83_FR_53810 83 FR 53604 - Stainless Steel Butt-Weld Pipe Fittings From Malaysia: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2017-2018

83 FR 53604 - Stainless Steel Butt-Weld Pipe Fittings From Malaysia: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission of Antidumping Duty Administrative Review; 2017-2018

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 206 (October 24, 2018)

Page Range53604-53606
FR Document2018-23222

The Department of Commerce (Commerce) preliminarily determines that Superinox made sales of subject merchandise at less than normal value during the period of review (POR) February 1, 2017, through January 31, 2018. Additionally, we are rescinding the review with respect to Pantech Stainless & Alloy Industries Sdn. Bhd. (Pantech). Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 83 Issue 206 (Wednesday, October 24, 2018)
[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Notices]
[Pages 53604-53606]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23222]


=======================================================================
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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-809]


Stainless Steel Butt-Weld Pipe Fittings From Malaysia: 
Preliminary Results of Antidumping Duty Administrative Review and 
Partial Rescission of Antidumping Duty Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Superinox made sales of subject merchandise at less than normal 
value during the period of review (POR) February 1, 2017, through 
January 31, 2018. Additionally, we are rescinding the review with 
respect to Pantech Stainless & Alloy Industries Sdn. Bhd. (Pantech). 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable October 24, 2018.

FOR FURTHER INFORMATION CONTACT: Madeline R. Heeren or Tyler Weinhold, 
AD/CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-9179 or (202) 
482-1121, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 23, 2001, Commerce published in the Federal Register an 
antidumping (AD) order on pipe fittings from Malaysia.\1\ On February 
1, 2018, Commerce notified interested parties of the opportunity to 
request an administrative review of orders, findings, or suspended 
investigations with anniversaries in February,

[[Page 53605]]

including the AD Order on pipe fittings from Malaysia.\2\ Commerce 
received timely requests from Core Pipe Products, Inc., Shaw Alloy 
Piping Products, LLC, and Taylor Forge Stainless Inc. (the petitioners) 
to conduct an administrative review of certain exporters covering the 
POR. On April 16, 2018, Commerce published in the Federal Register a 
notice initiating an administrative review of the Order covering 
Pantech and Superinox for the POR.\3\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Orders: Stainless Steel Butt-Weld Pipe 
Fittings from Italy, Malaysia, and the Philippines, 66 FR 11257 
(February 23, 2001) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 83 FR 22 (February 1, 2018).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 16298 (April 16, 2018) (Initiation 
Notice).
---------------------------------------------------------------------------

    Subsequently, we issued the AD questionnaire to Pantech and 
Superinox, the two mandatory respondents.\4\ On May 29, 2018, the 
petitioners timely withdrew their request for administrative review of 
Pantech, pursuant to 19 CFR 351.213(d)(1).\5\ Superinox did not respond 
to the questionnaire and has filed no submissions on the record for 
this administrative review. For a complete description of the events 
that followed the initiation of this administrative review, see the 
Preliminary Decision Memorandum.\6\ A list of topics included in the 
Preliminary Decision Memorandum is included in the Appendix to this 
notice.
---------------------------------------------------------------------------

    \4\ See Commerce's Letters to Pantech and Superinox dated May 8, 
2018; see also, Memorandum, ``Delivery of Antidumping Duty 
Questionnaire to Superinox Max Fittings Industry Sdn. Bhd.,'' dated 
August 16, 2018.
    \5\ See Letter from the petitioner, ``Stainless Steel Butt-Weld 
Pipe Fittings form Malaysia--Petitioners' Withdrawal of Review 
Request of Pantech,'' dated May 29, 2018. The three companies that 
the petitioner did not include in its withdrawal were Overseas 
International Steel Industry LLC, Overseas Distribution Services 
Inc., and Oman Fasteners.
    \6\ See Memorandum, ``Decision Memorandum for Preliminary 
Results of the 2017-2018 Antidumping Duty Administrative Review of 
Stainless Steel Butt-Weld Pipe Fittings from Malaysia,'' dated 
concurrently with, and hereby adopted by this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

    The Preliminary Decision Memorandum is a public document and is on 
file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov and 
to all parties in the Central Records Unit, located in Room B8094 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed and the electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.

