83_FR_8084 83 FR 8047 - Cast Iron Soil Pipe From the People's Republic of China: Initiation of Countervailing Duty Investigation

83 FR 8047 - Cast Iron Soil Pipe From the People's Republic of China: Initiation of Countervailing Duty Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 37 (February 23, 2018)

Page Range8047-8051
FR Document2018-03746

Federal Register, Volume 83 Issue 37 (Friday, February 23, 2018)
[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Notices]
[Pages 8047-8051]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03746]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-080]


Cast Iron Soil Pipe From the People's Republic of China: 
Initiation of Countervailing Duty Investigation

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

DATES: Applicable February 15, 2018.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey at (202) 482-2312, AD/
CVD Operations, Enforcement & Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

The Petition

    On January 26, 2018, the Department of Commerce (Commerce) received 
a countervailing duty (CVD) petition concerning imports of cast iron 
soil pipe (soil pipe) from the People's Republic of China (China), 
filed in proper form, on behalf of the Cast Iron Soil Pipe Institute 
(the petitioner).\1\ The petitioner is a trade association, whose 
members are all domestic producers of soil pipe.\2\ The CVD petition 
\3\ was accompanied by an antidumping duty (AD) petition for soil pipe 
from China.\4\
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    \1\ See Letter to the Secretary of Commerce from the petitioner 
re: Cast Iron Pipe from the People's Republic of China--Petition for 
the Imposition of Antidumping and Countervailing Duties, dated 
January 26, 2018 (Petition).
    \2\ See Volume I of the Petition, at 2. The individual members 
of the Cast Iron Soil Pipe Institute are AB&I Foundry, Charlotte 
Pipe & Foundry, and Tyler Pipe.
    \3\ See Volume III of the Petition.
    \4\ See Volume II of the Petition.
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    On January 30 and 31, 2018, Commerce requested additional 
information and clarification of certain areas of the Petition.\5\ The 
petitioner filed responses to these requests on February 1 and 2, 
2018.\6\
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    \5\ See Letters from Commerce, ``Petition for the Imposition of 
Countervailing Duties on Imports of Cast Iron Soil Pipe from the 
People's Republic of China: Supplemental Questions,'' dated January 
30, 2018, and ``Petitions for the Imposition of Antidumping and 
Countervailing Duties on Imports of Cast Iron Soil Pipe from the 
People's Republic of China: General Issues Supplemental Questions,'' 
dated January 31, 2018.
    \6\ See Letters from the petitioner ``Cast Iron Soil Pipe from 
the People's Republic of China: Response to Supplemental Questions--
General Issues,'' dated February 2, 2018 (General Issues 
Supplement), and ``Cast Iron Pipe from the People's Republic of 
China--Petitioner's Response to Supplemental Questionnaire 
Concerning Volume III,'' February 1, 2018 (CVD Supplement).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended

[[Page 8048]]

(the Act), the petitioner alleges that the Government of China (GOC) is 
providing countervailable subsidies, within the meaning of sections 701 
and 771(5) of the Act, with respect to imports of soil pipe from China, 
and that such imports are materially injuring, or threatening material 
injury to, an industry in the United States. Also, consistent with 
section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged 
programs on which we are initiating a CVD investigation, the Petition 
is accompanied by information reasonably available to the petitioner 
supporting its allegations.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because the petitioner is an interested party as 
defined in section 771(9)(E) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support with respect to the 
initiation of the CVD investigation that the petitioner is 
requesting.\7\
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    \7\ See ``Determination of Industry Support for the Petition'' 
section, below.
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Period of Investigation

    Because the Petition was filed on January 26, 2018, pursuant to 19 
CFR 351.204(b)(2), the period of investigation is January 1, 2017, 
through December 31, 2017.\8\
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    \8\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation

    The product covered by this investigation is soil pipe from China. 
For a full description of the scope of this investigation, see the 
``Scope of the Investigation,'' in the Appendix to this notice.

