83_FR_51090 83 FR 50894 - Stainless Steel Butt-Weld Pipe Fittings From the Philippines: Final Results of Changed Circumstances Review

83 FR 50894 - Stainless Steel Butt-Weld Pipe Fittings From the Philippines: Final Results of Changed Circumstances Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 196 (October 10, 2018)

Page Range50894-50896
FR Document2018-21983

The Department of Commerce (Commerce) finds that Enlin Steel Corporation (Enlin), Vinox Corporation (aka Vinoc Corporation) (Vinox) and E N Corporation should be treated as a single entity for purposes of cash deposit and liquidation rates.

Federal Register, Volume 83 Issue 196 (Wednesday, October 10, 2018)
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)]
[Notices]
[Pages 50894-50896]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21983]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-565-801]


Stainless Steel Butt-Weld Pipe Fittings From the Philippines: 
Final Results of Changed Circumstances Review

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

SUMMARY: The Department of Commerce (Commerce) finds that Enlin Steel 
Corporation (Enlin), Vinox Corporation (aka Vinoc Corporation) (Vinox) 
and E N Corporation should be treated as a

[[Page 50895]]

single entity for purposes of cash deposit and liquidation rates.

DATES: Applicable October 10, 2018.

FOR FURTHER INFORMATION CONTACT: Julie Geiger or Fred Baker, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2057 or (202) 482-2924, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 23, 2001, Commerce published the antidumping duty (AD) 
order on stainless steel butt-weld pipe fittings (pipe fittings) from 
the Philippines.\1\ On May 24, 2018, Core Pipe Products, Inc., Shaw 
Alloy Piping Products, Inc., and Taylor Forge Stainless, Inc. 
(collectively, the petitioners) requested that Commerce conduct a CCR 
pursuant to 751(b) of the Tariff Act of 1930, as amended (the Act) and 
19 CFR 351.216(b).\2\
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    \1\ See Antidumping Duty Orders: Stainless Steel Butt-Weld Pipe 
Fittings from Italy, Malaysia, and the Philippines, 66 FR 11257 
(February 23, 2001) (the Order).
    \2\ See Petitioners' Letter, ``Stainless Steel Butt-Weld Pipe 
Fittings from the Philippines--Petitioners' Request for Initiation 
of Changed Circumstances Review,'' dated May 24, 2018 (Review 
Request).
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    The petitioners alleged in their request that Enlin had been 
shipping subject merchandise to the United States at the ``all-others'' 
antidumping duty cash deposit rate in effect for Enlin's affiliates 
Vinox and E N Corporation, rather than at the company-specific rate of 
33.81 percent established for Enlin in the less-than-fair-value (LTFV) 
investigation. The petitioners also alleged that Vinox and E N 
Corporation were, and are currently, the same business entity as Enlin. 
The petitioners, therefore, requested that Commerce conduct a CCR to 
determine that Enlin, Vinox, and E N Corporation are affiliated 
companies that should be treated as a single entity. They also 
requested that Commerce notify U.S. Customs and Border Protection (CBP) 
that it should impose and collect antidumping duty deposits on all 
unliquidated entries made by Vinox and E N Corporation at Enlin's 33.81 
percent rate. The petitioners submitted a supplement to their request 
on May 31, 2018.\3\ Enlin filed a letter objecting to the petitioners' 
request for a CCR on June 26, 2018.\4\ The petitioners filed a response 
to Enlin's letter on June 26, 2018.\5\ On July 5, 2018, we extended the 
deadline for initiating the CCR,\6\ and published the initiation of 
this CCR on August 14, 2018.\7\
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    \3\ See Petitioners' Letter, ``Stainless Steel Butt-Weld Pipe 
Fittings from the Philippines--Petitioners' Supplement to Changed 
Circumstances Review Request,'' dated May 31, 2018 (Request 
Supplement).
    \4\ See Enlin's Letter, dated June 26, 2018.
    \5\ See Petitioners' Letter, ``Antidumping Duty Order on 
Stainless Steel Butt-Weld Pipe Fittings from the Philippines--
Petitioners' Rebuttal to Respondents' Opposition to Changed 
Circumstances Review Request,'' dated June 26, 2018.
    \6\ See Commerce's Letter, ``Stainless Steel Butt-Weld Pipe 
Fittings from the Philippines: Extension of Time for Changed 
Circumstances Review Initiation Decision,'' dated July 5, 2018.
    \7\ See Stainless Steel Butt-Weld Pipe Fittings from the 
Philippines: Initiation of Antidumping Duty Changed Circumstances 
Review, 83 FR 40227 (August 14, 2018) (Initiation Notice).
---------------------------------------------------------------------------