Partial Rescission of Administrative Review

    The petitioners timely withdrew their request for review of one 
company listed in the Initiation Notice, and because the petitioners 
were the only party to request a review of that company, we are 
rescinding the administrative review with respect to Pantech, pursuant 
to 19 CFR 351.213(d)(1). Accordingly, the remaining company subject to 
the instant review is Superinox.

Scope of the Order

    For purposes of the Order, the product covered is butt-weld 
fittings. Butt-weld fittings are under 14 inches in outside diameter 
(based on nominal pipe size), whether finished or unfinished. The 
product encompasses 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. For a complete description of the 
scope of the Order, see the Preliminary Decision Memorandum.

Facts Available

    Pursuant to section 776(a) of the Act, Commerce is preliminarily 
relying upon facts otherwise available to assign an estimated weighted-
average dumping margin to Superinox in this review because Superinox 
withheld necessary information that was requested by Commerce, thereby 
significantly impeding the conduct of the review. Further, Commerce 
preliminarily determines that Superinox failed to cooperate by not 
acting to the best of its ability to comply with requests for 
information and, thus, Commerce is applying adverse facts available 
(AFA) to Superinox, in accordance with section 776(b) of the Act. For a 
full description of the methodology underlying our conclusions 
regarding the application of AFA, see the Preliminary Decision 
Memorandum.

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following weighted-average dumping margin for the period February 1, 
2017, through January 31, 2018:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margins
                                                               (percent)
------------------------------------------------------------------------
Superinox Max Fittings Industries Sdn. Bhd..................      60.10
------------------------------------------------------------------------

Disclosure and Public Comment

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination within five 
days of any public announcement or, if there is no public announcement, 
within five days of the date of publication of the notice of 
preliminary determination in the Federal Register, in accordance with 
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA 
to the only individually examined company in this administrative 
review--Superinox--in accordance with section 776 of the Act, there are 
no calculations to disclose.
    Interested parties are invited to comment on the preliminary 
results of this review. Pursuant to 19 CFR 351.309(c)(1)(ii), 
interested parties may submit case briefs no later than 30 days after 
the date of publication of this notice. Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than five days 
after the time limit for filing case briefs.\7\ Parties who submit case 
briefs or rebuttal briefs in this proceeding are requested to submit 
with each brief: (1) A statement of the issue, (2) a brief summary of 
the argument, and (3) a table of authorities.\8\ Executive summaries 
should be limited to five pages total, including footnotes.\9\ Case and 
rebuttal briefs should be filed using ACCESS.\10\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.309(d)(1).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ Id.
    \10\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of the publication of this notice in the Federal 
Register. If a hearing is requested, Commerce will notify interested 
parties of the hearing schedule. Interested parties who wish to request 
a hearing, or to participate if one is requested, must submit a written 
request to the Assistant Secretary for Enforcement and Compliance, 
filed electronically via ACCESS within 30 days after the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address, and telephone number; (2) the number of participants; 
and (3) a list of the issues to be discussed. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs. We

[[Page 53606]]

intend to issue the final results of this administrative review, 
including the results of our analysis of issues raised by the parties 
in the written comments, within 120 days of publication of these 
preliminary results in the Federal Register, unless otherwise 
extended.\11\
---------------------------------------------------------------------------

    \11\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries. Commerce intends to issue assessment instructions to CBP 15 
days after the date of publication of the final results of this review.
    For entries of subject merchandise during the POR produced by each 
respondent for which it did not know its merchandise was destined for 
the United States, we will instruct CBP to liquidate such entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\12\ Where either the 
respondent's weighted-average dumping margin is zero or de minimis, or 
an importer-specific assessment rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.
---------------------------------------------------------------------------

    \12\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    For the company for which this review is rescinded, antidumping 
duties will be assessed at rates equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawn from 
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). 
Commerce intends to issue appropriate assessment instructions directly 
to CBP 15 days after publication of this notice. The final results of 
this review shall be the basis for the assessment of antidumping duties 
on entries of merchandise covered by the final results of this review 
and for future deposits of estimated duties, where applicable.

