83_FR_50539 83 FR 50345 - Forged Steel Fittings From Italy: Final Determination of Sales at Less Than Fair Value

83 FR 50345 - Forged Steel Fittings From Italy: Final Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

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

Page Range50345-50347
FR Document2018-21728

The Department of Commerce (Commerce) determines that imports of forged steel fittings from Italy are being, or are likely to be, sold in the United States at less than fair value (LTFV).

Federal Register, Volume 83 Issue 194 (Friday, October 5, 2018)
[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Notices]
[Pages 50345-50347]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21728]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-839]


Forged Steel Fittings From Italy: 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 Italy 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: Michael Bowen at (202) 482-0768 or 
Brian Smith at (202) 482-1766, 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\ 
As no interested party submitted comments, we have made no changes to 
the estimated weighted-average dumping margins determined in the 
Preliminary Determination.
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    \1\ See Forged Steel Fittings from Italy: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination and Extension of Provisional 
Measures, 83 FR 22954 (May 17, 2018) (Preliminary Determination), 
and accompanying Preliminary Decision Memorandum.
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Period of Investigation

    The period of investigation (POI) is October 1, 2016, through 
September 30, 2017.

Scope of the Investigation

    The products covered by this investigation are forged steel 
fittings from Italy. For a full description of the scope of this 
investigation, see the ``Scope of the Investigation,'' at the Appendix 
to this notice.

Scope Comments

    During the course of this investigation and the concurrent 
investigations of forged steel fittings from the People's Republic of 
China (China) and Taiwan, Commerce received numerous scope comments 
from interested parties. Commerce issued a Preliminary Scope Decision 
Memorandum \2\ and a Second Preliminary Scope Decision Memorandum \3\ 
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 
and Taiwan for consideration in the final determinations, and our 
accompanying discussion and analysis of them, see the Final Scope 
Decision Memorandum, issued July 23, 2018, concurrent with the final 
determination in the antidumping duty investigation of forged steel 
fittings from Taiwan.\4\
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    \2\ See Memorandum, ``Scope Comments Decision Memorandum for the 
Preliminary Determinations,'' dated March 7, 2018 (Preliminary Scope 
Decision Memorandum).
    \3\ See Memorandum, ``Second Preliminary Scope Decision 
Memorandum,'' dated May 17, 2018 (Second Preliminary Scope Decision 
Memorandum).
    \4\ 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 stated in the Preliminary Decision Memorandum, Officine Nicola 
Galperti

[[Page 50346]]

e Figlio S.p.A. (Galperti) and Pegasus S.R.L. (Pegasus) each claimed 
that it did not produce or export to the United States forged steel 
fittings from Italy during the POI.\5\ Pursuant to section 782(i) of 
the Tariff Act of 1930, as amended (the Act), on July 19-23, 2018, we 
conducted verification of these companies' claims using standard 
verification procedures, including an examination of relevant 
accounting records and original source documents. As a result of the 
verification, we confirmed that neither Galperti nor Pegasus produced 
or sold subject merchandise during the POI.\6\ As explained further 
below, mandatory respondents, M.E.G.A. S.p.A. (MEGA) and I.M.L. 
Industria Meccanica Ligure S.p.A. (IML), withdrew from participation in 
the investigation; therefore, we did not verify the information on the 
record with respect to either company.\7\
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    \5\ See Preliminary Decision Memorandum at 5.
    \6\ See Memorandum, ``Verification of Officine Nicola Galperti e 
Figlio S.p.A.,'' and Memorandum, ``Verification of Pegasus S.R.L.,'' 
both dated August 27, 2018.
    \7\ See Letter from MEGA, ``Forged Steel Fittings from Italy: 
Notice of M.E.G.A. S.p.A. Declining Participation in On-Site 
Verification,'' dated July 2, 2018 (MEGA's Notice of Non-
Participation); and Letter from IML, ``I.M.L. S.p.A. Italy will not 
participate,'' dated April 18, 2018 (IML's Notice of Non-
Participation).
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Use of Adverse Facts Available

