10-4-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                               50342                          Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices

                                               DEPARTMENT OF COMMERCE                                  this notice.3 The Issues and Decision                 forged steel fittings from Taiwan.6 See
                                                                                                       Memorandum is a public document and                   Appendix I for the final scope of the
                                               International Trade Administration                      is on file electronically via Enforcement             investigation.
                                                                                                       and Compliance’s Antidumping and
                                               [C–570–068]                                                                                                   Verification
                                                                                                       Countervailing Duty Centralized
                                                                                                       Electronic Service System (ACCESS).                     As provided in section 782(i) of the
                                               Forged Steel Fittings From the                          ACCESS is available to registered users
                                               People’s Republic of China: Final                                                                             Act, in May 2018, we conducted
                                                                                                       at http://access.trade.gov and is                     verification of the questionnaire
                                               Affirmative Countervailing Duty                         available to all parties in the Central
                                               Determination                                                                                                 response submitted by Both-Well, the
                                                                                                       Records Unit, room B8024 of the main                  information submitted by the
                                               AGENCY:  Enforcement and Compliance,                    Department of Commerce building. In                   Government of China (GOC) with
                                               International Trade Administration,                     addition, a complete version of the                   respect to one program (Provision of
                                               Department of Commerce.                                 Issues and Decision Memorandum can                    Special Bar Quality Bar for Less Than
                                               SUMMARY: The Department of Commerce
                                                                                                       be accessed directly at http://                       Adequate Remuneration), and the no-
                                               (Commerce) determines that                              enforcement.trade.gov/frn/. The signed                shipment claim submitted by Beijing
                                               countervailable subsidies are being                     and electronic versions of the Issues and             Bell.7 We used standard verification
                                                                                                       Decision Memorandum are identical in                  procedures, including an examination of
                                               provided to producers and exporters of
                                                                                                       content.                                              relevant accounting and financial
                                               forged steel fittings from the People’s
                                               Republic of China (China).                              Period of Investigation                               records, and original source documents.
                                               DATES: Applicable October 5, 2018.                        The period of investigation (POI) is                Analysis of Subsidy Programs and
                                               FOR FURTHER INFORMATION CONTACT:                        January 1, 2016, through December 31,                 Comments Received
                                               Brian Smith or Janae Martin, AD/CVD                     2016.
                                                                                                                                                                The subsidy programs under
                                               Operations, Office VIII, Enforcement                    Scope of the Investigation                            investigation and the issues raised in
                                               and Compliance, International Trade
                                                                                                          The products covered by this                       the case and rebuttal briefs by parties in
                                               Administration, U.S. Department of
                                                                                                       investigation are forged steel fittings               this investigation are discussed in the
                                               Commerce, 1401 Constitution Avenue
                                                                                                       from China. For a full description of the             Issues and Decision Memorandum. A
                                               NW, Washington, DC 20230; telephone:
                                                                                                       scope of this investigation, see the                  list of the issues that parties raised, and
                                               (202) 482–1766 or (202) 482–0238,
                                                                                                       ‘‘Scope of the Investigation’’ in                     to which we responded in the Issues
                                               respectively.
                                                                                                       Appendix I.                                           and Decision Memorandum, is attached
                                               SUPPLEMENTARY INFORMATION:                                                                                    to this notice at Appendix II.
                                                                                                       Scope Comments
                                               Background                                                                                                    Methodology
                                                                                                          During the course of this investigation
                                                 On March 14, 2018, Commerce                           and the concurrent antidumping                          Commerce conducted this
                                               published in the Federal Register the                   investigations of forged steel fittings               investigation in accordance with section
                                               Preliminary Determination.1 The                         from China, Italy, and Taiwan,                        701 of the Tariff Act of 1930, as
                                               selected mandatory respondents in this                  Commerce received numerous scope                      amended (the Act). For each of the
                                               investigation are Beijing Bell Plumbing                 comments from interested parties.                     subsidy programs found
                                               Mfg., Ltd. (Beijing Bell) and Both-Well                 Commerce issued a Preliminary Scope                   countervailable, Commerce determines
                                               (Taizhou) Steel Fittings, Co., Ltd. (Both-              Decision Memorandum 4 and a Second                    that there is a subsidy, i.e. , a financial
                                               Well). In the Preliminary Determination,                Preliminary Scope Decision                            contribution by an ‘‘authority’’ that
                                               in accordance with section 705(a)(1) of                 Memorandum 5 to address these                         gives rise to a benefit to the recipient,
                                               the Act and 19 CFR 351.210(b)(4),                       comments. For a summary of the                        and that the subsidy is specific.8 For a
                                               Commerce aligned the final CVD                          product coverage comments and                         full description of the methodology
                                               determination with the final                            rebuttals submitted to the records of this
                                               antidumping duty (AD) determination.                    investigation and the concurrent                        6 See Memorandum, ‘‘Forged Steel Fittings from
                                               The revised deadline for the final                      antidumping investigations of forged                  China, Italy and Taiwan: Final Scope Determination
                                               determination of this investigation is                  steel fittings from China, Italy, and                 Decision Memorandum,’’ dated July 23, 2018 (Final
                                               now October 1, 2018. On May 25, 2018,                   Taiwan for consideration in the final                 Scope Decision Memorandum); see also,
                                                                                                                                                             Memorandum to the File, ‘‘Placing Carbon Steel
                                               Commerce issued its Post-Preliminary                    determinations, and our accompanying                  Butt Weld Pipe Fitting Scope Information Ruling on
                                               Analysis.2                                              discussion and analysis of them, see the              the Record,’’ dated September 19, 2018.
                                                 A summary of the events that                          Final Scope Decision Memorandum,                        7 See Commerce Memoranda, ‘‘Verification of the

