83 FR 60445 - Forged Steel Fittings From China and Italy

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 83, Issue 227 (November 26, 2018)

Page Range		60445-60446
FR Document		2018-25612
Federal Register, Volume 83 Issue 227 (Monday, November 26, 2018)
[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)]
[Notices]
[Pages 60445-60446]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25612]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-589 and 731-TA-1394-1395 (Final)]


Forged Steel Fittings From China and Italy

Determinations

    On the basis of the record \1\ developed in the subject 
investigations, the United States International Trade Commission 
(``Commission'') determines, pursuant to the Tariff Act of 1930 (``the 
Act''), that an industry in the United States is materially injured by 
reason of imports of forged steel fittings from China and Italy that 
have been found by the U.S. Department of Commerce (``Commerce'') to be 
sold in the United States at less than fair value (``LTFV''), and to be 
subsidized by the government of China.
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
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Background

    The Commission instituted these investigations effective October 5, 
2017, following receipt of a petition filed with the Commission and 
Commerce by Bonney Forge Corporation, Mount Union, Pennsylvania, and 
the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, 
Allied Industrial and Service Workers International Union, Pittsburgh, 
Pennsylvania. Effective May 17, 2018, the Commission established a 
general schedule for the conduct of the final phase of its 
investigations on forged steel fittings, following notification of 
preliminary determinations by Commerce that imports of forged steel 
fittings from China, Italy, and Taiwan were being sold at LTFV within 
the meaning of 733(b) of the Act (19 U.S.C. 1673b(b)).\2\ Notice of the 
scheduling of the final phase of the Commission's investigations and of 
a public hearing to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission,

[[Page 60446]]

Washington, DC, and by publishing the notice in the Federal Register on 
June 4, 2018 (83 FR 25715). The hearing was held in Washington, DC, on 
August 2, 2018, and all persons who requested the opportunity were 
permitted to appear in person or by counsel. The Commission 
subsequently issued its final affirmative determination regarding 
dumped imports of forged steel fittings from Taiwan on September 14, 
2018 (83 FR 47640, September 20, 2018). Following notification of final 
determinations by Commerce that imports of forged steel fittings from 
Italy and China were being sold at LTFV within the meaning of section 
735(a) of the Act (19 U.S.C. 1673d(a)),\3\ and subsidized by the 
government of China within meaning of section 705(a) of the Act (19 
U.S.C. 1671d(a)),\4\ notice of the supplemental schedule of the final 
phase of the Commission's antidumping and countervailing duty 
investigations with respect to China and Italy was given by posting 
copies of the notice in the Office of the Secretary, U.S. International 
Trade Commission, Washington, DC, and by publishing the notice in the 
Federal Register of October 22, 2018 (83 FR 53295).
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    \2\ Forged Steel Fittings from the People's Republic of China: 
Affirmative Preliminary Determination of Sales at Less Than Fair 
Value, Postponement of Final Determination and Extension of 
Provisional Measures, 83 FR 22948, May 17, 2018; Forged Steel 
Fittings From Italy: Preliminary Affirmative Determination of Sales 
at Less Than Fair Value, Postponement of Final Determination and 
Extension of Provisional Measures, 83 FR 22954, May 17, 2018; and 
Forged Steel Fittings from Taiwan: Affirmative Preliminary 
Determination of Sales at Less Than Fair Value, 83 FR 22957, May 17, 
2018; see also 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.
    \3\ Forged Steel Fittings from the People's Republic of China: 
Final Determination of Sales at Less Than Fair Value, 83 FR 50339, 
October 5, 2018 and Forged Steel Fittings from Italy: Final 
Determination of Sales at Less Than Fair Value, 83 FR 50345, October 
5, 2018.
    \4\ Forged Steel Fittings from the People's Republic of China: 
Final Affirmative Countervailing Duty Determination, 83 FR 50342, 
October 5, 2018.
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    The Commission made these determinations pursuant to sections 
705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 
1673d(b)). It completed and filed its determinations in these 
investigations on November 19, 2018. The views of the Commission are 
contained in USITC Publication 4850 (November 2018), entitled Forged 
Steel Fittings from China and Italy: Investigation Nos. 701-TA-589 and 
731-TA-1394-1395 (Final).

    By order of the Commission.

