83 FR 60396 - Forged Steel Fittings From the People's Republic of China: Countervailing Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 227 (November 26, 2018)
International Trade Administration
Federal Register Volume 83, Issue 227 (November 26, 2018)
| Page Range | 60396-60397 | |
| FR Document | 2018-25704 |
[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)] [Notices] [Pages 60396-60397] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25704] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-068] Forged Steel Fittings From the People's Republic of China: Countervailing Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing a countervailing duty order on forged steel fittings from the People's Republic of China (China). DATES: Applicable November 26, 2018. FOR FURTHER INFORMATION CONTACT: Brian Smith or Janae Martin, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-1766 or (202) 482- 0238, respectively. SUPPLEMENTARY INFORMATION: Background On October 5, 2018, Commerce published its final determination in the countervailing duty investigation of forged steel fittings from China.\1\ On November 19, 2018, the ITC notified Commerce of its final determination, pursuant to section 705(d) of the Act, that an industry in the United States is materially injured within the meaning of section 705(b)(1)(A)(i) of the Act, by reason of subsidized imports of forged steel fittings from China.\2\ --------------------------------------------------------------------------- \1\ See Forged Steel Fittings from the People's Republic of China: Final Affirmative Countervailing Duty Determination, 83 FR 50342 (October 5, 2018) (Final Determination). \2\ See ITC Notification Letter to the Deputy Assistant Secretary for Enforcement and Compliance, referencing ITC Investigation Nos. 701-TA-589 and 731-TA-1394-95, dated November 19, 2018 (ITC Notification). --------------------------------------------------------------------------- Scope of the Order \3\ --------------------------------------------------------------------------- \3\ See Memorandum to the File, ``Placing Carbon Steel Butt Weld Pipe Fitting Scope Ruling on the Record, dated September 19, 2018. --------------------------------------------------------------------------- The products covered by this order are forged steel fittings from China. For a complete description of the scope of this order, see the Appendix to this notice. Countervailing Duty Order On November 19, 2018, in accordance with section 705(d) of the Act, the ITC notified Commerce of its final determination in this investigation, in which it found that imports of forged steel fittings are materially injuring a U.S. industry.\4\ Therefore, in accordance with section 705(c)(2) of the Act, we are publishing this countervailing duty order. --------------------------------------------------------------------------- \4\ See ITC Notification; see also Forged Steel Fittings from China and Italy (Inv. Nos. 701-TA-589 and 731-TA-1394-1395 (Final), USITC Publication 4850, November 2018). --------------------------------------------------------------------------- As a result of the ITC's final determination, in accordance with section 706(a) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, countervailing duties on unliquidated entries of subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after March 14, 2018, the date on which Commerce published its preliminary countervailing duty determination in the Federal Register,\5\ and before July 11, 2018, the effective date on which Commerce instructed CBP to discontinue the suspension of liquidation in accordance with section 703(d) of the Act. Section 703(d) of the Act states that the suspension of liquidation pursuant to a preliminary determination may not remain in effect for more than four months. Therefore, entries of subject merchandise from China made on or after July 11, 2018, and prior to the date of publication of the ITC's final determination in the Federal Register are not liable for the assessment of countervailing duties due to Commerce's discontinuation of the suspension of liquidation. --------------------------------------------------------------------------- \5\ See Forged Steel Fittings from the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Duty Determination, 83 FR 11170 (March 14, 2018). --------------------------------------------------------------------------- Suspension of Liquidation In accordance with section 706 of the Act, Commerce will direct CBP to reinstitute the suspension of liquidation of subject merchandise from China, effective the date of publication of the ITC's notice of final determination in the Federal Register, and to assess, upon further instruction by Commerce pursuant to section 706(a)(1) of the Act, countervailing duties for each entry of the subject merchandise in an amount based on the net countervailable subsidy rates for the subject merchandise. On or after the date of publication of the ITC's final injury determination in the Federal Register, we will instruct CBP to require, at the same time as importers would normally deposit estimated duties on this merchandise, cash deposits for each entry of subject merchandise equal to the rates noted below. These instructions suspending liquidation will remain in effect until further notice. The all others rate applies to all producers or exporters not specifically listed, as appropriate. ------------------------------------------------------------------------ Subsidy Company rate (percent) ------------------------------------------------------------------------ Both-Well (Taizhou) Steel Fittings, Co., Ltd................ 13.41 All-Others.................................................. 