                                               occurred since Commerce published the                   issued on July 23, 2018, concurrent with              Questionnaire Responses of the Government of the
                                               Preliminary Determination, as well as a                 the final determination in the                        People’s Republic of China: Countervailing Duty
                                                                                                                                                             Investigation of Forged Steel Fittings from the
                                               full discussion of the issues raised by                 antidumping duty investigation of                     People’s Republic of China,’’ dated June 25, 2018
                                               parties for this final determination, may                                                                     (GOC Verification Report); ‘‘Verification of Beijing
                                               be found in the Issues and Decision                       3 See Memorandum, ‘‘Issues and Decision             Bell Plumbing Mfg., Ltd.’s Claim of No Sales of
                                               Memorandum issued concurrently with                     Memorandum for the Final Affirmative                  Subject Merchandise to the U.S. Market During the
                                                                                                       Determination of the Countervailing Duty              Period of Investigation: Countervailing Duty
                                                                                                       Investigation of Forged Steel Fittings from the       Investigation of Forged Steel Fittings from the
                                                 1 See Forged Steel Fittings from the People’s         People’s Republic of China,’’ dated concurrently      People’s Republic of China,’’ dated June 28, 2018
                                               Republic of China: Preliminary Affirmative              with this determination and hereby adopted by this    (Beijing Bell Verification Report); and ‘‘Verification
daltland on DSKBBV9HB2PROD with NOTICES




                                               Countervailing Duty Determination and Alignment         notice (Issues and Decision Memorandum).              of the Questionnaire Responses of Both-Well
                                               of Final Determination With Final Antidumping             4 See Memorandum to the File, ‘‘Scope Comments      (Taizhou) Steel Fittings, Co., Ltd.: Countervailing
                                               Duty Determination, 83 FR 11170 (March 14, 2018)        Decision Memorandum for the Preliminary               Duty Investigation of Forged Steel Fittings from the
                                               (Preliminary Determination).                            Determinations,’’ dated March 7, 2018 (Preliminary    People’s Republic of China,’’ dated August 7, 2018
                                                 2 See Memorandum to Gary Taverman, ‘‘Post-            Scope Decision Memorandum).                           (Both-Well Verification Report).
                                               Preliminary Analysis of Countervailing Duty               5 See Memorandum to the File, ‘‘Second                8 See sections 771(5)(B) and (D) of the Act

                                               Investigation: Forged Steel Fittings from the           Preliminary Scope Decision Memorandum,’’ dated        regarding financial contribution; section 771(5)(E)
                                               People’s Republic of China,’’ dated May 25, 2018        May 7, 2018 (Second Preliminary Scope Decision        of the Act regarding benefit; and section 771(5A) of
                                               (Post-Preliminary Analysis).                            Memorandum).                                          the Act regarding specificity.