    On August 20, 2018, we issued a questionnaire to Enlin, requesting 
further information about its relationship with Vinox and E N 
Corporation.\8\ On September 3, 2018, Enlin filed a response,\9\ 
stating that it agreed with the petitioners' requests that: (1) Enlin, 
Vinox, and E N Corporation should be treated as the same entity 
pursuant to 19 CFR 351.401(f); and (2) Commerce should instruct CBP to 
``impose and collect antidumping duty deposits on all unliquidated 
entries made by Vinox and E N Corp{oration{time} '' of pipe fittings at 
the 33.81 percent cash deposit rate ``previously established for Enlin 
on their shipments of subject merchandise from the Philippines.'' \10\ 
Due to the complexities of this proceeding, we extended the deadline 
for issuing the final results of this changed circumstances review by 
an additional eleven days, until October 1, 2018, and later by an 
additional eight days, until October 9, 2018.\11\ On September 24, 
2018, the petitioners filed a response to Enlin's questionnaire 
response, urging Commerce to apply the 33.81 percent cash deposit rate 
retroactively to all unliquidated entries made by Vinox and E N 
Corporation.\12\
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    \8\ See Commerce's Letter, ``Stainless Steel Butt-Weld Pipe 
Fittings from the Philippines: Antidumping Duty Changed 
Circumstances Review Questionnaire,'' dated August 20, 2018.
    \9\ See Enlin's Letter, ``Stainless Steel Butt-Weld Pipe 
Fittings from the Philippines: Questionnaire Response,'' dated 
September 3, 2018 (Questionnaire Response).
    \10\ See Review Request at 2 and 5; see also Request Supplement 
at 1, 2, and 4.
    \11\ See Memorandum, ``Stainless Steel Butt-Weld Pipe Fittings 
from the Philippines: Extension of Deadline for Final Results of 
Antidumping Duty Changed Circumstances Review,'' dated September 20, 
2018, and Memorandum ``Stainless Steel Butt-Weld Pipe Fittings from 
the Philippines: Extension of Deadline for Final Results of 
Antidumping Duty Changed Circumstances Review,'' dated October 1, 
2018.
    \12\ See Petitioners' Letter, ``Stainless Steel Butt-Weld Pine 
Fittings from the Philippines: Petitioners' Response to Enlin's 
Questionnaire Response,'' dated September 24, 2018.
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Scope of the Order

    The products covered by the Order are certain stainless steel butt-
weld pipe fittings. Certain stainless steel butt-weld pipe fittings are 
under 14 inches in outside diameter (based on nominal pipe size), 
whether finished or unfinished. The products encompass all grades of 
stainless steel and ``commodity'' and ``specialty'' fittings. 
Specifically excluded from the definition are threaded, grooved, and 
bolted fittings, and fittings made from any material other than 
stainless steel.
    The fittings subject to the Order are generally designated under 
specification ASTM A403/A403M, the standard specification for Wrought 
Austenitic Stainless Steel Piping Fittings, or its foreign equivalents 
(e.g., DIN or JIS specifications). This specification covers two 
general classes of fittings, WP and CR, of wrought austenitic stainless 
steel fittings of seamless and welded construction covered by the 
latest revision of ANSI B16.9, ANSI B16.11, and ANSI B16.28. Pipe 
fittings manufactured to specification ASTM A774, or its foreign 
equivalents, are also covered by the Order.
    The Order does not apply to cast fittings. Cast austenitic 
stainless steel pipe fittings are covered by specifications A351/A351M, 
A743/743M, and A744/A744M.
    The stainless steel butt-weld pipe fittings subject to the Order 
are currently classifiable under subheading 7307.23.0000 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of this Order is dispositive.

Final Results of the Changed Circumstances Review

    Based on evidence on the record,\13\ and Enlin's assertion that it 
should be considered a single entity with Vinox and E N 
Corporation,\14\ we find that Enlin, Vinox, and E N Corporation are 
affiliated parties which should be treated as a single entity. While, 
historically, Commerce has not applied 19 CFR 351.401(f) in the context 
of CCRs, we find that for purposes of this particular segment of the 
proceeding, the criteria in the regulation are relevant to ensure that 
the administration and effect of the underlying Order are not 
undermined.
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    \13\ See Review Request at Attachments 1-7; see also Request 
Supplement at Attachments 1-4.
    \14\ See Questionnaire Response.