13.41 ------------------------------------------------------------------------ Notifications to Interested Parties This notice constitutes the countervailing duty order with respect to forged steel fittings from China pursuant to section 706(a) of the Act. Interested parties can find a list of countervailing duty orders currently in [[Page 60397]] effect at http://enforcement.trade.gov/stats/iastatsl.html. This order is issued and published in accordance with section 706(a) of the Act and 19 CFR 351.211(b). Dated: November 20, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Order The merchandise covered by this order is carbon and alloy forged steel fittings, whether unfinished (commonly known as blanks or rough forgings) or finished. Such fittings are made in a variety of shapes including, but not limited to, elbows, tees, crosses, laterals, couplings, reducers, caps, plugs, bushings, unions, and outlets. Forged steel fittings are covered regardless of end finish, whether threaded, socket-weld or other end connections. While these fittings are generally manufactured to specifications ASME B16.11, MSS SP-79, MSS SP-83, MSS SP-97, ASTM A105, ASTM A350, and ASTM A182, the scope is not limited to fittings made to these specifications. The term forged is an industry term used to describe a class of products included in applicable standards and does not reference an exclusive manufacturing process. Forged steel fittings are not manufactured from casting. Pursuant to the applicable specifications, subject fittings may also be machined from bar stock or machined from seamless pipe and tube. All types of fittings are included in the scope regardless of nominal pipe size (which may or may not be expressed in inches of nominal pipe size), pressure rating (usually, but not necessarily expressed in pounds of pressure/PSI, e.g., 2,000 or 2M; 3,000 or 3M; 6,000 or 6M; 9,000 or 9M), wall thickness, and whether or not heat treated. Excluded from this scope are all fittings entirely made of stainless steel. Also excluded are flanges, butt weld fittings, butt weld outlets, nipples, and all fittings that have a maximum pressure rating of 300 pounds of pressure/PSI or less. Also excluded are fittings certified or made to the following standards, so long as the fittings are not also manufactured to the specifications of ASME B16.11, MSS SP-79, MSS SP-83, MSS SP-97, ASTM A105, ASTM A350, and ASTM A182:American Petroleum Institute (API) API 5CT, API 5L, or API 11B Society of Automotive Engineering (SAE) SAE J476, SAE J514, SAE J516, SAE J517, SAE J518, SAE J1026, SAE J1231, SAE J1453, SAE J1926, J2044 or SAE AS 35411 Underwriter's Laboratories (UL) certified electrical conduit fittings ASTM A153, A536, A576, or A865 Casing Conductor Connectors 16-42 inches in diameter made to proprietary specifications Military Specification (MIL) MIL-C-4109F and MIL-F-3541 International Organization for Standardization (ISO) ISO6150-B To be excluded from the scope, products must have the appropriate standard or pressure markings and/or accompanied by documentation showing product compliance to the applicable standard or pressure, e.g., ``API 5CT'' mark and/or a mill certification report. Subject carbon and alloy forged steel fittings are normally entered under Harmonized Tariff Schedule of the United States (HTSUS) 7307.99.1000, 7307.99.3000, 7307.99.5045, and 7307.99.5060. They also may be entered under HTSUS 7307.92.3010, 7307.92.3030, 7307.92.9000, and 7326.19.0010. The HTSUS subheadings and specifications are provided for convenience and customs purposes; the written description of the scope is dispositive. [FR Doc. 2018-25704 Filed 11-23-18; 8:45 am] BILLING CODE 3510-DS-P
![60396 Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Notices
United States and which is owned, and Compliance, International Trade the Federal Register,5 and before July
possessed or controlled by the Denied Administration, U.S. Department of 11, 2018, the effective date on which
Person, or service any item, of whatever Commerce, 1401 Constitution Avenue Commerce instructed CBP to
origin, that is owned, possessed or NW, Washington, DC 20230; telephone discontinue the suspension of
controlled by the Denied Person if such (202) 482–1766 or (202) 482–0238, liquidation in accordance with section
service involves the use of any item respectively. 703(d) of the Act. Section 703(d) of the
subject to the Regulations that has been Act states that the suspension of
SUPPLEMENTARY INFORMATION:
or will be exported from the United liquidation pursuant to a preliminary
States. For purposes of this paragraph, Background determination may not remain in effect
servicing means installation, for more than four months. Therefore,
maintenance, repair, modification or On October 5, 2018, Commerce entries of subject merchandise from
testing. published its final determination in the China made on or after July 11, 2018,
Third, after notice and opportunity for countervailing duty investigation of and prior to the date of publication of
comment as provided in Section 766.23 forged steel fittings from China.1 On the ITC’s final determination in the
of the Regulations, any other person, November 19, 2018, the ITC notified Federal Register are not liable for the
firm, corporation, or business Commerce of its final determination, assessment of countervailing duties due
organization related to Justice by pursuant to section 705(d) of the Act, to Commerce’s discontinuation of the
ownership, control, position of that an industry in the United States is suspension of liquidation.