    In the Preliminary Determination, we based the estimated weighted-
average dumping margins for both MEGA and IML on facts available with 
an adverse inference (AFA), pursuant to sections 776(a)(1), 
776(a)(2)(A)-(C), and 776(b) of the Act, because those respondents 
failed to cooperate to the best of their ability in responding to our 
requests for information.\8\ Specifically, MEGA failed to respond fully 
to our requests for information regarding its reported cost 
reconciliation,\9\ and IML submitted a notice of non-participation 
after failing to submit sections B, C, D, and supplemental section A 
questionnaire responses.\10\ As stated in the Preliminary 
Determination, we provided MEGA an opportunity to remedy its deficient 
cost reporting, and upon receiving a complete supplemental 
questionnaire response, we notified MEGA that we intended to verify 
MEGA's information.\11\ However, MEGA subsequently filed a letter 
declining participation in the intended on-site verification.\12\
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    \8\ See Preliminary Decision Memorandum at 5.
    \9\ Id. at 7-8.
    \10\ Id. at 8-9. See also IML's Notice of Non-Participation.
    \11\ See Preliminary Determination at 83 FR 22955.
    \12\ See MEGA's Notice of Non-Participation.
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    No parties filed comments on our Preliminary Determination with 
respect to MEGA and IML, and there is no new information on the record 
that would cause us to reverse our preliminary AFA determination. With 
respect to MEGA, in the Preliminary Determination, we relied on 
sections 776(a)(1) and 776(a)(2)(A)-(B) of the Act because MEGA had, at 
that point, failed to provide an adequate cost reconciliation in 
response to our requests for such information. After the Preliminary 
Determination, as explained above, MEGA provided adequate responses to 
our requests for information for its cost reconciliation, but then 
refused to participate in verification.\13\ In light of MEGA's refusal 
to participate in verification, we now determine that selection from 
among the facts otherwise available is warranted under section 
776(a)(2)(C) of the Act, because MEGA significantly impeded the 
proceeding by refusing to participate in verification, and section 
776(a)(2)(D) of the Act, because MEGA provided information that could 
not be verified.
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    \13\ Id.
---------------------------------------------------------------------------

    Our finding with respect to IML remains the same as in the 
Preliminary Determination. No changes have been made to the record 
since the Preliminary Determination with regards to IML.
    Accordingly, we continue to find that the use of an adverse 
inference in selecting from among the facts otherwise available 
pursuant to sections 776(a) and (b) of the Act is warranted with 
respect to MEGA and IML, because MEGA and IML have failed to cooperate 
by not acting to the best of their ability to comply with our requests 
for information by withdrawing from participation in the investigation. 
In selecting an appropriate AFA rate, we continue to assign to MEGA's 
and IML's entries of subject merchandise the highest dumping margin 
alleged in the Petition, 80.20 percent,\14\ which has been corroborated 
to the extent practicable within the meaning of section 776(c) of the 
Act.\15\
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    \14\ See Petitions for the Imposition of Antidumping and 
Countervailing Duties: Forged Steel Fittings from the People's 
Republic of China, Italy, and Taiwan, Volume IV, dated October 5, 
2017 (Petition); see also Letter from the petitioners, ``Response to 
Second Supplemental Question,'' dated October 17, 2017 (Petition 
Amendment) at Exhibit IV-18; and Memorandum, ``Antidumping Duty 
Investigation Initiation Checklist: Forged Steel Fittings from 
Italy; A-475-839,'' dated October 25, 2017 (Initiation Checklist) at 
9.
    \15\ See Preliminary Decision Memorandum at 10-11.
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All-Others Rate

    As discussed in the Preliminary Determination, we assigned the 
simple average of the dumping margins alleged in the Petition, 49.43 
percent,\16\ as the ``All-Others'' rate, in accordance with section 
735(c)(5)(B) of the Act. We made no changes to the selection of this 
rate for this final determination.
---------------------------------------------------------------------------

    \16\ See Petition and Petition Amendment; see also Preliminary 
Decision Memorandum at 11-12.
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Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                    Estimated weighted-
                Exporter/producer                     average dumping
                                                      margin (percent)
------------------------------------------------------------------------
M.E.G.A. S.p.A...................................                  80.20
I.M.L. Industria Meccanica Ligure S.p.A..........                  80.20
All-Others.......................................                  49.43
------------------------------------------------------------------------

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 Italy, as described in the Appendix to 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.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), we will instruct CBP to require a cash deposit for such 
entries of merchandise equal to the estimated weighted-average dumping 
margin as follows: (1) The cash deposit rate for the respondents listed 
above will be equal to the respondent-specific estimated weighted-
average dumping margin determined in this final determination; (2) if 
the exporter is not a respondent identified above but the producer is, 
then the cash deposit rate will be equal to the respondent-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin.