    Issued: November 19, 2018.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2018-25612 Filed 11-23-18; 8:45 am]
 BILLING CODE 7020-02-P
Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Notices 60445

collection requirements and provide the withdrawal of trust funds, tribes are INTERNATIONAL TRADE
requested data in the desired format. required to submit a Management Plan COMMISSION
We are soliciting comments on the for managing the funds being
proposed ICR that is described below. [Investigation Nos. 701–TA–589 and 731–
withdrawn, to protect the funds once TA–1394–1395 (Final)]
We are especially interested in public they are out of trust status.
comment addressing the following Forged Steel Fittings From China and
issues: (1) Is the collection necessary to This information collection allows the
OST to collect the tribes’ applications Italy
the proper functions of the OST; (2) will
this information be processed and used for withdrawal of funds held in trust by Determinations
in a timely manner; (3) is the estimate the Department of the Interior. If OST
On the basis of the record 1 developed
of burden accurate; (4) how might the did not collect this information, the
in the subject investigations, the United
OST enhance the quality, utility, and OST would not be able to comply with States International Trade Commission
clarity of the information to be the American Indian Trust Fund (‘‘Commission’’) determines, pursuant
collected; and (5) how might the OST Management Reform Act of 1994, and to the Tariff Act of 1930 (‘‘the Act’’),
minimize the burden of this collection tribes would not be able to withdraw that an industry in the United States is
on the respondents, including through funds held for them in trust by the materially injured by reason of imports
the use of information technology. Department of the Interior. of forged steel fittings from China and
Comments that you submit in Italy that have been found by the U.S.
Title of Collection: Application to
response to this notice are a matter of Department of Commerce (‘‘Commerce’’)
public record. We will include or Withdraw Tribal Funds from Trust
Status, 25 CFR 1200. to be sold in the United States at less
summarize each comment in our request
than fair value (‘‘LTFV’’), and to be
to OMB to approve this ICR. Before OMB Control Number: 1035–0003.
subsidized by the government of China.
including your address, phone number, Form Number: None.
email address, or other personal Background
identifying information in your Type of Review: Extension of a
currently approved collection. The Commission instituted these
comment, you should be aware that investigations effective October 5, 2017,
your entire comment—including your Respondents/Affected Public: Tribal following receipt of a petition filed with
personal identifying information—may governments. the Commission and Commerce by
be made publicly available at any time. Total Estimated Number of Annual Bonney Forge Corporation, Mount
While you can ask us in your comment Respondents: One respondent, on Union, Pennsylvania, and the United
to withhold your personal identifying Steel, Paper and Forestry, Rubber,
average, every three years.
information from public review, we Manufacturing, Energy, Allied
cannot guarantee that we will be able to Total Estimated Number of Annual
Industrial and Service Workers
do so. Responses: 1.
International Union, Pittsburgh,
Abstract: This notice is for renewal of Estimated Completion Time per Pennsylvania. Effective May 17, 2018,
information collection under OMB Response: 750 hours. the Commission established a general
regulations at 5 CFR part 1320 that
Total Estimated Number of Annual schedule for the conduct of the final
implement the Paperwork Reduction
Burden Hours: 750. phase of its investigations on forged
Act of 1995, 44 U.S.C. 3501 et seq.
steel fittings, following notification of
These regulations require interested Respondent’s Obligation: Required to
members of the public and affected preliminary determinations by
obtain or retain a benefit.
agencies have an opportunity to Commerce that imports of forged steel
Frequency of Collection: Once per fittings from China, Italy, and Taiwan
comment on information collection and
tribe per trust fund withdrawal were being sold at LTFV within the
recordkeeping activities (see 5 CFR
application. meaning of 733(b) of the Act (19 U.S.C.
1320.8 (d)). This notice identifies an
information collection activity that the Total Estimated Annual Non-hour 1673b(b)).2 Notice of the scheduling of
OST is submitting to OMB for renewal. Burden Cost: None. the final phase of the Commission’s
Public Law 103–412, The American investigations and of a public hearing to
An agency may not conduct or be held in connection therewith was
Indian Trust Fund Management Reform sponsor and a person is not required to
Act of 1994, allows Indian tribes on a given by posting copies of the notice in
respond to a collection of information the Office of the Secretary, U.S.
voluntary basis to take their funds out
unless it displays a currently valid OMB International Trade Commission,
of trust status within the Department of
control number.
the Interior (and the Federal
1 The record is defined in sec. 207.2(f) of the
Government) in order to manage such The authority for this action is the
Commission’s Rules of Practice and Procedure (19
funds on their own. 25 CFR part 1200, Paperwork Reduction Act of 1995 (44 CFR 207.2(f)).
subpart B, Sec. 1200.13, ‘‘How does a U.S.C. 3501 et seq.). 2 Forged Steel Fittings from the People’s Republic