responsibility, affiliation, or other materially injured within the meaning
of section 705(b)(1)(A)(i) of the Act, by Suspension of Liquidation
connection in the conduct of trade or
business may also be made subject to reason of subsidized imports of forged
steel fittings from China.2 In accordance with section 706 of the
the provisions of this Order in order to Act, Commerce will direct CBP to
prevent evasion of this Order. Scope of the Order 3 reinstitute the suspension of liquidation
Fourth, in accordance with Part 756 of of subject merchandise from China,
the Regulations, Justice may file an The products covered by this order
effective the date of publication of the
appeal of this Order with the Under are forged steel fittings from China. For
ITC’s notice of final determination in
Secretary of Commerce for Industry and a complete description of the scope of
the Federal Register, and to assess,
Security. The appeal must be filed this order, see the Appendix to this
upon further instruction by Commerce
within 45 days from the date of this notice.
pursuant to section 706(a)(1) of the Act,
Order and must comply with the Countervailing Duty Order countervailing duties for each entry of
provisions of Part 756 of the the subject merchandise in an amount
Regulations. On November 19, 2018, in accordance
based on the net countervailable
Fifth, a copy of this Order shall be with section 705(d) of the Act, the ITC
subsidy rates for the subject
delivered to Justice and shall be notified Commerce of its final
merchandise. On or after the date of
published in the Federal Register. determination in this investigation, in
publication of the ITC’s final injury
Sixth, this Order is effective which it found that imports of forged
determination in the Federal Register,
immediately and shall remain in effect steel fittings are materially injuring a
we will instruct CBP to require, at the
until September 19, 2027. U.S. industry.4 Therefore, in accordance
same time as importers would normally
with section 705(c)(2) of the Act, we are
Issued this 15th day of November, 2018. deposit estimated duties on this
publishing this countervailing duty
Karen H. Nies-Vogel, merchandise, cash deposits for each
order.
Director, Office of Exporter Services. entry of subject merchandise equal to
As a result of the ITC’s final the rates noted below. These
[FR Doc. 2018–25619 Filed 11–23–18; 8:45 am]
determination, in accordance with instructions suspending liquidation will
BILLING CODE P section 706(a) of the Act, Commerce remain in effect until further notice. The
will direct U.S. Customs and Border all others rate applies to all producers
Protection (CBP) to assess, upon further or exporters not specifically listed, as
DEPARTMENT OF COMMERCE
instruction by Commerce, appropriate.
International Trade Administration countervailing duties on unliquidated
entries of subject merchandise from Subsidy
[C–570–068] China entered, or withdrawn from Company rate
warehouse, for consumption on or after (percent)
Forged Steel Fittings From the March 14, 2018, the date on which
People’s Republic of China: Commerce published its preliminary Both-Well (Taizhou) Steel Fit-
Countervailing Duty Order tings, Co., Ltd .......................... 13.41
countervailing duty determination in All-Others .................................... 13.41
AGENCY: Enforcement and Compliance,
International Trade Administration, 1 See Forged Steel Fittings from the People’s
Notifications to Interested Parties
Department of Commerce. Republic of China: Final Affirmative Countervailing
Duty Determination, 83 FR 50342 (October 5, 2018)
SUMMARY: Based on affirmative final
(Final Determination).
This notice constitutes the
determinations by the Department of 2 See ITC Notification Letter to the Deputy countervailing duty order with respect
Commerce (Commerce) and the Assistant Secretary for Enforcement and to forged steel fittings from China
International Trade Commission (ITC), Compliance, referencing ITC Investigation Nos. pursuant to section 706(a) of the Act.