Cash Deposit Requirement

    The following cash deposit requirements will be effective upon 
publication of the notice of the final results of administrative review 
for all shipments of pipe fittings from Malaysia entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
the final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies 
under review will be the rate established in the final results of this 
review (except, if the rate is zero or de minimis, no cash deposit will 
be required); (2) for merchandise exported by manufacturers or 
exporters not covered in this review but covered in a prior segment of 
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding in which the manufacturer or exporter participated; (3) if 
the exporter is not a firm covered in this review, a prior review, or 
the less-than-fair-value investigation, but the manufacturer is, the 
cash deposit rate will be the rate established for the most recently 
completed segment of the proceeding for the manufacturer of the 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 7.51 percent ad valorem, the all-
others rate established in the less-than-fair value investigation.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    These preliminary results and partial rescission of administrative 
review are issued and published in accordance with sections 751(a)(1) 
and 777(i)(1) of the Act and 19 CFR 351.213(h)(1).

    Dated: October 18, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, performing the duties of Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Use of Facts Otherwise Available and Adverse Interferences
VI. Recommendation

[FR Doc. 2018-23222 Filed 10-23-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                              53604

                                              Notices                                                                                                       Federal Register
                                                                                                                                                            Vol. 83, No. 206

                                                                                                                                                            Wednesday, October 24, 2018



                                              This section of the FEDERAL REGISTER                    number and the agency informs                            Total Burden Hours: 3,810.
                                              contains documents other than rules or                  potential persons who are to respond to
                                              proposed rules that are applicable to the                                                                     Ruth Brown,
                                                                                                      the collection of information that such
                                              public. Notices of hearings and investigations,                                                               Departmental Information Collection
                                                                                                      persons are not required to respond to
                                              committee meetings, agency decisions and                                                                      Clearance Officer.
                                                                                                      the collection of information unless it
                                              rulings, delegations of authority, filing of                                                                  [FR Doc. 2018–23140 Filed 10–23–18; 8:45 am]
                                              petitions and applications and agency
                                                                                                      displays a currently valid OMB control
                                                                                                                                                            BILLING CODE 3411–15–P
                                              statements of organization and functions are            number.
                                              examples of documents appearing in this                 Forest Service
                                              section.
                                                                                                                                                            DEPARTMENT OF COMMERCE
                                                                                                         Title: Community Forest and Open
                                                                                                      Space Conservation Program.                           International Trade Administration
                                              DEPARTMENT OF AGRICULTURE
                                                                                                         OMB Control Number: 0596–0227.                     [A–557–809]
                                              Submission for OMB Review;                                 Summary of Collection: The Forest
                                              Comment Request                                         Service (FS) is authorized to implement               Stainless Steel Butt-Weld Pipe Fittings
                                                                                                      the Community Forest and Open Space                   From Malaysia: Preliminary Results of
                                              October 18, 2018                                                                                              Antidumping Duty Administrative
                                                                                                      Program (CFP) under Section 8003 of
                                                The Department of Agriculture has                     the Food, Conservation, and Energy Act                Review and Partial Rescission of
                                              submitted the following information                     of 2008 (Pub. L. 110–234; 122 Stat.                   Antidumping Duty Administrative
                                              collection requirement(s) to OMB for                    2043), which amends the Cooperative                   Review; 2017–2018
                                              review and clearance under the
                                                                                                      Forestry Assistance Act of 1978 (16                   AGENCY:  Enforcement and Compliance,
                                              Paperwork Reduction Act of 1995,
                                                                                                      U.S.C. 2103d). The purpose of the CFP                 International Trade Administration,
                                              Public Law 104–13. Comments are
                                                                                                      is to achieve community benefits                      Department of Commerce.
                                              requested regarding (1) whether the
                                                                                                      through grants to local governments,
                                              collection of information is necessary                                                                        SUMMARY: The Department of Commerce
                                                                                                      Indian Tribes, and nonprofit