tribe apply to withdraw funds?’’ of China: Affirmative Preliminary Determination of
Jerold Gidner, Sales at Less Than Fair Value, Postponement of
describes the requirements for
Principal Deputy Special Trustee, Office of Final Determination and Extension of Provisional
application for withdrawal. The Act Measures, 83 FR 22948, May 17, 2018; Forged Steel
covers all tribal trust funds including the Special Trustee for American Indians.
Fittings From Italy: Preliminary Affirmative
judgment funds as well as some [FR Doc. 2018–25726 Filed 11–23–18; 8:45 am] Determination of Sales at Less Than Fair Value,
settlements funds, but excludes funds BILLING CODE 4334–63–P Postponement of Final Determination and
Extension of Provisional Measures, 83 FR 22954,
held in Individual Indian Money May 17, 2018; and Forged Steel Fittings from
accounts. Both the Act and the Taiwan: Affirmative Preliminary Determination of
regulations state that upon withdrawal Sales at Less Than Fair Value, 83 FR 22957, May
of the funds, the Department of the 17, 2018; see also Forged Steel Fittings from the
People’s Republic of China: Preliminary Affirmative
Interior (and the Federal Government) Countervailing Duty Determination and Alignment
have no further liability for such funds. of Final Determination With Final Antidumping
Accompanying their application for Duty Determination, 83 FR 11170, March 14, 2018.

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60446 Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Notices