                                          VerDate Sep<11>2014   17:11 Oct 04, 2018   Jkt 247001   PO 00000   Frm 00012   Fmt 4703   Sfmt 4703   E:\FR\FM\05OCN1.SGM   05OCN1


                                                                              Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices                                              50343

                                               underlying our final determination, see                 producer in this investigation and its                  International Trade Commission
                                               the Issues and Decision Memorandum.                     calculated rate is not zero, de minimis,                Notification
                                                 In making this final determination,                   or based entirely under section 776 of                     In accordance with section 705(d) of
                                               Commerce relied, in part, on facts                      the Act, the estimated weighted-average                 the Act, we will notify the ITC of our
                                               available pursuant to section 776(a) of                 rate calculated for Both-Well is the rate               determination. In addition, we are
                                               the Act. Additionally, as discussed in                  assigned to all-other producers and                     making available to the ITC all non-
                                               the Issues and Decision Memorandum,                     exporters, pursuant to section                          privileged and non-proprietary
                                               because the GOC did not act to the best                 705(c)(5)(A)(i) of the Act.                             information related to this investigation.
                                               of its ability in responding to our                       Commerce determines that the                          We will allow the ITC access to all
                                               requests for information, we drew                       following estimated countervailable                     privileged and business proprietary
                                               adverse inferences, where appropriate,                  subsidy rates exist:                                    information in our files, provided the
                                               in selecting from among the facts                                                                               ITC confirms that it will not disclose
                                               otherwise available, pursuant to section                                                              Subsidy   such information, either publicly or
                                               776(b) of the Act.9 For further                                Company                                 rate     under an administrative protective order
                                               information, see the section ‘‘Use of                                                                (percent)  (APO), without the written consent of
                                               Facts Otherwise Available and Adverse                                                                           the Assistant Secretary for Enforcement
                                               Inferences’’ in the accompanying Issues           Both-Well (Taizhou) Steel Fit-
                                               and Decision Memorandum.                            tings, Co., Ltd ..........................            13.41 and Compliance.
                                                                                                 All-Others ....................................         13.41 Notification Regarding Administrative
                                               Changes Since the Preliminary                                                                                   Protective Orders
                                               Determination                                     Disclosure                                                       In the event that the ITC issues a final
                                                  Based on our review and analysis of                                                                          negative injury determination, this
                                               the comments received from parties,                  We   intend    to   disclose        to  parties    in
                                                                                                 this proceeding the calculations                              notice will serve as the only reminder
                                               minor corrections presented at                                                                                  to parties subject to an APO of their
                                               verification, and our verification                performed     for   this    final     determination
                                                                                                 within five days of the date of                               responsibility concerning the
                                               findings, we made certain changes to                                                                            destruction of proprietary information
                                               Both-Well’s subsidy rate calculations.            publication     of   this    notice,      in    accordance
                                                                                                 with 19 CFR 351.224(b).                                       disclosed under APO in accordance
                                               For a discussion of these changes, see                                                                          with 19 CFR 351.305(a)(3). Timely
                                               the Issues and Decision Memorandum.               Continuation of Suspension of                                 written notification of the return/
                                               Final Determination                               Liquidation                                                   destruction of APO materials or
                                                                                                                                                               conversion to judicial protective order is
                                                  In accordance with section                        As a result of our Preliminary                             hereby requested. Failure to comply
                                               705(c)(l)(B)(i) of the Act, we calculated         Determination and pursuant to section                         with the regulations and terms of an
                                               a subsidy rate for Both-Well, a                   703(d)(1)(B) and (d)(2) of the Act, we                        APO is a violation which is subject to
                                               producer/exporter of subject                      instructed U.S. Customs and Border                            sanction.
                                               merchandise selected for individual               Protection (CBP) to suspend liquidation
                                               examination in this investigation. Based of entries of subject merchandise as                                   Notification to Interested Parties
                                               on our verification findings, we                  described in the scope of the                                    This determination is issued and
                                               determine that the other mandatory                investigation section entered, or                             published pursuant to sections 705(d)
                                               respondent in this investigation, Beijing withdrawn from warehouse, for                                         and 777(i) of the Act and 19 CFR
                                               Bell, did not export subject merchandise consumption on or after the date of                                    351.210(c).
                                               to the United States during the period            publication of the Preliminary                                   Dated: October 1, 2018.
                                               of this investigation.10 Therefore, we did Determination in the Federal Register.
                                                                                                                                                               Gary Taverman,
                                               not calculate a subsidy rate for Beijing          In accordance with section 703(d) of the
                                               Bell.                                                                                                           Deputy Assistant Secretary for Antidumping
                                                                                                 Act, we issued instructions to CBP to
                                                                                                                                                               and Countervailing Duty Operations,
                                                  Section 705(c)(5)(A) of the Act                discontinue the suspension of                                 performing the non-exclusive functions and
                                               provides that in the final determination, liquidation for CVD purposes for subject duties of the Assistant Secretary for
                                               Commerce shall determine an estimated merchandise entered, or withdrawn                                         Enforcement and Compliance.
                                               all-others rate for companies not                 from warehouse, on or after July 11,
                                               individually examined. This rate shall            2018, but to continue the suspension of                       Appendix I
                                               be an amount equal to the weighted                liquidation of all entries from March 14, Scope of the Investigation
                                               average of the estimated subsidy rates            2018, through July 10, 2018.                                     The merchandise covered by this
                                               established for those companies                      If the U.S. International Trade                            investigation is carbon and alloy forged steel
                                               individually examined, excluding any              Commission (ITC) issues a final                               fittings, whether unfinished (commonly
                                               zero and de minimis rates and any rates affirmative injury determination, we                                    known as blanks or rough forgings) or
                                               based entirely under section 776 of the                                                                         finished. Such fittings are made in a variety
                                                                                                 will issue a CVD order, reinstate the                         of shapes including, but not limited to,
                                               Act.                                              suspension of liquidation under section elbows, tees, crosses, laterals, couplings,
                                                  In this investigation, Commerce                706(a) of the Act, and require a cash                         reducers, caps, plugs, bushings, unions, and
                                               calculated an individual estimated                deposit of estimated countervailing                           outlets. Forged steel fittings are covered
                                               countervailable subsidy rate for Both-            duties for such entries of subject                            regardless of end finish, whether threaded,
                                               Well that is not zero, de minimis, or             merchandise in the amounts indicated                          socket-weld or other end connections.
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                                               based entirely on facts otherwise                 above. If the ITC determines that                                While these fittings are generally
                                               available. Because Both-Well is the only material injury, or threat of material                                 manufactured to specifications ASME
                                               individually examined exporter/                                                                                 B16.11, MSS SP–79, MSS SP–83, MSS SP–
                                                                                                 injury, does not exist, this proceeding                       97, ASTM A105, ASTM A350, and ASTM
                                                 9 See Issues and Decision Memorandum at ‘‘Use
                                                                                                 will be terminated, and all estimated                         A182, the scope is not limited to fittings
                                               of Facts Otherwise Available and Adverse          duties deposited or securities posted as                      made to these specifications.
                                               Inferences’’ section.                             a result of the suspension of liquidation                        The term forged is an industry term used
                                                 10 See Beijing Bell Verification Report at 4–7. will be refunded or canceled.                                 to describe a class of products included in