                                              for the proper performance of the                                                                             (Commerce) preliminarily determines
                                                                                                      organizations to establish community
                                              functions of the agency, including                                                                            that Superinox made sales of subject
                                                                                                      forests by acquiring and protecting
                                              whether the information will have                                                                             merchandise at less than normal value
                                                                                                      private forestlands.
                                              practical utility; (2) the accuracy of the                                                                    during the period of review (POR)
                                              agency’s estimate of burden including                      Need and Use of the Information: The               February 1, 2017, through January 31,
                                              the validity of the methodology and                     applicant will need to provide                        2018. Additionally, we are rescinding
                                              assumptions used; (3) ways to enhance                   information as outlined in the rule and               the review with respect to Pantech
                                              the quality, utility and clarity of the                 the request for proposal. Applicants                  Stainless & Alloy Industries Sdn. Bhd.
                                              information to be collected; and (4)                    representing local governments or non-                (Pantech). Interested parties are invited
                                              ways to minimize the burden of the                      profits will submit CFP applications to               to comment on these preliminary
                                              collection of information on those who                  their State Foresters. Indian Tribes                  results.
                                              are to respond, including through the                   submit applications directly to the
                                                                                                                                                            DATES: Applicable October 24, 2018.
                                              use of appropriate automated,                           Forest Service. The State Forester or the
                                                                                                      equivalent Indian Tribe official, per                 FOR FURTHER INFORMATION CONTACT:
                                              electronic, mechanical, or other
                                              technological collection techniques and                 § 230.03 of the rule, will forward all                Madeline R. Heeren or Tyler Weinhold,
                                              other forms of information technology.                  applications to the FS. FS will use the               AD/CVD Operations, Office IV,
                                                Comments regarding this information                   information in the application to: (1)                Enforcement and Compliance,
                                              collection received by November 23,                     Determine that the applicant is eligible              International Trade Administration,
                                              2018 will be considered. Written                        to receive funds under the program; (2)               U.S. Department of Commerce, 1401
                                              comments should be addressed to: Desk                   determine if the proposal meets the                   Constitution Avenue NW, Washington,
                                              Officer for Agriculture, Office of                      qualifications in the law and                         DC 20230; telephone: (202) 482–9179 or
                                              Information and Regulatory Affairs,                     regulations; (3) evaluate and rank the                (202) 482–1121, respectively.
                                              Office of Management and Budget                         proposals based on standard, consistent               SUPPLEMENTARY INFORMATION:
                                              (OMB), New Executive Office Building,                   information; and (4) determine if the                 Background
                                              725 17th Street NW, Washington, DC                      projects costs are allowable and
                                              20503. Commenters are encouraged to                     sufficient cost share is provided. The FS                On February 23, 2001, Commerce
                                              submit their comments to OMB via                        would not be able to implement the                    published in the Federal Register an
                                              email to: OIRA_Submission@                              program effectively or at all if the                  antidumping (AD) order on pipe fittings
                                              omb.eop.gov or fax (202) 395–5806 and                   collection was conducted less                         from Malaysia.1 On February 1, 2018,
                                              to Departmental Clearance Office,                       frequently or not at all.                             Commerce notified interested parties of
                                              USDA, OCIO, Mail Stop 7602,                                                                                   the opportunity to request an
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                         Description of Respondents: Non-                   administrative review of orders,
                                              Washington, DC 20250–7602. Copies of                    profit Organizations; State, Local and
                                              the submission(s) may be obtained by                                                                          findings, or suspended investigations
                                                                                                      Tribal Governments.                                   with anniversaries in February,
                                              calling (202) 720–8681.
                                                An agency may not conduct or                             Number of Respondents: 50.
                                                                                                                                                              1 See Antidumping Duty Orders: Stainless Steel
                                              sponsor a collection of information                        Frequency of Responses: Annually;                  Butt-Weld Pipe Fittings from Italy, Malaysia, and
                                              unless the collection of information                    Quarterly; Reporting and Record                       the Philippines, 66 FR 11257 (February 23, 2001)
                                              displays a currently valid OMB control                  Keeping.                                              (Order).