Disclosure

    The estimated weighted-average dumping margins determined in this 
investigation are based on AFA. As these estimated weighted-average

[[Page 50347]]

dumping margins are based on the rates calculated in the Petition 
Amendment, and because we made no changes to these rates since the 
Preliminary Determination, no disclosure of calculations is necessary 
for this final determination.

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 parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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

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) 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.

[FR Doc. 2018-21728 Filed 10-4-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                              Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices                                                   50345

                                               Indonesia, Latvia, Moldova, Poland, and                 average dumping margins up to 114.53                  Preliminary Determination and invited
                                               Ukraine.6                                               percent for Belarus, 133.00 percent for               interested parties to comment.1 As no
                                                 The products covered by the Orders                    China, 71.01 percent for Indonesia,                   interested party submitted comments,
                                               are all steel concrete reinforcing bars                 16.99 percent for Latvia, 232.86 percent              we have made no changes to the
                                               sold in straight lengths, currently                     for Moldova, 52.07 percent for Poland,                estimated weighted-average dumping
                                               classifiable in the Harmonized Tariff                   and 41.69 percent for Ukraine.                        margins determined in the Preliminary
                                               Schedule of the United States (HTSUS)                                                                         Determination.
                                                                                                       Notification Regarding Administrative
                                               under item numbers 7214.20.00,                          Protective Order                                      Period of Investigation
                                               7228.30.8050, 7222.11.0050,
                                               7222.30.0000, 7228.60.6000,                               This notice also serves as the only                   The period of investigation (POI) is
                                               7228.20.1000, or any other tariff item                  reminder to parties’ subject to                       October 1, 2016, through September 30,
                                               number. Specifically excluded are plain                 administrative protective order (APO) of              2017.
                                               rounds (i.e., non-deformed or smooth                    their responsibility concerning the
                                                                                                                                                             Scope of the Investigation
                                               bars) and rebar that has been further                   return or destruction of proprietary
                                               processed through bending or coating.                   information disclosed under APO in                       The products covered by this
                                                 HTSUS subheadings are provided for                    accordance with 19 CFR 351.305.                       investigation are forged steel fittings
                                               convenience and customs purposes. The                   Timely notification of the return or                  from Italy. For a full description of the
                                               written description of the scope of the                 destruction of APO materials or                       scope of this investigation, see the
                                               orders is dispositive.                                  conversion to judicial protective order is            ‘‘Scope of the Investigation,’’ at the
                                                                                                       hereby requested. Failure to comply                   Appendix to this notice.
                                               Analysis of Comments Received                           with the regulations and terms of an                  Scope Comments
                                                  All issues raised in these sunset                    APO is a violation which is subject to
                                                                                                       sanction.                                                During the course of this investigation
                                               reviews, including the likelihood of                                                                          and the concurrent investigations of
                                               continuation or recurrence of dumping                     We are issuing and publishing these
                                                                                                       results and notice in accordance with                 forged steel fittings from the People’s
                                               and the magnitude of the margins likely                                                                       Republic of China (China) and Taiwan,
                                               to prevail if the Orders were revoked,                  sections 751(c), 752(c), and 777(i)(1) of
                                                                                                       the Act and 19 CR 351.218.                            Commerce received numerous scope
                                               are addressed in the Issues and Decision                                                                      comments from interested parties.
                                               Memorandum, dated concurrently with                       Dated: October 1, 2018.
                                                                                                                                                             Commerce issued a Preliminary Scope
                                               and hereby adopted by this notice.7 The                 Gary Taverman,
                                                                                                                                                             Decision Memorandum 2 and a Second
                                               Issues and Decision Memorandum is a                     Deputy Assistant Secretary for Antidumping
                                                                                                                                                             Preliminary Scope Decision
                                               public document and is on file                          and Countervailing Duty Operations,
                                                                                                       performing the non-exclusive functions and            Memorandum 3 to address these
                                               electronically via Enforcement and
                                                                                                       duties of the Assistant Secretary for                 comments. For a summary of the
                                               Compliance’s Antidumping and
                                                                                                       Enforcement and Compliance.                           product coverage comments and
                                               Countervailing Duty Centralized
                                                                                                       [FR Doc. 2018–21731 Filed 10–4–18; 8:45 am]           rebuttals submitted to the records of this
                                               Electronic Service System (ACCESS).
                                                                                                                                                             investigation and the concurrent
                                               ACCESS is available to registered users                 BILLING CODE 3510–DS–P
                                                                                                                                                             investigations of forged steel fittings
                                               at https://access.trade.gov and to all
                                                                                                                                                             from China and Taiwan for
                                               parties in the Central Records Unit,
                                                                                                       DEPARTMENT OF COMMERCE                                consideration in the final
                                               Room B8024 of the main Department of
                                                                                                                                                             determinations, and our accompanying
                                               Commerce building. In addition, a                       International Trade Administration                    discussion and analysis of them, see the
                                               complete version of the Issues and
                                                                                                       [A–475–839]                                           Final Scope Decision Memorandum,
                                               Decision Memorandum can be accessed
                                                                                                                                                             issued July 23, 2018, concurrent with
                                               at http://enforcement.trade.gov/frn/.
                                                                                                       Forged Steel Fittings From Italy: Final               the final determination in the
                                               The signed Issues and Decision
                                                                                                       Determination of Sales at Less Than                   antidumping duty investigation of
                                               Memorandum and the electronic
                                                                                                       Fair Value                                            forged steel fittings from Taiwan.4
                                               version of the Issues and Decision
                                               Memorandum are identical in content.                    AGENCY:   Enforcement and Compliance,                 Verification
                                               Final Results of Reviews                                International Trade Administration,                     As stated in the Preliminary Decision
                                                                                                       Department of Commerce.                               Memorandum, Officine Nicola Galperti
                                                  Pursuant to section 751(c)(1) and                    SUMMARY: The Department of Commerce
                                               752(c)(1) and (3) of the Act, we                        (Commerce) determines that imports of                   1 See Forged Steel Fittings from Italy: Preliminary
                                               determine that revocation of the Orders                 forged steel fittings from Italy are being,           Affirmative Determination of Sales at Less Than
                                               would be likely to lead to continuation                 or are likely to be, sold in the United               Fair Value, Postponement of Final Determination
                                               or recurrence of dumping, and that the                                                                        and Extension of Provisional Measures, 83 FR
                                                                                                       States at less than fair value (LTFV).                22954 (May 17, 2018) (Preliminary Determination),
                                               magnitude of the dumping margins                        DATES: Applicable October 5, 2018.                    and accompanying Preliminary Decision
                                               likely to prevail would be weighted-                                                                          Memorandum.
                                                                                                       FOR FURTHER INFORMATION CONTACT:                        2 See Memorandum, ‘‘Scope Comments Decision
                                                  6 See Steel Concrete Reinforcing Bars from
                                                                                                       Michael Bowen at (202) 482–0768 or                    Memorandum for the Preliminary Determinations,’’
                                               Belarus, Indonesia, Latvia, Moldova, Poland, the        Brian Smith at (202) 482–1766, AD/CVD                 dated March 7, 2018 (Preliminary Scope Decision
                                               People’s Republic of China, and Ukraine:                Operations, Office VIII, Enforcement                  Memorandum).
                                               Continuation of Antidumping Duty Orders, 78 FR          and Compliance, International Trade                     3 See Memorandum, ‘‘Second Preliminary Scope