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[[Page 50896]]

    The petitioners claim that Enlin, Vinox, and E N Corporation are 
affiliated, pursuant to section 771(33) of the Act and 19 CFR 
351.102(b), based on Enlin's direct statement of affiliation with Vinox 
in its Section A questionnaire response of the initial investigation, 
evidence of control over Vinox and E N Corporation by the same 
individuals or family members, similar or identical company addresses, 
and a common Canadian trademark.\15\
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    \15\ See Review Request; see also Request Supplement.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.401(f), Commerce will collapse affiliated 
entities when there is: (1) Evidence that the entities have production 
facilities for similar or identical products that would not require 
substantial retooling of either facility in order to restructure 
manufacturing priorities; and (2) a significant potential for the 
manipulation of price or production, such as through common ownership, 
overlap of directors and managers, and intertwined operations. There is 
evidence on the record to support that these criteria have been 
met.\16\ Specifically, record evidence demonstrates that: (1) Enlin, 
Vinox, and E N Corporation are affiliated parties that each produce or 
have produced the subject merchandise and have shipped it to the same 
or similar importers in the United States, and (2) there is a 
``significant potential for the manipulation of price or production,'' 
if we do not collapse the companies due to the level of common 
direction or control.\17\
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    \16\ Id.
    \17\ Id.
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    Accordingly, given the evidence provided by the petitioners,\18\ 
along with Enlin's acknowledgement that the three companies should be 
treated as a single entity and that CBP should collect antidumping duty 
cash deposits on all unliquidated entries made by Vinox and E N 
Corporation at the rate assigned to Enlin,\19\ we find that: (1) There 
were sufficient changed circumstances in the trading patterns and 
activities of Enlin, Vinox, and E N Corporation that the petitioners 
allege resulted in a possible evasion of the Order; (2) Enlin, Vinox, 
and E N Corporation should be collapsed as a single entity; (3) the 
collapsed entity is subject to the cash deposit rate assigned to Enlin 
in the LTFV investigation; \20\ and (4) the results of this CCR are 
applied retroactively from the publication date of the Order.\21\
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    \18\ Id.
    \19\ See Questionnaire Response, where Enlin stated that it 
agreed with the petitioners' request (in the Review Request at 2 and 
5, and Request Supplement at 1, 2, and 4).
    \20\ See the Order, 66 FR 11257.
    \21\ See, e.g., Large Power Transformers from the Republic of 
Korea: Notice of Final Results of Antidumping Duty Changed 
Circumstances Review, 83 FR 45094 (September 5, 2018), and 
accompanying Issues and Decision Memorandum at 5-6.
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Instructions to U.S. Customs and Border Protection

    As a result of this determination, we find that both Vinox and E N 
Corporation are subject to the cash deposit rate currently assigned to 
Enlin (i.e., 33.81 percent).\22\ Therefore, Commerce will instruct CBP 
to continue suspension of liquidation and to collect estimated 
antidumping duties for all unliquidated entries and shipments of 
subject merchandise produced and exported by Enlin, Vinox, and/or E N 
Corporation at the cash deposit rate of 33.81 percent currently 
assigned to Enlin, from the date of the publication of the Order.\23\ 
This cash deposit requirement shall remain in effect until further 
notice. We will also instruct CBP to liquidate any unliquidated entries 
and shipments of subject merchandise produced and exported by Vinox 
and/or E N Corporation made during periods for which Commerce has 
completed an administrative review or for which no administrative 
review was requested (i.e., through and including January 31, 2018) at 
the 33.81 percent rate currently assigned to Enlin.
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    \22\ See the Order, 66 FR 11257.
    \23\ Id.
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Notification to Parties

    This notice is the only reminder to parties subject to 
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 the 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.
    Commerce is issuing and publishing these results in accordance with 
sections 751(b)(1) and (4) and 777(i) of the Act, and 19 CFR 351.216 
and 19 CFR 351.221(c)(3)(i).

    Dated: October 3, 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.
[FR Doc. 2018-21983 Filed 10-9-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                              50894                     Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices

                                              a request for a hearing is made, parties                merchandise they sold to the                          requirement could result in Commerce’s
                                              will be notified of the time and date for               intermediary (e.g., a reseller, trading               presumption that reimbursement of
                                              the hearing to be held at the U.S.                      company, or exporter) was destined for                antidumping duties occurred and the
                                              Department of Commerce, 1401                            the United States. In such instances, we              subsequent assessment of double
                                              Constitution Avenue NW, Washington,                     will instruct CBP to liquidate                        antidumping duties.
                                              DC 20230.12                                             unreviewed entries at the all-others rate               We are issuing and publishing these
                                                 Commerce intends to issue the final                  if there is no rate for the intermediate              results in accordance with sections
                                              results of this administrative review,                  company(ies) involved in the                          751(a)(1) and 777(i)(1) of the Act and 19
                                              including the results of its analysis                   transaction.15                                        CFR 351.221(b)(4).
                                              raised in any written briefs, not later                    We intend to issue liquidation                       Dated: October 3, 2018.
                                              than 120 days after the publication date                instructions to CBP 15 days after                     Gary Taverman,
                                              of this notice, pursuant to section                     publication of the final results of this              Deputy Assistant Secretary for Antidumping
                                              751(a)(3)(A) of the Act, unless otherwise               review.                                               and Countervailing Duty Operations,
                                              extended.13                                                                                                   performing the non-exclusive functions and
                                                                                                      Cash Deposit Requirements
                                              Assessment Rates                                                                                              duties of the Assistant Secretary for
                                                                                                         The following deposit requirements                 Enforcement and Compliance.
                                                 Upon completion of the                               will be effective for all shipments of the
                                              administrative review, Commerce shall                                                                         Appendix—List of Topics Discussed in
                                                                                                      subject merchandise entered, or
                                              determine, and CBP shall assess,                                                                              the Preliminary Decision Memorandum
                                                                                                      withdrawn from warehouse, for
                                              antidumping duties on all appropriate                   consumption on or after the publication               I. Summary
                                              entries.                                                date of the final results of this                     II. Background
                                                 Pursuant to 19 CFR 351.212(b)(1),                    administrative review, as provided by                 III. Scope of the Order
                                              where DOSCO and HiSteel reported the                    section 751(a)(2)(C) of the Act: (1) The              IV. Companies Not Selected for Individual
                                              entered value of their U.S. sales, we                                                                               Examination
                                                                                                      cash deposit rate for the exporters listed            V. Discussion of the Methodology
                                              calculated importer-specific ad valorem                 above will be that established in the                    a. Date of Sale
                                              duty assessment rates based on the ratio                final results of this review, except if the              b. Determination of Comparison Method
                                              of the total amount of dumping                          rate is less than 0.50 percent and,                      c. Results of Differential Pricing Analysis
                                              calculated for the examined sales to the                therefore, de minimis within the                         d. Product Comparisons
                                              total entered value of the sales for which              meaning of 19 CFR 351.106(c)(1), in                      e. Export Price/Constructed Export Price
                                              entered value was reported. Where the                   which case the cash deposit rate will be                 f. Normal Value
                                              respondents did not report entered                      zero; (2) for previously investigated                    i. Particular Market Situation
                                              value, we calculated the entered value                                                                           ii. Home Market Viability and Comparison
                                                                                                      companies not participating in this                         Market
                                              in order to calculate the assessment rate.              review, the cash deposit will continue                   iii. Level of Trade
                                              Where either the respondent’s weighted-                 to be the company-specific rate                          iv. Affiliated-Party Transactions and
                                              average dumping margin is zero or de                    published for the most recently                             Arm’s-Length Test
                                              minimis within the meaning of 19 CFR                    completed segment; (3) if the exporter is                v. Cost of Production Analysis
                                              351.106(c)(1), or an importer-specific                  not a firm covered in this review, or the                1. Cost Averaging Methodology
                                              rate is zero or de minimis, we will                     original less-than-fair-value (LTFV)                     a. Significant of Cost Changes
                                              instruct CBP to liquidate the appropriate               investigation, but the manufacturer is,                  b. Linkage Between Sales and Cost
                                              entries without regard to antidumping                                                                               Information
                                                                                                      the cash deposit rate will be the rate                   2. Calculation of COP
                                              duties. We intend to instruct CBP to                    established for the most recent segment                  3. Test of Comparison Market Sales Prices
                                              take into account the ‘‘provisional                     for the manufacturer of the                              4. Results of the COP Test
                                              measures deposit cap,’’ in accordance                   merchandise; and (4) the cash deposit                    vi. Calculation of Normal Value Based on
                                              with 19 CFR 351.212(d).                                 rate for all other manufacturers or                         Comparison Market Prices
                                                 For the companies which were not                     exporters will continue to be 3.24                       vii. Calculation of Normal Value Based on
                                              selected for individual review, we will                 percent, the all-others rate made                           Constructed Value
                                              assign an assessment rate based on the                  effective by the LTFV investigation.16                VI. Currency Conversion
                                              average 14 of the cash deposit rates                                                                          VII. Recommendation
                                                                                                      These deposit requirements, when
                                              calculated for DOSCO and HiSteel,                       imposed, shall remain in effect until                 [FR Doc. 2018–21980 Filed 10–9–18; 8:45 am]
                                              excluding any which are de minimis or                   further notice.                                       BILLING CODE 3510–DS–P
                                              determined entirely based on adverse
                                              facts available. The final results of this              Notification to Importers
                                              review shall be the basis for the                         This notice also serves as a                        DEPARTMENT OF COMMERCE
                                              assessment of antidumping duties on                     preliminary reminder to importers of
                                              entries of merchandise covered by the                                                                         International Trade Administration
                                                                                                      their responsibility under 19 CFR
                                              final results of this review and for future             351.402(f) to file a certificate regarding            [A–565–801]
                                              deposits of estimated duties, where                     the reimbursement of antidumping
                                              applicable.                                             duties prior to liquidation of the                    Stainless Steel Butt-Weld Pipe Fittings
                                                 Commerce’s ‘‘automatic assessment’’                  relevant entries during this review                   From the Philippines: Final Results of
                                              practice will apply to entries of subject               period. Failure to comply with this                   Changed Circumstances Review
                                              merchandise during the POR produced                                                                           AGENCY:  Enforcement and Compliance,
amozie on DSK3GDR082PROD with NOTICES1