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                                                                         Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Notices                                                                      53605

                                              including the AD Order on pipe fittings                 Preliminary Decision Memorandum are                                                                                 Weighted-
                                              from Malaysia.2 Commerce received                       identical in content.                                                                                                average
                                                                                                                                                                            Exporter/producer                             dumping
                                              timely requests from Core Pipe                                                                                                                                               margins
                                              Products, Inc., Shaw Alloy Piping                       Partial Rescission of Administrative                                                                                (percent)
                                              Products, LLC, and Taylor Forge                         Review
                                                                                                                                                            Superinox Max Fittings Industries Sdn.
                                              Stainless Inc. (the petitioners) to                        The petitioners timely withdrew their                Bhd .....................................................     60.10
                                              conduct an administrative review of
                                                                                                      request for review of one company
                                              certain exporters covering the POR. On                                                                        Disclosure and Public Comment
                                                                                                      listed in the Initiation Notice, and
                                              April 16, 2018, Commerce published in
                                              the Federal Register a notice initiating                because the petitioners were the only                    Normally, Commerce discloses to
                                              an administrative review of the Order                   party to request a review of that                     interested parties the calculations
                                              covering Pantech and Superinox for the                  company, we are rescinding the                        performed in connection with a
                                              POR.3                                                   administrative review with respect to                 preliminary determination within five
                                                 Subsequently, we issued the AD                       Pantech, pursuant to 19 CFR                           days of any public announcement or, if
                                              questionnaire to Pantech and                            351.213(d)(1). Accordingly, the                       there is no public announcement,
                                              Superinox, the two mandatory                            remaining company subject to the                      within five days of the date of
                                              respondents.4 On May 29, 2018, the                      instant review is Superinox.                          publication of the notice of preliminary
                                              petitioners timely withdrew their                                                                             determination in the Federal Register,
                                              request for administrative review of                    Scope of the Order                                    in accordance with 19 CFR 351.224(b).
                                              Pantech, pursuant to 19 CFR                                                                                   However, because Commerce
                                                                                                         For purposes of the Order, the
                                              351.213(d)(1).5 Superinox did not                                                                             preliminarily applied AFA to the only
                                                                                                      product covered is butt-weld fittings.                individually examined company in this
                                              respond to the questionnaire and has                    Butt-weld fittings are under 14 inches in
                                              filed no submissions on the record for                                                                        administrative review—Superinox—in
                                                                                                      outside diameter (based on nominal                    accordance with section 776 of the Act,
                                              this administrative review. For a
                                                                                                      pipe size), whether finished or                       there are no calculations to disclose.
                                              complete description of the events that
                                                                                                      unfinished. The product encompasses                      Interested parties are invited to
                                              followed the initiation of this
                                              administrative review, see the                          all grades of stainless steel and                     comment on the preliminary results of
                                              Preliminary Decision Memorandum.6 A                     ‘‘commodity’’ and ‘‘specialty’’ fittings.             this review. Pursuant to 19 CFR
                                              list of topics included in the                          Specifically excluded from the                        351.309(c)(1)(ii), interested parties may
                                              Preliminary Decision Memorandum is                      definition are threaded, grooved, and                 submit case briefs no later than 30 days
                                              included in the Appendix to this notice.                bolted fittings, and fittings made from               after the date of publication of this
                                                 The Preliminary Decision                             any material other than stainless steel.              notice. Rebuttal briefs, limited to issues