Comments on the Scope of the Investigation

    On February 2, 2018, in response to a question from Commerce, the 
petitioner filed a revision to the scope language.\9\
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    \9\ See General Issues Supplement at Exhibit 1.
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    As discussed in the preamble to Commerce's regulations,\10\ we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope). Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
the interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information,\11\ all 
such factual information should be limited to public information. In 
order to facilitate preparation of its questionnaire, Commerce requests 
all interested parties to submit such comments by 5:00 p.m. Eastern 
Time (ET) on Wednesday, March 7, 2018, which is 20 calendar days from 
the signature date of this notice. Any rebuttal comments, which may 
include factual information, must be filed by 5:00 p.m. ET on Monday, 
March 19, 2018, which is the next business day after the tenth calendar 
day from the deadline for initial comments.\12\ All such comments must 
be filed on the record of the concurrent AD and CVD investigations.
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    \10\ See Antidumping Duties; Countervailing Duties: Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \11\ See 19 CFR 351.102(b)(21).
    \12\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information the parties consider 
relevant to the scope of the investigation be submitted during this 
time period. However, if a party subsequently finds that additional 
factual information pertaining to the scope of the investigation may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. As stated above, all such comments 
must be filed on the record of the concurrent AD and CVD 
investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement & Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\13\ An electronically-
filed document must be received successfully in its entirety by the 
time and date it is due. Documents excepted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement & Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, and stamped with the date and time of receipt by the applicable 
deadlines.
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    \13\ See 19 CFR 351.303 (for general filing requirements); see 
also Antidumping and Countervailing Duty Proceedings: Electronic 
Filing Procedures; Administrative Protective Order Procedures, 76 FR 
39263 (July 6, 2011), for details of Commerce's electronic filing 
requirements, which went into effect on August 5, 2011. Information 
on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations

    Pursuant to section 702(b)(4)(A) of the Act, Commerce notified 
representatives of the GOC of the receipt of the Petition, and provided 
them the opportunity for consultations with respect to the CVD 
Petition.\14\ In response to Commerce's invitation, the GOC met with 
Commerce Officials on February 7, 2018.\15\ The invitation letter and 
memorandum to the file regarding the consultations are on file 
electronically via ACCESS.
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    \14\ See Letter to the Embassy of China from Commerce, 
``Countervailing Duty Petition on Cast Iron Soil Pipe from the 
People's Republic of China'' (January 29, 2018).
    \15\ See memorandum to the file, ``Consultations with Officials 
from the Government of China,'' dated February 8, 2018.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\16\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such

[[Page 8049]]

differences do not render the decision of either agency contrary to 
law.\17\
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    \16\ See Section 771(10) of the Act.
    \17\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in a 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the Petition. Based on our analysis of the information submitted on 
the record, we have determined that soil pipe, as defined in the scope, 
constitutes a single domestic like product, and we have analyzed 
industry support in terms of that domestic like product.\18\
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    \18\ For a discussion of the domestic like product analysis in 
this case, see Countervailing Duty Investigation Initiation 
Checklist: Cast Iron Soil Pipe from the People's Republic of China 
(Initiation Checklist), at Attachment II, Analysis of Industry 
Support for the Antidumping and Countervailing Duty Petitions 
Covering Cast Iron Soil Pipe from the People's Republic of China 
(Attachment II). This checklist is dated concurrently with this 
notice and on file electronically via ACCESS. Access to documents 
filed via ACCESS is also available in the Central Records Unit, Room 
B8024 of the main Department of Commerce building.
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    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition and the General Issues Supplement with 
reference to the domestic like product as defined in the ``Scope of the 
Investigation,'' in the Appendix to this notice. The petitioner 
provided the 2017 production of the domestic like product by its 
members.\19\ The petitioner states that its members are the only known 
producers of soil pipe in the United States; therefore, the Petition is 
supported by 100 percent of the U.S. industry.\20\
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    \19\ See Volume I of the Petition at 4.
    \20\ Id. at 3-4 and Exhibit I-1.
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    Our review of the data provided in the Petition, General Issues 
Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petition.\21\ First, the Petition established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\22\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
702(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petition account for at least 25 percent of the total 
production of the domestic like product.\23\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 702(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petition account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petition.\24\ Accordingly, Commerce determines that the Petition 
was filed on behalf of the domestic industry within the meaning of 
section 702(b)(1) of the Act.
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    \21\ See Initiation Checklist at Attachment II.
    \22\ See section 702(c)(4)(D) of the Act; see also Initiation 
Checklist at Attachment II.
    \23\ See Initiation Checklist at Attachment II.
    \24\ Id.
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    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because it is an interested party as defined in 
section 771(9)(E) of the Act, and it has demonstrated sufficient 
industry support with respect to the CVD investigation that it is 
requesting that Commerce initiate.\25\
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    \25\ Id.
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Injury Test