                                              by companies included in these final                      15 For a full discussion of this practice, see
                                                                                                                                                            International Trade Administration,
                                              results of review for which the reviewed                Antidumping and Countervailing Duty Proceedings:
                                                                                                      Assessment of Antidumping Duties, 68 FR 23954         Department of Commerce.
                                              companies did not know that the                         (May 6, 2003).                                        SUMMARY: The Department of Commerce
                                                                                                        16 See Heavy Walled Rectangular Welded Carbon
                                                12 See 19 CFR 351.310(d).
                                                                                                                                                            (Commerce) finds that Enlin Steel
                                                                                                      Steel Pipes and Tubes from the Republic of Korea,
                                                13 See Section 751(a)(3)(A) of the Act.               Mexico, and the Republic of Turkey: Antidumping
                                                                                                                                                            Corporation (Enlin), Vinox Corporation
                                                14 This rate was calculated as discussed in           Duty Orders, 81 FR 62865, 62866 (September 13,        (aka Vinoc Corporation) (Vinox) and E
                                              footnote 4, above.                                      2016).                                                N Corporation should be treated as a


                                         VerDate Sep<11>2014   21:20 Oct 09, 2018   Jkt 247001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\10OCN1.SGM   10OCN1


                                                                         Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices                                                    50895

                                              single entity for purposes of cash                      June 26, 2018.4 The petitioners filed a                  Scope of the Order
                                              deposit and liquidation rates.                          response to Enlin’s letter on June 26,
                                                                                                                                                                  The products covered by the Order
                                              DATES: Applicable October 10, 2018.                     2018.5 On July 5, 2018, we extended the
                                                                                                                                                               are certain stainless steel butt-weld pipe
                                              FOR FURTHER INFORMATION CONTACT: Julie
                                                                                                      deadline for initiating the CCR,6 and
                                                                                                                                                               fittings. Certain stainless steel butt-weld
                                              Geiger or Fred Baker, AD/CVD                            published the initiation of this CCR on
                                                                                                                                                               pipe fittings are under 14 inches in
                                              Operations, Office VI, Enforcement and                  August 14, 2018.7
                                                                                                         On August 20, 2018, we issued a                       outside diameter (based on nominal
                                              Compliance, International Trade                                                                                  pipe size), whether finished or
                                                                                                      questionnaire to Enlin, requesting
                                              Administration, U.S. Department of                                                                               unfinished. The products encompass all
                                                                                                      further information about its
                                              Commerce, 1401 Constitution Avenue                      relationship with Vinox and E N                          grades of stainless steel and
                                              NW, Washington, DC 20230; telephone:                    Corporation.8 On September 3, 2018,                      ‘‘commodity’’ and ‘‘specialty’’ fittings.
                                              (202) 482–2057 or (202) 482–2924,                       Enlin filed a response,9 stating that it                 Specifically excluded from the
                                              respectively.                                           agreed with the petitioners’ requests                    definition are threaded, grooved, and
                                              SUPPLEMENTARY INFORMATION:                              that: (1) Enlin, Vinox, and E N                          bolted fittings, and fittings made from
                                                                                                      Corporation should be treated as the                     any material other than stainless steel.
                                              Background                                                                                                          The fittings subject to the Order are
                                                                                                      same entity pursuant to 19 CFR
                                                 On February 23, 2001, Commerce                       351.401(f); and (2) Commerce should                      generally designated under specification
                                              published the antidumping duty (AD)                     instruct CBP to ‘‘impose and collect                     ASTM A403/A403M, the standard
                                              order on stainless steel butt-weld pipe                 antidumping duty deposits on all                         specification for Wrought Austenitic
                                              fittings (pipe fittings) from the                       unliquidated entries made by Vinox and                   Stainless Steel Piping Fittings, or its
                                              Philippines.1 On May 24, 2018, Core                     E N Corp{oration}’’ of pipe fittings at                  foreign equivalents (e.g., DIN or JIS
                                              Pipe Products, Inc., Shaw Alloy Piping                  the 33.81 percent cash deposit rate                      specifications). This specification covers
                                              Products, Inc., and Taylor Forge                        ‘‘previously established for Enlin on                    two general classes of fittings, WP and
                                              Stainless, Inc. (collectively, the                      their shipments of subject merchandise                   CR, of wrought austenitic stainless steel
                                              petitioners) requested that Commerce                    from the Philippines.’’ 10 Due to the                    fittings of seamless and welded
                                              conduct a CCR pursuant to 751(b) of the                 complexities of this proceeding, we                      construction covered by the latest