                                              Memorandum is a public document and                     For a complete description of the scope               raised in the case briefs, may be filed no
                                              is on file electronically via Enforcement               of the Order, see the Preliminary                     later than five days after the time limit
                                              and Compliance’s Antidumping and                        Decision Memorandum.                                  for filing case briefs.7 Parties who
                                              Countervailing Duty Centralized                                                                               submit case briefs or rebuttal briefs in
                                              Electronic Service System (ACCESS).                     Facts Available                                       this proceeding are requested to submit
                                              ACCESS is available to registered users                   Pursuant to section 776(a) of the Act,              with each brief: (1) A statement of the
                                              at https://access.trade.gov and to all                                                                        issue, (2) a brief summary of the
                                                                                                      Commerce is preliminarily relying upon
                                              parties in the Central Records Unit,                                                                          argument, and (3) a table of authorities.8
                                                                                                      facts otherwise available to assign an
                                              located in Room B8094 of the main                                                                             Executive summaries should be limited
                                                                                                      estimated weighted-average dumping
                                              Department of Commerce building. In                                                                           to five pages total, including footnotes.9
                                                                                                      margin to Superinox in this review                    Case and rebuttal briefs should be filed
                                              addition, a complete version of the
                                                                                                      because Superinox withheld necessary                  using ACCESS.10
                                              Preliminary Decision Memorandum can
                                                                                                      information that was requested by                        Pursuant to 19 CFR 351.310(c), any
                                              be accessed directly at http://
                                              enforcement.trade.gov/frn/. The signed                  Commerce, thereby significantly                       interested party may request a hearing
                                              and the electronic versions of the                      impeding the conduct of the review.                   within 30 days of the publication of this
                                                                                                      Further, Commerce preliminarily                       notice in the Federal Register. If a
                                                2 See Antidumping or Countervailing Duty Order,       determines that Superinox failed to                   hearing is requested, Commerce will
                                              Finding, or Suspended Investigation; Opportunity        cooperate by not acting to the best of its            notify interested parties of the hearing
                                              to Request Administrative Review, 83 FR 22              ability to comply with requests for                   schedule. Interested parties who wish to
                                              (February 1, 2018).
                                                3 See Initiation of Antidumping and
                                                                                                      information and, thus, Commerce is                    request a hearing, or to participate if one
                                              Countervailing Duty Administrative Reviews, 83 FR       applying adverse facts available (AFA)                is requested, must submit a written
                                              16298 (April 16, 2018) (Initiation Notice).             to Superinox, in accordance with                      request to the Assistant Secretary for
                                                4 See Commerce’s Letters to Pantech and
                                                                                                      section 776(b) of the Act. For a full                 Enforcement and Compliance, filed
                                              Superinox dated May 8, 2018; see also,                                                                        electronically via ACCESS within 30
                                              Memorandum, ‘‘Delivery of Antidumping Duty
                                                                                                      description of the methodology
                                              Questionnaire to Superinox Max Fittings Industry        underlying our conclusions regarding                  days after the date of publication of this
                                              Sdn. Bhd.,’’ dated August 16, 2018.                     the application of AFA, see the                       notice. Requests should contain: (1) The
                                                5 See Letter from the petitioner, ‘‘Stainless Steel
                                                                                                      Preliminary Decision Memorandum.                      party’s name, address, and telephone
                                              Butt-Weld Pipe Fittings form Malaysia—Petitioners’                                                            number; (2) the number of participants;
                                              Withdrawal of Review Request of Pantech,’’ dated        Preliminary Results of Review
                                              May 29, 2018. The three companies that the
                                                                                                                                                            and (3) a list of the issues to be
                                                                                                                                                            discussed. Issues raised in the hearing
amozie on DSK3GDR082PROD with NOTICES1