                                               43858 (July 22, 2012) (Second Sunset Continuation                                                             Decision Memorandum,’’ dated May 17, 2018
                                                                                                       Administration, U.S. Department of
daltland on DSKBBV9HB2PROD with NOTICES




                                               Order).                                                                                                       (Second Preliminary Scope Decision
                                                  7 See Commerce’s memorandum, ‘‘Issues and            Commerce, 1401 Constitution Avenue                    Memorandum).
                                               Decision Memorandum for the Final Results of the        NW, Washington, DC 20230.                               4 See Memorandum, ‘‘Forged Steel Fittings from

                                               Expedited Third Sunset Reviews of the                   SUPPLEMENTARY INFORMATION:                            China, Italy and Taiwan: Final Scope Determination
                                               Antidumping Duty Orders on Steel concrete                                                                     Decision Memorandum,’’ dated July 23, 2018 (Final
                                               reinforcing bars from the People’s Republic of          Background                                            Scope Decision Memorandum); see also,
                                               Belarus, China, Indonesia, Latvia, Moldova, Poland,                                                           Memorandum to the File, ‘‘Placing Carbon Steel
                                               and Ukraine,’’ dated concurrently with this notice        On May 17, 2018, Commerce                           Butt Weld Pipe Fitting Scope Information Ruling on
                                               (Issues and Decision Memorandum).                       published in the Federal Register the                 the Record,’’ dated September 19, 2018.