Washington, DC, and by publishing the 15 U.S.C. § 16(b)–(h), that one comment Virginia. The United States filed a civil
notice in the Federal Register on June was received concerning the proposed antitrust Complaint on June 22, 2018,
4, 2018 (83 FR 25715). The hearing was Final Judgment in this case, and that seeking to enjoin the proposed
held in Washington, DC, on August 2, comment together with the Response of acquisition. The Complaint alleged that
2018, and all persons who requested the the United States to Public Comment the likely effect of this acquisition
opportunity were permitted to appear in have been filed with the United States would be to lessen competition
person or by counsel. The Commission District Court for the District of substantially in the markets for
subsequently issued its final affirmative Columbia in United States of America v. aggregate and asphalt concrete that are
determination regarding dumped CRH plc, et al., Civil Action No. 1:18– used in West Virginia Department of
imports of forged steel fittings from cv–1473. Copies of the comment and the Transportation (‘‘WVDOT’’) road
Taiwan on September 14, 2018 (83 FR United States’ Response are available for projects in southern West Virginia. This
47640, September 20, 2018). Following inspection on the Antitrust Division’s loss of competition likely would result
notification of final determinations by website at http://www.justice.gov/atr in increased prices and decreased
Commerce that imports of forged steel and at the Office of the Clerk of the service in these markets. Therefore, the
fittings from Italy and China were being United States District Court for the Complaint alleged that the proposed
sold at LTFV within the meaning of District of Columbia. Copies of these acquisition violates Section 7 of the
section 735(a) of the Act (19 U.S.C. materials may be obtained from the Clayton Act, 15 U.S.C. § 18, and should
1673d(a)),3 and subsidized by the Antitrust Division upon request and be enjoined.
government of China within meaning of payment of the copying fee set by Simultaneously with the filing of the
section 705(a) of the Act (19 U.S.C. Department of Justice regulations. Complaint, the United States filed a
1671d(a)),4 notice of the supplemental proposed Final Judgment, a Stipulation
Patricia A. Brink,
schedule of the final phase of the signed by Plaintiff and Defendants
Director of Civil Enforcement. consenting to entry of the proposed
Commission’s antidumping and
countervailing duty investigations with United States District Court for the Final Judgment after compliance with
respect to China and Italy was given by District of Columbia the requirements of the Tunney Act, 16
posting copies of the notice in the Office U.S.C. § 16, and a Competitive Impact
of the Secretary, U.S. International United States of America, Plaintiff, v. CRH Statement (‘‘CIS’’) describing the
PLC, CRH Americas Materials, Inc., and transaction and the proposed Final
Trade Commission, Washington, DC, Pounding Mill Quarry Corporation,
and by publishing the notice in the Judgment. The United States published
Defendants. the proposed Final Judgment and the
Federal Register of October 22, 2018 (83 Case No. 18–cv–1473–DLF
FR 53295). CIS in the Federal Register on July 2,
Judge: Dabney L. Friedrich 2018, see 83 Fed. Reg. 30956 (July 2,
The Commission made these
determinations pursuant to sections 2018), and caused summaries of the
RESPONSE OF PLAINTIFF UNITED
705(b) and 735(b) of the Act (19 U.S.C. proposed Final Judgment and CIS,
STATES TO PUBLIC COMMENT ON
1671d(b) and 19 U.S.C. 1673d(b)). It together with directions for the
THE PROPOSED FINAL JUDGMENT
completed and filed its determinations submission of written comments
Pursuant to the requirements of the relating to the proposed Final Judgment,
in these investigations on November 19,
Antitrust Procedures and Penalties Act to be published in the Washington Post
2018. The views of the Commission are
(the ‘‘APPA’’ or ‘‘Tunney Act’’), 15 and Bluefield Daily Telegraph from July
contained in USITC Publication 4850
U.S.C. §§ 16(b)–(h), the United States 2, 2018, through July 10, 2018. The 60-
(November 2018), entitled Forged Steel
hereby responds to the public comment day public comment period ended on
Fittings from China and Italy:
received regarding the proposed Final September 10, 2018. The United States
Investigation Nos. 701–TA–589 and
Judgment in this case. After careful received one public comment. See
731–TA–1394–1395 (Final).
consideration of the submitted Tunney Act Comments of the State of
By order of the Commission. comment, the United States continues to West Virginia on the Proposed Final
Issued: November 19, 2018. believe that the divestiture required by Judgment (‘‘WV Comment’’), attached
Katherine Hiner, the proposed Final Judgment provides hereto as Exhibit A.
Supervisory Attorney. an effective and appropriate remedy for
the antitrust violation alleged in the II. STANDARD OF REVIEW UNDER
[FR Doc. 2018–25612 Filed 11–23–18; 8:45 am]
Complaint. In addition, the divestiture THE APPA FOR THE PROPOSED
BILLING CODE 7020–02–P
has the effect of increasing competitive FINAL JUDGMENT
choices for some customers. As a result The Clayton Act, as amended by the
DEPARTMENT OF JUSTICE of the divestiture, two quarries that APPA, requires that proposed consent
previously did not compete—because judgments in antitrust cases brought by
Antitrust Division they were under common ownership— the United States be subject to a 60-day
now do. The United States will move comment period, after which the court
United States v. CRH plc, et al.; the Court for entry of the proposed Final shall determine whether entry of the
Response to Public Comment Judgment after the public comment and proposed Final Judgment ‘‘is in the
this response have been published public interest.’’ 15 U.S.C. § 16(e)(1). In
Notice is hereby given pursuant to the
pursuant to 15 U.S.C. § 16(d). making that determination, the court, in
Antitrust Procedures and Penalties Act,
accordance with the statute as amended
I. PROCEDURAL HISTORY in 2004, is required to consider:
3 Forged Steel Fittings from the People’s Republic
of China: Final Determination of Sales at Less Than Defendants CRH plc and CRH (A) the competitive impact of such
Fair Value, 83 FR 50339, October 5, 2018 and Americas Materials, Inc. (collectively, judgment, including termination of
Forged Steel Fittings from Italy: Final ‘‘CRH’’) agreed to acquire the assets of alleged violations, provisions for
Determination of Sales at Less Than Fair Value, 83 Defendant Pounding Mill Quarry enforcement and modification, duration
FR 50345, October 5, 2018.
4 Forged Steel Fittings from the People’s Republic Corporation (‘‘Pounding Mill’’), which of relief sought, anticipated effects of
of China: Final Affirmative Countervailing Duty primarily consisted of four aggregate alternative remedies actually
Determination, 83 FR 50342, October 5, 2018. quarries located in West Virginia and considered, whether its terms are

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Document Created: 2018-11-24 00:51:06
Document Modified: 2018-11-24 00:51:06
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
FR Citation		83 FR 60445