    Because China is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from China materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports exceed the negligibility threshold 
provided for under section 771(24)(A) of the Act.\26\
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    \26\ See Volume I of the Petition, at 13-14 and Exhibit I-7.
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    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share and increasing market share of subject imports; 
underselling and price depression; lost sales and revenues; and 
negative impact on financial results, including total revenue, gross 
profits, operating income, and net income.\27\ We have assessed the 
allegations and supporting evidence regarding material injury, threat 
of material injury, and causation, and we have determined that these 
allegations are properly supported by adequate evidence, and meet the 
statutory requirements for initiation.\28\
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    \27\ Id. at 14-19 and Exhibits I-7, I-9 and I-10; see also 
General Issues Supplement, at 1.
    \28\ See Initiation Checklist at Attachment III, Analysis of 
Allegations and Evidence of Material Injury and Causation for the 
Antidumping and Countervailing Duty Petitions Covering Cast Iron 
Soil Pipe from the People's Republic of China.
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Initiation of CVD Investigation

    Section 702(b)(1) of the Act requires Commerce to initiate a CVD 
investigation whenever an interested party files a CVD petition on 
behalf of an industry that: (1) Alleges the elements necessary for an 
imposition of a duty under section 701(a) of the Act; and (2) is 
accompanied by information reasonably available to the petitioner 
supporting the allegations.
    The petitioner alleges that producers/exporters of soil pipe in 
China benefited from countervailable subsidies bestowed by the GOC. 
Commerce examined the Petition and finds that it complies with the 
requirements of section 702(b)(1) of the Act. Therefore, in accordance 
with section 702(b)(1) of the Act, we are initiating a CVD 
investigation to determine whether manufacturers, producers, and/or 
exporters of soil pipe from China receive countervailable subsidies 
from the GOC.
    Under the Trade Preferences Extension Act of 2015, numerous 
amendments to the AD and CVD laws were made.\29\ The 2015 law does not 
specify dates of application for those amendments. On August 6, 2015, 
Commerce published an interpretative rule, in which it announced the 
applicability dates for each amendment to the Act, except for 
amendments contained in section 771(7) of the Act, which relate to 
determinations of material injury by the ITC.\30\ The amendments to 
sections 776 and 782 of

[[Page 8050]]

the Act are applicable to all determinations made on or after August 6, 
2015, and, therefore, apply to this CVD investigation.\31\
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    \29\ See Trade Preferences Extension Act of 2015, Pub. L. 114-
27, 129 Stat. 362 (2015).
    \30\ See Dates of Application of Amendments to the Antidumping 
and Countervailing Duty Laws Made by the Trade Preferences Extension 
Act of 2015, 80 FR 46793 (August 6, 2015). The 2015 amendments may 
be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
    \31\ Id., at 46794-95.
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Subsidy Allegations

    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation on all 32 
alleged programs.\32\ For a full discussion of the basis for our 
decision to initiate on each program, see the CVD Initiation Checklist. 
A public version of the initiation checklist for this investigation is 
available on ACCESS.
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    \32\ In the CVD Supplement, the petitioner withdrew its request 
that we initiate a CVD investigation on several programs.
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    In accordance with section 703(b)(1) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determination in this investigation no later than 65 days after the 
date of initiation.