                                          VerDate Sep<11>2014   17:11 Oct 04, 2018   Jkt 247001   PO 00000   Frm 00015   Fmt 4703   Sfmt 4703   E:\FR\FM\05OCN1.SGM   05OCN1


                                               50346                           Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices

                                               e Figlio S.p.A. (Galperti) and Pegasus                     No parties filed comments on our                       average of the dumping margins alleged
                                               S.R.L. (Pegasus) each claimed that it did                Preliminary Determination with respect                   in the Petition, 49.43 percent,16 as the
                                               not produce or export to the United                      to MEGA and IML, and there is no new                     ‘‘All-Others’’ rate, in accordance with
                                               States forged steel fittings from Italy                  information on the record that would                     section 735(c)(5)(B) of the Act. We made
                                               during the POI.5 Pursuant to section                     cause us to reverse our preliminary AFA                  no changes to the selection of this rate
                                               782(i) of the Tariff Act of 1930, as                     determination. With respect to MEGA,                     for this final determination.
                                               amended (the Act), on July 19–23, 2018,                  in the Preliminary Determination, we
                                               we conducted verification of these                                                                                Final Determination
                                                                                                        relied on sections 776(a)(1) and
                                               companies’ claims using standard                         776(a)(2)(A)–(B) of the Act because                        The final estimated weighted-average
                                               verification procedures, including an                    MEGA had, at that point, failed to                       dumping margins are as follows:
                                               examination of relevant accounting                       provide an adequate cost reconciliation
                                               records and original source documents.                   in response to our requests for such                                                     Estimated
                                               As a result of the verification, we                                                                                                               weighted-
                                                                                                        information. After the Preliminary                                                        average
                                               confirmed that neither Galperti nor                      Determination, as explained above,                        Exporter/producer              dumping
                                               Pegasus produced or sold subject                         MEGA provided adequate responses to                                                        margin
                                               merchandise during the POI.6 As                          our requests for information for its cost                                                (percent)
                                               explained further below, mandatory                       reconciliation, but then refused to
                                               respondents, M.E.G.A. S.p.A. (MEGA)                                                                               M.E.G.A. S.p.A .......                      80.20
                                                                                                        participate in verification.13 In light of               I.M.L. Industria
                                               and I.M.L. Industria Meccanica Ligure                    MEGA’s refusal to participate in                            Meccanica Ligure
                                               S.p.A. (IML), withdrew from                              verification, we now determine that                         S.p.A ...................                80.20
                                               participation in the investigation;                      selection from among the facts                           All-Others ................                 49.43
                                               therefore, we did not verify the                         otherwise available is warranted under
                                               information on the record with respect                   section 776(a)(2)(C) of the Act, because                 Continuation of Suspension of
                                               to either company.7                                      MEGA significantly impeded the                           Liquidation
                                               Use of Adverse Facts Available                           proceeding by refusing to participate in
                                                                                                                                                                    In accordance with section
                                                                                                        verification, and section 776(a)(2)(D) of
                                                  In the Preliminary Determination, we                                                                           735(c)(1)(B) of the Act, for this final
                                                                                                        the Act, because MEGA provided
                                               based the estimated weighted-average                                                                              determination, we will direct U.S.
                                                                                                        information that could not be verified.
                                               dumping margins for both MEGA and                          Our finding with respect to IML                        Customs and Border Protection (CBP) to
                                               IML on facts available with an adverse                   remains the same as in the Preliminary                   continue to suspend liquidation of all
                                               inference (AFA), pursuant to sections                    Determination. No changes have been                      entries of forged steel fittings from Italy,
                                               776(a)(1), 776(a)(2)(A)–(C), and 776(b) of               made to the record since the Preliminary                 as described in the Appendix to this
                                               the Act, because those respondents                       Determination with regards to IML.                       notice, which are entered, or withdrawn
                                               failed to cooperate to the best of their                   Accordingly, we continue to find that                  from warehouse, for consumption on or
                                               ability in responding to our requests for                the use of an adverse inference in                       after May 17, 2018, the date of
                                               information.8 Specifically, MEGA failed                  selecting from among the facts                           publication in the Federal Register of
                                               to respond fully to our requests for                     otherwise available pursuant to sections                 the affirmative Preliminary