                                              Tariff Act of 1930, as amended (the Act)                extended the deadline for issuing the                    revision of ANSI B16.9, ANSI B16.11,
                                              and 19 CFR 351.216(b).2                                 final results of this changed                            and ANSI B16.28. Pipe fittings
                                                 The petitioners alleged in their                     circumstances review by an additional                    manufactured to specification ASTM
                                              request that Enlin had been shipping                    eleven days, until October 1, 2018, and                  A774, or its foreign equivalents, are also
                                              subject merchandise to the United                       later by an additional eight days, until                 covered by the Order.
                                              States at the ‘‘all-others’’ antidumping                October 9, 2018.11 On September 24,                         The Order does not apply to cast
                                              duty cash deposit rate in effect for                    2018, the petitioners filed a response to                fittings. Cast austenitic stainless steel
                                              Enlin’s affiliates Vinox and E N                        Enlin’s questionnaire response, urging                   pipe fittings are covered by
                                              Corporation, rather than at the                         Commerce to apply the 33.81 percent                      specifications A351/A351M, A743/
                                              company-specific rate of 33.81 percent                  cash deposit rate retroactively to all                   743M, and A744/A744M.
                                              established for Enlin in the less-than-                 unliquidated entries made by Vinox and                      The stainless steel butt-weld pipe
                                              fair-value (LTFV) investigation. The                    E N Corporation.12                                       fittings subject to the Order are
                                              petitioners also alleged that Vinox and                                                                          currently classifiable under subheading
                                                                                                        4 See  Enlin’s Letter, dated June 26, 2018.
                                              E N Corporation were, and are currently,                                                                         7307.23.0000 of the Harmonized Tariff
                                                                                                        5 See  Petitioners’ Letter, ‘‘Antidumping Duty
                                              the same business entity as Enlin. The                                                                           Schedule of the United States (HTSUS).
                                                                                                      Order on Stainless Steel Butt-Weld Pipe Fittings
                                              petitioners, therefore, requested that                  from the Philippines—Petitioners’ Rebuttal to            Although the HTSUS subheadings are
                                              Commerce conduct a CCR to determine                     Respondents’ Opposition to Changed                       provided for convenience and customs
                                              that Enlin, Vinox, and E N Corporation                  Circumstances Review Request,’’ dated June 26,           purposes, the written description of the
                                                                                                      2018.
                                              are affiliated companies that should be                    6 See Commerce’s Letter, ‘‘Stainless Steel Butt-
                                                                                                                                                               scope of this Order is dispositive.
                                              treated as a single entity. They also                   Weld Pipe Fittings from the Philippines: Extension       Final Results of the Changed
                                              requested that Commerce notify U.S.                     of Time for Changed Circumstances Review
                                                                                                                                                               Circumstances Review
                                              Customs and Border Protection (CBP)                     Initiation Decision,’’ dated July 5, 2018.
                                                                                                         7 See Stainless Steel Butt-Weld Pipe Fittings from
                                              that it should impose and collect                                                                                   Based on evidence on the record,13
                                                                                                      the Philippines: Initiation of Antidumping Duty
                                              antidumping duty deposits on all                        Changed Circumstances Review, 83 FR 40227
                                                                                                                                                               and Enlin’s assertion that it should be
                                              unliquidated entries made by Vinox and                  (August 14, 2018) (Initiation Notice).                   considered a single entity with Vinox
                                              E N Corporation at Enlin’s 33.81 percent                   8 See Commerce’s Letter, ‘‘Stainless Steel Butt-      and E N Corporation,14 we find that
                                              rate. The petitioners submitted a                       Weld Pipe Fittings from the Philippines:                 Enlin, Vinox, and E N Corporation are
                                              supplement to their request on May 31,                  Antidumping Duty Changed Circumstances Review            affiliated parties which should be
                                                                                                      Questionnaire,’’ dated August 20, 2018.
                                              2018.3 Enlin filed a letter objecting to                   9 See Enlin’s Letter, ‘‘Stainless Steel Butt-Weld     treated as a single entity. While,
                                              the petitioners’ request for a CCR on                   Pipe Fittings from the Philippines: Questionnaire        historically, Commerce has not applied
                                                                                                      Response,’’ dated September 3, 2018 (Questionnaire       19 CFR 351.401(f) in the context of
                                                 1 See Antidumping Duty Orders: Stainless Steel       Response).                                               CCRs, we find that for purposes of this
                                              Butt-Weld Pipe Fittings from Italy, Malaysia, and          10 See Review Request at 2 and 5; see also Request
                                                                                                                                                               particular segment of the proceeding,
                                              the Philippines, 66 FR 11257 (February 23, 2001)        Supplement at 1, 2, and 4.
                                              (the Order).                                               11 See Memorandum, ‘‘Stainless Steel Butt-Weld        the criteria in the regulation are relevant
                                                 2 See Petitioners’ Letter, ‘‘Stainless Steel Butt-   Pipe Fittings from the Philippines: Extension of         to ensure that the administration and
amozie on DSK3GDR082PROD with NOTICES1