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                                               50344                          Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices

                                               applicable standards, and does not reference              Comment 2: Provision for Special Bar      Indonesia, Latvia, Moldova, Poland, and
                                               an exclusive manufacturing process. Forged                   Quality(SBQ) Bar for LTAR: Whether     Ukraine, pursuant to section 751(c)(2) of
                                               steel fittings are not manufactured from                     Respondent’s Input Is Comparable to    the Tariff Act of 1930, as amended (the
                                               casting. Pursuant to the applicable                          SBQ Bar
                                                                                                                                                   Act).2 On June 12, 2018, Commerce
                                               specifications, subject fittings may also be              Comment 3: SBQ Bar for LTAR: Market
                                               machined from bar stock or machined from                     Distortion Analysis
                                                                                                                                                   received notices of intent to participate
                                               seamless pipe and tube.                                   Comment 4: Affiliated Party Sales         from the Rebar Trade Action Coalition
                                                  All types of fittings are included in the              Comment 5: Removing Value-Added Tax       (a domestic interested party) within the
                                               scope regardless of nominal pipe size (which                 (VAT) From Reported Freight Data       deadline specified in 19 CFR
                                               may or may not be expressed in inches of                  Comment 6: Removing VAT From              351.218(d)(1)(i).3 RTAC claimed
                                               nominal pipe size), pressure rating (usually,                Reported Electricity Data              interested party status under section
                                               but not necessarily expressed in pounds of                Comment 7: Application of Adverse Facts   771(9)(C) of the Act, as a domestic
                                               pressure/PSI, e.g., 2,000 or 2M; 3,000 or 3M;                Available (AFA) Concerning Electricity producer of rebar.4
                                               6,000 or 6M; 9,000 or 9M), wall thickness,              VII. Recommendation
                                               and whether or not heat treated.                                                                       On June 12, 2018, Commerce received
                                                                                                       [FR Doc. 2018–21734 Filed 10–4–18; 8:45 am]
                                                  Excluded from this scope are all fittings                                                        complete substantive responses from the
                                               entirely made of stainless steel. Also                  BILLING CODE 3510–DS–P                      domestic interested party within the 30-
                                               excluded are flanges, butt weld fittings, butt                                                      day deadline specified in 19 CFR
                                               weld outlets, nipples, and all fittings that                                                        351.218(d)(3)(i).5 We did not receive
                                               have a maximum pressure rating of 300                   DEPARTMENT OF COMMERCE
                                                                                                                                                   any responses from respondent
                                               pounds of pressure/PSI or less.
                                                  Also excluded are fittings certified or made         International Trade Administration          interested parties in these proceedings.
                                               to the following standards, so long as the                                                          As a result, pursuant to 19 CFR
                                                                                                       [A–449–804, A–455–803, A–560–811, A–570– 351.218(e)(1)(ii)(C)(2), Commerce
                                               fittings are not also manufactured to the
                                                                                                       860, A–822–804, A–823–809, A–841–804]       conducted expedited (120-day) sunset
                                               specifications of ASME B16.11, MSS SP–79,
                                               MSS SP–83, MSS SP–97, ASTM A105,                                                                    reviews of the Orders.
                                               ASTM A350, and ASTM A182:
                                                                                                       Steel Concrete Reinforcing Bars From
                                                                                                       Belarus, the People’s Republic of           Scope of the Orders
                                               • American Petroleum Institute (API) API
                                                  5CT, API 5L, or API 11B
                                                                                                       China, Indonesia, Latvia, Moldova,
                                                                                                       Poland, and Ukraine: Final Results of          There are existing antidumping duty