                                               information regarding its reported cost                  776(a) and (b) of the Act is warranted                   Determination.
                                               reconciliation,9 and IML submitted a                     with respect to MEGA and IML, because                       Pursuant to section 735(c)(1)(B)(ii) of
                                               notice of non-participation after failing                MEGA and IML have failed to cooperate                    the Act and 19 CFR 351.210(d), we will
                                               to submit sections B, C, D, and                          by not acting to the best of their ability               instruct CBP to require a cash deposit
                                               supplemental section A questionnaire                     to comply with our requests for                          for such entries of merchandise equal to
                                               responses.10 As stated in the                            information by withdrawing from                          the estimated weighted-average
                                               Preliminary Determination, we provided                   participation in the investigation. In                   dumping margin as follows: (1) The
                                               MEGA an opportunity to remedy its                        selecting an appropriate AFA rate, we                    cash deposit rate for the respondents
                                               deficient cost reporting, and upon                                                                                listed above will be equal to the
                                                                                                        continue to assign to MEGA’s and IML’s
                                               receiving a complete supplemental                                                                                 respondent-specific estimated weighted-
                                                                                                        entries of subject merchandise the
                                               questionnaire response, we notified                                                                               average dumping margin determined in
                                                                                                        highest dumping margin alleged in the
                                               MEGA that we intended to verify                                                                                   this final determination; (2) if the
                                                                                                        Petition, 80.20 percent,14 which has
                                               MEGA’s information.11 However, MEGA                                                                               exporter is not a respondent identified
                                                                                                        been corroborated to the extent
                                               subsequently filed a letter declining                                                                             above but the producer is, then the cash
                                                                                                        practicable within the meaning of
                                               participation in the intended on-site                                                                             deposit rate will be equal to the
                                                                                                        section 776(c) of the Act.15
                                               verification.12                                                                                                   respondent-specific estimated weighted-
                                                                                                        All-Others Rate                                          average dumping margin established for
                                                 5 See   Preliminary Decision Memorandum at 5.
                                                  6 See Memorandum, ‘‘Verification of Officine
                                                                                                          As discussed in the Preliminary                        that producer of the subject
                                               Nicola Galperti e Figlio S.p.A.,’’ and Memorandum,       Determination, we assigned the simple                    merchandise; and (3) the cash deposit
                                               ‘‘Verification of Pegasus S.R.L.,’’ both dated August                                                             rate for all other producers and
                                               27, 2018.                                                  13 Id.                                                 exporters will be equal to the all-others
                                                  7 See Letter from MEGA, ‘‘Forged Steel Fittings          14 See Petitions for the Imposition of                estimated weighted-average dumping
                                               from Italy: Notice of M.E.G.A. S.p.A. Declining          Antidumping and Countervailing Duties: Forged
                                               Participation in On-Site Verification,’’ dated July 2,
                                                                                                                                                                 margin.
                                                                                                        Steel Fittings from the People’s Republic of China,
                                               2018 (MEGA’s Notice of Non-Participation); and           Italy, and Taiwan, Volume IV, dated October 5,           Disclosure
                                               Letter from IML, ‘‘I.M.L. S.p.A. Italy will not
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                                                                                                        2017 (Petition); see also Letter from the petitioners,
                                               participate,’’ dated April 18, 2018 (IML’s Notice of     ‘‘Response to Second Supplemental Question,’’              The estimated weighted-average
                                               Non-Participation).
                                                  8 See Preliminary Decision Memorandum at 5.
                                                                                                        dated October 17, 2017 (Petition Amendment) at           dumping margins determined in this
                                                                                                        Exhibit IV–18; and Memorandum, ‘‘Antidumping             investigation are based on AFA. As
                                                  9 Id. at 7–8.
                                                                                                        Duty Investigation Initiation Checklist: Forged Steel
                                                  10 Id. at 8–9. See also IML’s Notice of Non-          Fittings from Italy; A–475–839,’’ dated October 25,      these estimated weighted-average
                                               Participation.                                           2017 (Initiation Checklist) at 9.
                                                  11 See Preliminary Determination at 83 FR 22955.         15 See Preliminary Decision Memorandum at               16 See Petition and Petition Amendment; see also
                                                  12 See MEGA’s Notice of Non-Participation.            10–11.                                                   Preliminary Decision Memorandum at 11–12.