Respondent Selection

    The petitioner named numerous companies as producers/exporters of 
soil pipe from China. Commerce intends to follow its standard practice 
in CVD investigations and calculate company-specific subsidy rates in 
this investigation. In the event Commerce determines that the number of 
companies is large and it cannot individually examine each company 
based upon Commerce's resources, where appropriate, Commerce intends to 
select mandatory respondents based on U.S. Customs and Border 
Protection (CBP) data for U.S. imports of soil pipe from China during 
the period of investigation under the appropriate Harmonized Tariff 
Schedule of the United States number listed in the ``Scope of the 
Investigation,'' in the Appendix.
    On February 5, 2018, Commerce released CBP data under 
Administrative Protective Order (APO) to all parties with access to 
information protected by APO and indicated that interested parties 
wishing to comment regarding the CBP data and respondent selection must 
do so within three business days of the publication date of the notice 
of initiation of this CVD investigation.\33\ Commerce will not accept 
rebuttal comments regarding the CBP data or respondent selection.
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    \33\ See Memorandum, ``Cast Iron Soil Pipe from the People's 
Republic of China Countervailing Duty Petition: Release of Customs 
Data from U.S. Customs and Border Protection,'' dated February 5, 
2018.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at http://enforcement.trade.gov/apo.
    Comments for this investigation must be filed electronically using 
ACCESS. An electronically-filed document must be received successfully 
in its entirety by Commerce's electronic records system, ACCESS, by 
5:00 p.m. ET, by the date noted above. We intend to finalize our 
decision regarding respondent selection within 20 days of publication 
of this notice.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the GOC via ACCESS. Because of the large number of 
producers/exporters identified in the Petition,\34\ Commerce considers 
the service of the public version of the Petition to the foreign 
producers/exporters satisfied by delivery of the public version to the 
GOC, consistent with 19 CFR 351.203(c)(2).
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    \34\ See Volume I of the Petition, at Exhibit I-4.
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ITC Notification

    We will notify the ITC of our initiation, as required by section 
702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of soil pipe from China are materially 
injuring, or threatening material injury to, a U.S. industry.\35\ A 
negative ITC determination will result in the investigation being 
terminated; \36\ otherwise, this investigation will proceed according 
to statutory and regulatory time limits.
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    \35\ See section 703(a)(2) of the Act.
    \36\ See section 703(a)(1) of the Act.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i) through (iv). The regulation requires any 
party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
and, if the information is submitted to rebut, clarify, or correct 
factual information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. Time limits for the 
submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Parties are advised to review the 
regulations prior to submitting factual information in this 
investigation.

Extension of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301. For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in the letter or memorandum setting 
forth the deadline (including a specified time) by which extension 
requests must be filed to be considered timely. An extension request 
must be made in a separate, stand-alone submission; under limited 
circumstances we will grant untimely-filed requests for the extension 
of time limits. Review Extension of Time Limits; Final Rule, 78 FR 
57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual 
information in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\37\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\38\ \39\ Commerce intends to

[[Page 8051]]

reject factual submissions if the submitting party does not comply with 
the applicable revised certification requirements.
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    \37\ See section 782(b) of the Act.
    \38\ See also Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
    \39\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
Administrative Protective Order (APO) in accordance with 19 CFR 
351.305. On January 22, 2008, Commerce published Antidumping and 
Countervailing Duty Proceedings: Documents Submission Procedures; APO 
Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to 
participate in this investigation should ensure that they meet the 
requirements of these procedures (e.g., the filing of letters of 
appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act.