                                               • Society of Automotive Engineering (SAE)                                                           orders on rebar from Belarus, China,
                                                  SAE J476, SAE J514, SAE J516, SAE J517,              Expedited Third Sunset Reviews of the
                                                  SAE J518, SAE J1026, SAE J1231, SAE                  Antidumping Duty Orders
                                                  J1453, SAE J1926, J2044 or SAE AS 35411                                                                    Revocation of Antidumping Duty Order, 72 FR
                                               • Underwriter’s Laboratories (UL) certified             AGENCY:   Enforcement and Compliance,                 44830 (August 9, 2007).
                                                                                                                                                                2 See Initiation of Five-Year (Sunset) Reviews, 83
                                                  electrical conduit fittings                          International Trade Administration,
                                                                                                                                                             FR 25436 (June 1, 2018).
                                               • ASTM A153, A536, A576, or A865                        Department of Commerce.                                  3 See letters from RTAC, ‘‘Steel Concrete
                                               • Casing Conductor Connectors 16–42 inches              SUMMARY: As a result of these sunset                  Reinforcing Bars from the People’s Republic of
                                                  in diameter made to proprietary                      reviews, the Department of Commerce                   China: Notice of Intent to Participate,’’ dated June
                                                  specifications                                       (Commerce) finds that revocation of the               12, 2018 (China NOITP); ‘‘Steel Concrete
                                               • Military Specification (MIL) MIL–C–4109F                                                                    Reinforcing Bars from Ukraine: Notice of Intent to
                                                                                                       antidumping duty (AD) orders on steel                 Participate,’’ dated June 12, 2018 (Ukraine NOITP);
                                                  and MIL–F–3541
                                               • International Organization for                        concrete reinforcing bars (rebar) from                ‘‘Steel Concrete Reinforcing Bars from Belarus:
                                                  Standardization (ISO) ISO6150–B                      Belarus, the People’s Republic of China               Notice of Intent to Participate,’’ dated June 12, 2018
                                                                                                       (China), Indonesia, Latvia, Moldova,                  (Belarus NOITP); ‘‘Steel Concrete Reinforcing Bars
                                                  To be excluded from the scope, products                                                                    from Indonesia: Notice of Intent to Participate,’’
                                               must have the appropriate standard or                   Poland, and Ukraine would likely lead                 dated June 12, 2018 (Indonesia NOITP); ‘‘Steel
                                               pressure markings and/or accompanied by                 to a continuation or recurrence of                    Concrete Reinforcing Bars from Latvia: Notice of
                                               documentation showing product compliance                dumping at the dumping margins                        Intent to Participate,’’ dated June 12, 2018 (Latvia
                                               to the applicable standard or pressure, e.g. ,          identified in the ‘‘Final Results of                  NOITP); ‘‘Steel Concrete Reinforcing Bars from
                                               ‘‘API 5CT’’ mark and/or a mill certification                                                                  Moldova: Notice of Intent to Participate,’’ dated
                                                                                                       Review’’ section of this notice.                      June 12, 2018 (Moldova NOITP); ‘‘Steel Concrete
                                               report.
                                                                                                       DATES: Applicable October 5, 2018.                    Reinforcing Bars from Poland: Notice of Intent to
                                                  Subject carbon and alloy forged steel                                                                      Participate,’’ dated June 12, 2018 (Poland NOITP).
                                               fittings are normally entered under                     FOR FURTHER INFORMATION CONTACT:                         4 See China NOITP at 1–2; Ukraine NOITP at 1–
                                               Harmonized Tariff Schedule of the United                Keith Haynes, AD/CVD Operations,                      2; Belarus NOITP at 1–2; Indonesia NOITP at 1–2;
                                               States (HTSUS) 7307.99.1000, 7307.99.3000,              Office III, Enforcement and Compliance,               Latvia NOITP at 1–2; Moldova NOITP at 1–2;
                                               7307.99.5045, and 7307.99.5060. They also               International Trade Administration,                   Poland NOITP at 1–2.
                                               may be entered under HTSUS 7307.92.3010,                U.S. Department of Commerce, 1401                        5 See letters from RTAC, ‘‘Steel Concrete