Commerce is issuing a countervailing 701–TA–589 and 731–TA–1394–95, dated Interested parties can find a list of
November 19, 2018 (ITC Notification).
duty order on forged steel fittings from 3 See Memorandum to the File, ‘‘Placing Carbon
countervailing duty orders currently in
the People’s Republic of China (China). Steel Butt Weld Pipe Fitting Scope Ruling on the
DATES: Applicable November 26, 2018. Record, dated September 19, 2018. 5 See Forged Steel Fittings from the People’s
4 See ITC Notification; see also Forged Steel Republic of China: Preliminary Affirmative
FOR FURTHER INFORMATION CONTACT:
Fittings from China and Italy (Inv. Nos. 701–TA– Countervailing Duty Determination and Alignment
Brian Smith or Janae Martin, AD/CVD 589 and 731–TA–1394–1395 (Final), USITC of Final Determination with Final Antidumping
Operations, Office VIII, Enforcement Publication 4850, November 2018). Duty Determination, 83 FR 11170 (March 14, 2018).
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![Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Notices 60397
effect at http://enforcement.trade.gov/ • International Organization for November 19, 2018, the ITC notified
stats/iastatsl.html. Standardization (ISO) ISO6150–B Commerce of its final determinations,
This order is issued and published in To be excluded from the scope, products pursuant to section 735(d) of the Act,
accordance with section 706(a) of the must have the appropriate standard or
that an industry in the United States is
pressure markings and/or accompanied by
Act and 19 CFR 351.211(b). materially injured within the meaning
documentation showing product compliance
Dated: November 20, 2018. to the applicable standard or pressure, e.g., of section 735(b)(1)(A)(i) of the Act by
Gary Taverman, ‘‘API 5CT’’ mark and/or a mill certification reason of LTFV imports of forged steel
Deputy Assistant Secretary for Antidumping report. fittings from Italy and China.2
and Countervailing Duty Operations, Subject carbon and alloy forged steel Scope of the Orders 3
performing the non-exclusive functions and fittings are normally entered under
duties of the Assistant Secretary for Harmonized Tariff Schedule of the United The products covered by these orders
Enforcement and Compliance. States (HTSUS) 7307.99.1000, 7307.99.3000, are forged steel fittings from Italy and
7307.99.5045, and 7307.99.5060. They also China. For a complete description of the
Appendix may be entered under HTSUS 7307.92.3010, scope of these orders, see the Appendix
Scope of the Order 7307.92.3030, 7307.92.9000, and to this notice.
7326.19.0010. The HTSUS subheadings and
The merchandise covered by this order is specifications are provided for convenience Antidumping Duty Orders
carbon and alloy forged steel fittings,
and customs purposes; the written On November 19, 2018, in accordance
whether unfinished (commonly known as
description of the scope is dispositive.
blanks or rough forgings) or finished. Such with section 735(d) of the Act, the ITC
fittings are made in a variety of shapes [FR Doc. 2018–25704 Filed 11–23–18; 8:45 am] notified Commerce of its final
including, but not limited to, elbows, tees, BILLING CODE 3510–DS–P determinations in these investigations,
crosses, laterals, couplings, reducers, caps, in which it found that an industry in the
plugs, bushings, unions, and outlets. Forged
steel fittings are covered regardless of end
United States is materially injured by
DEPARTMENT OF COMMERCE reason of imports of forged steel fittings
finish, whether threaded, socket-weld or
other end connections. from Italy and China.4 Therefore, in
International Trade Administration
While these fittings are generally accordance with section 735(c)(2) of the
manufactured to specifications ASME [A–475–839, A–570–067] Act, Commerce is issuing these
B16.11, MSS SP–79, MSS SP–83, MSS SP– antidumping duty orders. Because the
97, ASTM A105, ASTM A350, and ASTM Forged Steel Fittings From Italy and ITC determined that imports of forged
A182, the scope is not limited to fittings the People’s Republic of China: steel fittings from Italy and China are
made to these specifications. Antidumping Duty Orders
The term forged is an industry term used materially injuring a U.S. industry,
to describe a class of products included in AGENCY: Enforcement and Compliance, unliquidated entries of such
applicable standards and does not reference International Trade Administration, merchandise from Italy and China,
an exclusive manufacturing process. Forged Department of Commerce. entered or withdrawn from warehouse
steel fittings are not manufactured from for consumption, are subject to the
casting. Pursuant to the applicable SUMMARY: Based on affirmative final
assessment of antidumping duties.