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                                                                              Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices                                                50347

                                               dumping margins are based on the rates                    Dated: October 1, 2018.                             documentation showing product compliance
                                               calculated in the Petition Amendment,                   Gary Taverman,                                        to the applicable standard or pressure, e.g.,
                                                                                                                                                             ‘‘API 5CT’’ mark and/or a mill certification
                                               and because we made no changes to                       Deputy Assistant Secretary for Antidumping
                                                                                                                                                             report.
                                               these rates since the Preliminary                       and Countervailing Duty Operations,
                                                                                                                                                                Subject carbon and alloy forged steel
                                               Determination, no disclosure of                         performing the non-exclusive functions and
                                                                                                                                                             fittings are normally entered under
                                                                                                       duties of the Assistant Secretary for
                                               calculations is necessary for this final                                                                      Harmonized Tariff Schedule of the United
                                                                                                       Enforcement and Compliance.
                                               determination.                                                                                                States (HTSUS) 7307.99.1000, 7307.99.3000,
                                                                                                       Appendix                                              7307.99.5045, and 7307.99.5060. They also
                                               International Trade Commission                                                                                may be entered under HTSUS 7307.92.3010,
                                               Notification                                            Scope of the Investigation                            7307.92.3030, 7307.92.9000, and
                                                                                                          The merchandise covered by this                    7326.19.0010. The HTSUS subheadings and
                                                  In accordance with section 735(d) of                 investigation is carbon and alloy forged steel        specifications are provided for convenience
                                               the Act, we will notify the International               fittings, whether unfinished (commonly                and customs purposes; the written
                                               Trade Commission (ITC) of the final                     known as blanks or rough forgings) or                 description of the scope is dispositive.
                                               affirmative determination of sales at                   finished. Such fittings are made in a variety         [FR Doc. 2018–21728 Filed 10–4–18; 8:45 am]
                                                                                                       of shapes including, but not limited to,
                                               LTFV. Because Commerce’s final                          elbows, tees, crosses, laterals, couplings,           BILLING CODE 3510–DS–P
                                               determination is affirmative, in                        reducers, caps, plugs, bushings, unions, and
                                               accordance with section 735(b)(2) of the                outlets. Forged steel fittings are covered
                                               Act, the ITC will make its final                        regardless of end finish, whether threaded,           COMMITTEE FOR PURCHASE FROM
                                               determination as to whether the                         socket-weld or other end connections.                 PEOPLE WHO ARE BLIND OR
                                                                                                          While these fittings are generally                 SEVERELY DISABLED
                                               domestic industry in the United States
                                                                                                       manufactured to specifications ASME
                                               is materially injured, or threatened with               B16.11, MSS SP–79, MSS SP–83, MSS SP–
                                               material injury, by reason of imports or                                                                      Procurement List; Proposed Additions
                                                                                                       97, ASTM A105, ASTM A350, and ASTM
                                               sales (or the likelihood of sales) for                                                                        and Deletions
                                                                                                       A182, the scope is not limited to fittings
                                               importation of forged steel fittings, no                made to these specifications.                         AGENCY:  Committee for Purchase From
                                               later than 45 days after this final                        The term forged is an industry term used           People Who Are Blind or Severely
                                                                                                       to describe a class of products included in           Disabled.
                                               determination. If the ITC determines
                                                                                                       applicable standards, and does not reference
                                               that such injury does not exist, this                   an exclusive manufacturing process. Forged            ACTION: Proposed Additions to and
                                               proceeding will be terminated and all                   steel fittings are not manufactured from              Deletions from the Procurement List.
                                               cash deposits posted will be refunded.                  casting. Pursuant to the applicable
                                               If the ITC determines that such injury                  specifications, subject fittings may also be          SUMMARY:   The Committee is proposing
                                                                                                       machined from bar stock or machined from              to add products to the Procurement List
                                               does exist, Commerce will issue an
                                                                                                       seamless pipe and tube.                               that will be furnished by nonprofit
                                               antidumping duty order directing CBP