                                              Weld Pipe Fittings from the Philippines—                Deadline for Final Results of Antidumping Duty           effect of the underlying Order are not
                                              Petitioners’ Request for Initiation of Changed          Changed Circumstances Review,’’ dated September          undermined.
                                              Circumstances Review,’’ dated May 24, 2018              20, 2018, and Memorandum ‘‘Stainless Steel Butt-
                                              (Review Request).                                       Weld Pipe Fittings from the Philippines: Extension
                                                 3 See Petitioners’ Letter, ‘‘Stainless Steel Butt-   of Deadline for Final Results of Antidumping Duty        Petitioners’ Response to Enlin’s Questionnaire
                                              Weld Pipe Fittings from the Philippines—                Changed Circumstances Review,’’ dated October 1,         Response,’’ dated September 24, 2018.
                                              Petitioners’ Supplement to Changed Circumstances        2018.                                                      13 See Review Request at Attachments 1–7; see

                                              Review Request,’’ dated May 31, 2018 (Request              12 See Petitioners’ Letter, ‘‘Stainless Steel Butt-   also Request Supplement at Attachments 1–4.
                                              Supplement).                                            Weld Pine Fittings from the Philippines:                   14 See Questionnaire Response.




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                                              50896                       Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Notices

                                                 The petitioners claim that Enlin,                      applied retroactively from the                       DEPARTMENT OF COMMERCE
                                              Vinox, and E N Corporation are                            publication date of the Order.21
                                              affiliated, pursuant to section 771(33) of                                                                     International Trade Administration
                                                                                                        Instructions to U.S. Customs and
                                              the Act and 19 CFR 351.102(b), based on                                                                        [C–533–844]
                                                                                                        Border Protection
                                              Enlin’s direct statement of affiliation
                                              with Vinox in its Section A                                  As a result of this determination, we             Certain Lined Paper Products From
                                              questionnaire response of the initial                     find that both Vinox and E N                         India: Preliminary Results of
                                              investigation, evidence of control over                   Corporation are subject to the cash                  Countervailing Duty Administrative
                                              Vinox and E N Corporation by the same                     deposit rate currently assigned to Enlin             Review; Calendar Year 2016
                                              individuals or family members, similar                    (i.e., 33.81 percent).22 Therefore,
                                              or identical company addresses, and a                     Commerce will instruct CBP to continue               AGENCY:   Enforcement and Compliance,
                                              common Canadian trademark.15                              suspension of liquidation and to collect             International Trade Administration,
                                                 Pursuant to 19 CFR 351.401(f),                         estimated antidumping duties for all                 Department of Commerce.
                                              Commerce will collapse affiliated                         unliquidated entries and shipments of                SUMMARY: The Department of Commerce
                                              entities when there is: (1) Evidence that                 subject merchandise produced and                     (Commerce) preliminarily determines
                                              the entities have production facilities                   exported by Enlin, Vinox, and/or E N                 that Goldenpalm Manufacturers PVT
                                              for similar or identical products that                    Corporation at the cash deposit rate of              Ltd. (Goldenpalm), a producer/exporter
                                              would not require substantial retooling                   33.81 percent currently assigned to                  of lined paper products (lined paper)
                                              of either facility in order to restructure                Enlin, from the date of the publication              from India, received countervailable
                                              manufacturing priorities; and (2) a                       of the Order.23 This cash deposit                    subsidies during the period of review
                                              significant potential for the                             requirement shall remain in effect until             (POR) January 1, 2016, through
                                              manipulation of price or production,                      further notice. We will also instruct CBP            December 31, 2016. We invite interested
                                              such as through common ownership,                         to liquidate any unliquidated entries                parties to comment on these preliminary
                                              overlap of directors and managers, and                    and shipments of subject merchandise                 results.
                                              intertwined operations. There is                          produced and exported by Vinox and/or                DATES: Applicable October 10, 2018.
                                              evidence on the record to support that                    E N Corporation made during periods
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT: John
                                              these criteria have been met.16                           for which Commerce has completed an
                                                                                                                                                             Conniff, AD/CVD Operations, Office III,
                                              Specifically, record evidence                             administrative review or for which no
                                                                                                                                                             Enforcement and Compliance,
                                              demonstrates that: (1) Enlin, Vinox, and                  administrative review was requested
                                                                                                                                                             International Trade Administration,
                                              E N Corporation are affiliated parties                    (i.e., through and including January 31,
                                                                                                                                                             U.S. Department of Commerce, 1401
                                              that each produce or have produced the                    2018) at the 33.81 percent rate currently
                                                                                                                                                             Constitution Avenue NW, Washington,
                                              subject merchandise and have shipped                      assigned to Enlin.
                                                                                                                                                             DC 20230; telephone (202) 482–1009.
                                              it to the same or similar importers in the                Notification to Parties                              SUPPLEMENTARY INFORMATION:
                                              United States, and (2) there is a
                                              ‘‘significant potential for the                             This notice is the only reminder to                Background
                                              manipulation of price or production,’’ if                 parties subject to administrative