                                              petitioner did not include in its withdrawal were
                                                                                                        As a result of this review, we
                                              Overseas International Steel Industry LLC, Overseas                                                           will be limited to those raised in the
                                              Distribution Services Inc., and Oman Fasteners.         preliminarily determine the following                 respective case and rebuttal briefs. We
                                                6 See Memorandum, ‘‘Decision Memorandum for           weighted-average dumping margin for
                                              Preliminary Results of the 2017–2018 Antidumping        the period February 1, 2017, through                     7 See
                                              Duty Administrative Review of Stainless Steel Butt-                                                                      19 CFR 351.309(d)(1).
                                              Weld Pipe Fittings from Malaysia,’’ dated
                                                                                                      January 31, 2018:                                        8 See   19 CFR 351.309(c)(2) and (d)(2).
                                                                                                                                                               9 Id.
                                              concurrently with, and hereby adopted by this
                                              notice (Preliminary Decision Memorandum).                                                                        10 See   19 CFR 351.303.



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                                              53606                     Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Notices

                                              intend to issue the final results of this               review (except, if the rate is zero or de             DEPARTMENT OF COMMERCE
                                              administrative review, including the                    minimis, no cash deposit will be
                                              results of our analysis of issues raised                required); (2) for merchandise exported               International Trade Administration
                                              by the parties in the written comments,                 by manufacturers or exporters not
                                              within 120 days of publication of these                 covered in this review but covered in a               [A–570–088]
                                              preliminary results in the Federal                      prior segment of the proceeding, the
                                              Register, unless otherwise extended.11                  cash deposit rate will continue to be the             Steel Racks and Parts Thereof From
                                                                                                      company-specific rate published for the               the People’s Republic of China:
                                              Assessment Rates                                                                                              Postponement of Preliminary
                                                                                                      most recently completed segment of this
                                                 Upon completion of the                               proceeding in which the manufacturer                  Determination in the Less-Than-Fair-
                                              administrative review, Commerce shall                   or exporter participated; (3) if the                  Value Investigation
                                              determine, and CBP shall assess,                        exporter is not a firm covered in this                AGENCY:  Enforcement and Compliance,
                                              antidumping duties on all appropriate                   review, a prior review, or the less-than-             International Trade Administration,
                                              entries. Commerce intends to issue                      fair-value investigation, but the                     Department of Commerce.
                                              assessment instructions to CBP 15 days                  manufacturer is, the cash deposit rate
                                                                                                                                                            DATES: Applicable October 24, 2018.
                                              after the date of publication of the final              will be the rate established for the most
                                              results of this review.                                 recently completed segment of the                     FOR FURTHER INFORMATION CONTACT:
                                                 For entries of subject merchandise                   proceeding for the manufacturer of the                Jonathan Hill at (202) 482–3518 or
                                              during the POR produced by each                         merchandise; and (4) the cash deposit                 Patrick O’Connor at (202) 482–0989,
                                              respondent for which it did not know its                rate for all other manufacturers or                   AD/CVD Operations, Office IV,
                                              merchandise was destined for the                        exporters will continue to be 7.51                    Enforcement and Compliance,
                                              United States, we will instruct CBP to                  percent ad valorem, the all-others rate               International Trade Administration,
                                              liquidate such entries at the all-others                established in the less-than-fair value               U.S. Department of Commerce, 1401
                                              rate if there is no rate for the                        investigation.                                        Constitution Avenue NW, Washington,
                                              intermediate company(ies) involved in                                                                         DC 20230.
                                              the transaction.12 Where either the                     Notification to Importers                             SUPPLEMENTARY INFORMATION:
                                              respondent’s weighted-average dumping                     This notice also serves as a                        Background
                                              margin is zero or de minimis, or an                     preliminary reminder to importers of
                                              importer-specific assessment rate is zero                                                                        On July 10, 2018, the Department of
                                                                                                      their responsibility under 19 CFR
                                              or de minimis, we will instruct CBP to                                                                        Commerce (Commerce) initiated a less-
                                                                                                      351.402(f) to file a certificate regarding
                                              liquidate the appropriate entries                                                                             than-fair-value (LTFV) investigation of
                                                                                                      the reimbursement of antidumping
                                              without regard to antidumping duties.                                                                         imports of steel racks and parts thereof
                                                                                                      duties prior to liquidation of the