                                                                                                          All types of fittings are included in the          agency employing persons who are
                                               to assess, upon further instruction by                  scope regardless of nominal pipe size (which          blind or have other severe disabilities,
                                               Commerce, antidumping duties on all                     may or may not be expressed in inches of              and deletes products previously
                                               imports of the subject merchandise                      nominal pipe size), pressure rating (usually,         furnished by such agencies.
                                               entered, or withdrawn from warehouse,                   but not necessarily expressed in pounds of
                                                                                                       pressure/PSI, e.g., 2,000 or 2M; 3,000 or 3M;         DATES: Comments must be received on
                                               for consumption on or after the effective                                                                     or before: November 4, 2018.
                                                                                                       6,000 or 6M; 9,000 or 9M), wall thickness,
                                               date of the suspension of liquidation, as
                                                                                                       and whether or not heat treated.                      ADDRESSES: Committee for Purchase
                                               discussed above in the ‘‘Continuation of                   Excluded from this scope are all fittings          From People Who Are Blind or Severely
                                               Suspension of Liquidation’’ section.                    entirely made of stainless steel. Also                Disabled, 1401 S. Clark Street, Suite
                                                                                                       excluded are flanges, butt weld fittings, butt        715, Arlington, Virginia, 22202–4149.
                                               Notification Regarding Administrative                   weld outlets, nipples, and all fittings that
                                               Protective Orders                                       have a maximum pressure rating of 300                 FOR FURTHER INFORMATION CONTACT: For
                                                                                                       pounds of pressure/PSI or less.                       further information or to submit
                                                  This notice will serve as a reminder                    Also excluded are fittings certified or made       comments contact: Michael R.
                                               to parties subject to an administrative                 to the following standards, so long as the            Jurkowski, Telephone: (703) 603–2117,
                                               protective order (APO) of their                         fittings are not also manufactured to the             Fax: (703) 603–0655, or email
                                               responsibility concerning the                           specifications of ASME B16.11, MSS SP–79,             CMTEFedReg@AbilityOne.gov.
                                               disposition of proprietary information                  MSS SP–83, MSS SP–97, ASTM A105,
                                                                                                                                                             SUPPLEMENTARY INFORMATION: This
                                                                                                       ASTM A350, and ASTM A182:
                                               disclosed under APO in accordance                                                                             notice is published pursuant to 41
                                                                                                       • American Petroleum Institute (API) API
                                               with 19 CFR 351.305(a)(3). Timely                          5CT, API 5L, or API 11B                            U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its
                                               written notification of return or                       • Society of Automotive Engineering (SAE)             purpose is to provide interested persons
                                               destruction of APO materials, or                           SAE J476, SAE J514, SAE J516, SAE J517,            an opportunity to submit comments on
                                               conversion to judicial protective order,                   SAE J518, SAE J1026, SAE J1231, SAE                the proposed actions.
                                               is hereby requested. Failure to comply                     J1453, SAE J1926, J2044 or SAE AS 35411
                                                                                                       • Underwriter’s Laboratories (UL) certified           Additions
                                               with the regulations and terms of an
                                                                                                          electrical conduit fittings                           If the Committee approves the
                                               APO is a sanctionable violation.                        • ASTM A153, A536, A576, or A865                      proposed additions, the entities of the
                                               Notification to Interested Parties                      • Casing Conductor Connectors 16–42 inches            Federal Government identified in this
                                                                                                          in diameter made to proprietary
                                                                                                                                                             notice will be required to procure the
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                                                 This determination is issued and                         specifications
                                                                                                       • Military Specification (MIL) MIL–C–4109F            products listed below from nonprofit
                                               published in accordance with sections                                                                         agency employing persons who are
                                                                                                          and MIL–F–3541
                                               735(d) and 777(i)(1) of the Act and 19                  • International Organization for                      blind or have other severe disabilities.
                                               CFR 351.210(c).                                            Standardization (ISO) ISO6150–B                    The following products are proposed for
                                                                                                          To be excluded from the scope, products            addition to the Procurement List for
                                                                                                       must have the appropriate standard or                 production by the nonprofit agencies
                                                                                                       pressure markings and/or accompanied by               listed:


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Document Created: 2018-10-05 01:53:09
Document Modified: 2018-10-05 01:53:09
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.
ContactMichael Bowen at (202) 482-0768 or Brian Smith at (202) 482-1766, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
FR Citation83 FR 50345 

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