specifications, subject fittings may also be determinations by the Department of Therefore, in accordance with section
machined from bar stock or machined from Commerce (Commerce) and the 736(a)(1) of the Act, Commerce will
seamless pipe and tube. International Trade Commission (ITC),
All types of fittings are included in the direct U.S. Customs and Border
Commerce is issuing antidumping duty Protection (CBP) to assess, upon further
scope regardless of nominal pipe size (which
may or may not be expressed in inches of
orders on forged steel fittings from Italy instruction by Commerce, antidumping
nominal pipe size), pressure rating (usually, and the People’s Republic of China duties equal to the amount by which the
but not necessarily expressed in pounds of (China). normal value of the merchandise
pressure/PSI, e.g., 2,000 or 2M; 3,000 or 3M; DATES: Applicable November 26, 2018. exceeds the export price (or constructed
6,000 or 6M; 9,000 or 9M), wall thickness, export price) of the merchandise, for all
and whether or not heat treated. FOR FURTHER INFORMATION CONTACT:
Excluded from this scope are all fittings Michael Bowen at (202) 482–0768 (Italy) relevant entries of forged steel fittings
entirely made of stainless steel. Also or Kate Johnson at (202) 482–4929 from Italy and China. With the
excluded are flanges, butt weld fittings, butt (China), AD/CVD Operations, exception of entries occurring after the
weld outlets, nipples, and all fittings that Enforcement and Compliance, expiration of the provisional measures
have a maximum pressure rating of 300 International Trade Administration, period and before publication of the
pounds of pressure/PSI or less. ITC’s final affirmative injury
Also excluded are fittings certified or made
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, determinations, as further described
to the following standards, so long as the
fittings are not also manufactured to the DC 20230. below, antidumping duties will be
specifications of ASME B16.11, MSS SP–79, assessed on unliquidated entries of
SUPPLEMENTARY INFORMATION:
MSS SP–83, MSS SP–97, ASTM A105, forged steel fittings from Italy and China
ASTM A350, and ASTM A182: Background entered, or withdrawn from warehouse,
• American Petroleum Institute (API) API In accordance with sections 735(d)
5CT, API 5L, or API 11B and 777(i)(1) of the Tariff Act of 1930, Determination of Sales at Less Than Fair Value, 83
• Society of Automotive Engineering (SAE) FR 50339 (October 5, 2018).
SAE J476, SAE J514, SAE J516, SAE J517,
as amended (the Act), and 19 CFR 2 See ITC Notification Letter to the Deputy
SAE J518, SAE J1026, SAE J1231, SAE 351.210(c), on October 5, 2018, Assistant Secretary for Enforcement and
J1453, SAE J1926, J2044 or SAE AS 35411 Commerce published its final Compliance, referencing ITC Investigation Nos.
701–TA–589 and 731–TA–1394–95, dated
• Underwriter’s Laboratories (UL) certified determinations in the less-than-fair-
November 19, 2018 (ITC Notification).
electrical conduit fittings value (LTFV) investigations of forged 3 See Memorandum, ‘‘Placing Carbon Steel Butt
• ASTM A153, A536, A576, or A865 steel fittings from Italy and China.1 On Weld Pipe Fitting Scope Ruling on the Record,’’
• Casing Conductor Connectors 16–42 inches dated September 19, 2018.
in diameter made to proprietary 1 See Forged Steel Fittings from Italy: Final 4 See ITC Notification; see also Forged Steel
specifications Determination of Sales at Less Than Fair Value, 83 Fittings from China and Italy (Inv. Nos. 701–TA–
• Military Specification (MIL) MIL–C–4109F FR 50345 (October 5, 2018); and Forged Steel 589 and 731–TA–1394–1395 (Final), USITC
and MIL–F–3541 Fittings from the People’s Republic of China: Final Publication 4850, November 2018).
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Document Created: 2018-11-24 00:52:21
Document Modified: 2018-11-24 00:52:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable November 26, 2018. | |
| Contact | Brian Smith or Janae Martin, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-1766 or (202) 482- 0238, respectively. | |
| FR Citation | 83 FR 60396 |
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