                                                 For the company for which this                                                                             (steel racks) from the People’s Republic
                                                                                                      relevant entries during this review
                                              review is rescinded, antidumping duties                                                                       of China.1 Currently, the preliminary
                                                                                                      period. Failure to comply with this
                                              will be assessed at rates equal to the                                                                        determination is due no later than
                                                                                                      requirement could result in Commerce’s
                                              cash deposit of estimated antidumping                                                                         November 27, 2018.
                                                                                                      presumption that reimbursement of
                                              duties required at the time of entry, or                antidumping duties occurred and the                   Postponement of Preliminary
                                              withdrawn from warehouse, for                           subsequent assessment of double                       Determination
                                              consumption, in accordance with 19                      antidumping duties.
                                              CFR 351.212(c)(1)(i). Commerce intends                                                                          Section 733(b)(1)(A) of the Tariff Act
                                              to issue appropriate assessment                         Notification to Interested Parties                    of 1930, as amended (the Act), requires
                                              instructions directly to CBP 15 days                                                                          Commerce to issue the preliminary
                                              after publication of this notice. The final                These preliminary results and partial              determination in an LTFV investigation
                                              results of this review shall be the basis               rescission of administrative review are               within 140 days after the date on which
                                              for the assessment of antidumping                       issued and published in accordance                    Commerce initiated the investigation.
                                              duties on entries of merchandise                        with sections 751(a)(1) and 777(i)(1) of              However, section 733(c)(1) of the Act
                                              covered by the final results of this                    the Act and 19 CFR 351.213(h)(1).                     permits Commerce to postpone the
                                              review and for future deposits of                         Dated: October 18, 2018.                            preliminary determination until no later
                                              estimated duties, where applicable.                     James Maeder,
                                                                                                                                                            than 190 days after the date on which
                                                                                                                                                            Commerce initiated the investigation if:
                                              Cash Deposit Requirement                                Associate Deputy Assistant Secretary for
                                                                                                                                                            (A) The petitioner makes a timely
                                                                                                      Antidumping and Countervailing Duty
                                                The following cash deposit                            Operations, performing the duties of Deputy           request for a postponement; or (B)
                                              requirements will be effective upon                     Assistant Secretary for Antidumping and               Commerce concludes that the parties
                                              publication of the notice of the final                  Countervailing Duty Operations.                       concerned are cooperating, and
                                              results of administrative review for all                                                                      determines that the investigation is
                                              shipments of pipe fittings from Malaysia                Appendix                                              extraordinarily complicated and that
                                              entered, or withdrawn from warehouse,                   List of Topics Discussed in the Preliminary           additional time is necessary to make a
                                              for consumption on or after the date of                 Decision Memorandum                                   preliminary determination. Under 19
                                              publication of the final results of this                I. Summary
                                                                                                                                                            CFR 351.205(e), the petitioner must
                                              administrative review, as provided by                   II. Background                                        submit a request for postponement 25
                                              section 751(a)(2)(C) of the Act: (1) The                III. Scope of the Order                               days or more before the scheduled date
amozie on DSK3GDR082PROD with NOTICES1




                                              cash deposit rate for the companies                     IV. Partial Rescission of Administrative              of the preliminary determination and
                                              under review will be the rate                                 Review                                          must state the reasons for the request.
                                              established in the final results of this                V. Use of Facts Otherwise Available and               Commerce will grant the request unless
                                                                                                            Adverse Interferences
                                                11 Seesection 751(a)(3)(A) of the Act.                VI. Recommendation                                       1 See Steel Racks from the People’s Republic of
                                                12 SeeAntidumping and Countervailing Duty                                                                   China: Initiation of Less-Than-Fair-Value
                                                                                                      [FR Doc. 2018–23222 Filed 10–23–18; 8:45 am]
                                              Proceedings: Assessment of Antidumping Duties, 68                                                             Investigation, 83 FR 33195 (July 17, 2018)
                                              FR 23954 (May 6, 2003).                                 BILLING CODE 3510–DS–P                                (Initiation Notice).



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Document Created: 2018-10-24 00:25:21
Document Modified: 2018-10-24 00:25:21
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 24, 2018.
ContactMadeline R. Heeren or Tyler Weinhold, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-9179 or (202) 482-1121, respectively.
FR Citation83 FR 53604 

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