                                               7307.92.3030, 7307.92.9000, and                                                                               Reinforcing Bars from the People’s Republic of
                                                                                                       Constitution Avenue NW, Washington,                   China: Substantive Response to Notice of
                                               7326.19.0010. The HTSUS subheadings and
                                                                                                       DC 20230; telephone: (202) 482–5139.                  Initiation,’’ dated July 2, 2018 (China Substantive
                                               specifications are provided for convenience
                                                                                                       SUPPLEMENTARY INFORMATION:                            Response); ‘‘Steel Concrete Reinforcing Bars from
                                               and customs purposes; the written                                                                             Belarus: Substantive Response to Notice of
                                               description of the scope is dispositive.
                                                                                                       Background                                            Initiation,’’ dated July 2, 2018 (Belarus Substantive
                                                                                                                                                             Response); ‘‘Steel Concrete Reinforcing Bars from
                                               Appendix II                                               On June 1, 2018, Commerce published                 Indonesia: Substantive Response to Notice of
                                               List of Topics Discussed in the Issues and              the notice of initiation of the third                 Initiation,’’ dated July 2, 2018 (Indonesia
                                               Decision Memorandum                                     sunset reviews of the antidumping duty                Substantive Response); ‘‘Steel Concrete Reinforcing
                                                                                                                                                             Bars from Latvia: Substantive Response to Notice of
                                               I. Summary                                              Orders 1 on rebar from Belarus, China,                Initiation,’’ dated July 2, 2018 (Latvia Substantive
                                               II. Background                                                                                                Response); ‘‘Steel Concrete Reinforcing Bars from
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                                                                                                         1 See Antidumping Duty Orders: Steel Concrete       Moldova: Substantive Response to Notice of
                                               III. Use of Facts Otherwise Available and
                                                     Adverse Inferences                                Reinforcing Bars from Belarus, Indonesia, Latvia,     Initiation,’’ dated July 2, 2018 (Moldova Substantive
                                               IV. Subsidies Valuation                                 Moldova, People’s Republic of China, Poland,          Response); ‘‘Steel Concrete Reinforcing Bars from
                                                                                                       Republic of Korea and Ukraine, 66 FR 46777            Poland: Substantive Response to Notice of
                                               V. Analysis of Programs                                 (September 7, 2001) (collectively, Orders). On        Initiation,’’ dated July 2, 2018 (Poland Substantive
                                               VI. Analysis of Comments                                August 9, 2007, Commerce suspended the                Response); ‘‘Steel Concrete Reinforcing Bars from
                                                  Comment 1: Provision for Land for Less               antidumping duty investigation and signed a           Ukraine: Substantive Response to Notice of
                                                     Than Adequate Remuneration (LTAR):                suspension agreement on rebar from Korea. See         Initiation,’’ dated July 2, 2018 (Ukraine Substantive
                                                     Appropriate Benchmark                             Steel Concrete Reinforcing Bars from South Korea:     Response).



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Document Created: 2018-10-05 01:52:27
Document Modified: 2018-10-05 01:52:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable October 5, 2018.
ContactBrian Smith or Janae Martin, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1766 or (202) 482-0238, respectively.
FR Citation83 FR 50342 

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