                                                                                                        protective order (APO) of their                         On September 28, 2006, Commerce
                                              we do not collapse the companies due                                                                           issued the countervailing duty (CVD)
                                              to the level of common direction or                       responsibility concerning the
                                                                                                        disposition of proprietary information               order on lined paper from India.1
                                              control.17                                                                                                     Goldenpalm requested that Commerce
                                                 Accordingly, given the evidence                        disclosed under APO in accordance
                                                                                                        with 19 CFR 351.305(a)(3). Timely                    conduct an administrative review of the
                                              provided by the petitioners,18 along
                                                                                                        written notification of the return or                Lined Paper Order with respect to the
                                              with Enlin’s acknowledgement that the
                                                                                                        destruction of APO materials or                      company, and on November 13, 2017,
                                              three companies should be treated as a
                                                                                                        conversion to judicial protective order is           Commerce published in the Federal
                                              single entity and that CBP should
                                                                                                        hereby requested. Failure to comply                  Register a notice of initiation of an
                                              collect antidumping duty cash deposits
                                                                                                        with the regulations and terms of an                 administrative review of the CVD order
                                              on all unliquidated entries made by
                                                                                                        APO is a sanctionable violation.                     for Goldenpalm for the POR.2 On
                                              Vinox and E N Corporation at the rate
                                                                                                          Commerce is issuing and publishing                 January 23, 2018, Commerce exercised
                                              assigned to Enlin,19 we find that: (1)
                                                                                                        these results in accordance with                     its discretion to toll all deadlines
                                              There were sufficient changed
                                                                                                        sections 751(b)(1) and (4) and 777(i) of             affected by the closure of the Federal
                                              circumstances in the trading patterns
                                                                                                        the Act, and 19 CFR 351.216 and 19                   Government from January 20 through
                                              and activities of Enlin, Vinox, and E N
                                                                                                        CFR 351.221(c)(3)(i).                                22, 2018.3 On May 31, 2018, Commerce
                                              Corporation that the petitioners allege
                                                                                                                                                             extended the time period for issuing
                                              resulted in a possible evasion of the                       Dated: October 3, 2018.
                                                                                                                                                             these preliminary results by 120 days,
                                              Order; (2) Enlin, Vinox, and E N                          Gary Taverman,
                                                                                                                                                             until October 3,2018, in accordance
                                              Corporation should be collapsed as a                      Deputy Assistant Secretary for Antidumping
                                              single entity; (3) the collapsed entity is                and Countervailing Duty Operations,                    1 See Notice of Amended Final Determination of
                                              subject to the cash deposit rate assigned                 performing the non-exclusive functions and           Sales at Less Than Fair Value: Certain Lined Paper
                                              to Enlin in the LTFV investigation; 20                    duties of the Assistant Secretary for                Products from the People’s Republic of China;
                                              and (4) the results of this CCR are                       Enforcement and Compliance.                          Notice of Antidumping Duty Orders: Certain Lined
                                                                                                        [FR Doc. 2018–21983 Filed 10–9–18; 8:45 am]          Paper Products from India, Indonesia and the
                                                15 See
                                                                                                                                                             People’s Republic of China; and Notice of
                                                       Review Request; see also Request                 BILLING CODE 3510–DS–P
                                                                                                                                                             Countervailing Duty Orders: Certain Lined Paper
                                              Supplement.
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                                                                                                                                                             Products from India and Indonesia, 71 FR 56949
                                                16 Id.                                                    21 See, e.g., Large Power Transformers from the    (September 28, 2006) (Lined Paper Order).
                                                17 Id.
                                                                                                        Republic of Korea: Notice of Final Results of          2 See Initiation of Antidumping and
                                                18 Id.                                                  Antidumping Duty Changed Circumstances Review,       Countervailing Duty Administrative Reviews, 82 FR
                                                19 See Questionnaire Response, where Enlin              83 FR 45094 (September 5, 2018), and                 52268 (November 13, 2017) (Initiation Notice).
                                              stated that it agreed with the petitioners’ request (in   accompanying Issues and Decision Memorandum at         3 See memorandum, ‘‘Deadlines Affected by the
                                              the Review Request at 2 and 5, and Request                5–6.                                                 Shutdown of the Federal Government,’’ dated
                                              Supplement at 1, 2, and 4).                                 22 See the Order, 66 FR 11257.
                                                                                                                                                             January 23, 2018. All deadlines in this segment of
                                                20 See the Order, 66 FR 11257.                            23 Id.                                             the proceeding have been extended by three days.



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Document Created: 2018-10-10 17:38:02
Document Modified: 2018-10-10 17:38:02
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 10, 2018.
ContactJulie Geiger or Fred Baker, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2057 or (202) 482-2924, respectively.
FR Citation83 FR 50894 

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