     Dated: February 15, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigation

    The merchandise covered by this investigation is cast iron soil 
pipe, whether finished or unfinished, regardless of industry or 
proprietary specifications, and regardless of wall thickness, 
length, diameter, surface finish, end finish, or stenciling. The 
scope of this investigation includes, but is not limited to, both 
hubless and hub and spigot cast iron soil pipe. Cast iron soil pipe 
is nonmalleable iron pipe of various designs and sizes. Cast iron 
soil pipe is generally distinguished from other types of 
nonmalleable cast iron pipe by the manner in which it is connected 
to cast iron soil pipe fittings.
    Cast iron soil pipe is classified into two major types--hubless 
and hub and spigot. Hubless cast iron soil pipe is manufactured 
without a hub, generally in compliance with Cast Iron Soil Pipe 
Institute (CISPI) specification 301 and/or American Society for 
Testing and Materials (ASTM) specification A888, including any 
revisions to those specifications. Hub and spigot pipe has one or 
more hubs into which the spigot (plain end) of a fitting is 
inserted. All pipe meeting the physical description set forth above 
is covered by the scope of this investigation, whether or not 
produced according to a particular standard.
    The subject imports are currently classified in subheading 
7303.00.0030 of the Harmonized Tariff Schedule of the United States 
(HTSUS): Cast iron soil pipe. The HTSUS subheading and 
specifications are provided for convenience and customs purposes 
only; the written description of the scope of this investigation is 
dispositive.

[FR Doc. 2018-03746 Filed 2-22-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                             Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices                                                     8047

                                               DEPARTMENT OF COMMERCE                                  wishing to attend the meeting must                    DEPARTMENT OF COMMERCE
                                                                                                       notify Mr. Jonathan Chesebro at the
                                               International Trade Administration                      contact information above by 5:00 p.m.                International Trade Administration
                                                                                                       EDT on Friday, March 9, 2018 in order                 [C–570–080]
                                               Civil Nuclear Trade Advisory
                                                                                                       to pre-register. Please specify any
                                               Committee; Meeting of the Civil                                                                               Cast Iron Soil Pipe From the People’s
                                                                                                       requests for reasonable accommodation
                                               Nuclear Trade Advisory Committee                                                                              Republic of China: Initiation of
                                                                                                       at least five business days in advance of
                                               AGENCY: International Trade                             the meeting. Last minute requests will                Countervailing Duty Investigation
                                               Administration, U.S. Department of                      be accepted, but may not be possible to               AGENCY:  Enforcement and Compliance,
                                               Commerce.                                               fill.                                                 International Trade Administration,
                                               ACTION: Notice of Federal Advisory                         A limited amount of time will be                   Department of Commerce.
                                               Committee meeting.                                      available for pertinent brief oral                    DATES: Applicable February 15, 2018.
                                               SUMMARY:    This notice sets forth the                  comments from members of the public                   FOR FURTHER INFORMATION CONTACT:
                                               schedule and proposed agenda for a                      attending the meeting. To accommodate                 Matthew Renkey at (202) 482–2312, AD/
                                               meeting of the Civil Nuclear Trade                      as many speakers as possible, the time                CVD Operations, Enforcement &
                                               Advisory Committee (CINTAC).                            for public comments will be limited to                Compliance, International Trade
                                               DATES: The meeting is scheduled for
                                                                                                       two (2) minutes per person, with a total              Administration, U.S. Department of
                                               Thursday, March 15, 2018, from 9:00                     public comment period of 60 minutes.                  Commerce, 1401 Constitution Avenue
                                               a.m. to 4:00 p.m. Eastern Daylight Time                 Individuals wishing to reserve speaking               NW, Washington, DC 20230.
                                               (EDT).                                                  time during the meeting must contact                  SUPPLEMENTARY INFORMATION:
                                               ADDRESSES: The meeting will be held at
                                                                                                       Mr. Chesebro and submit a brief
                                                                                                       statement of the general nature of the                The Petition
                                               the U.S. Department of Commerce,
                                               Herbert C. Hoover Building, Room                        comments and the name and address of                     On January 26, 2018, the Department
                                               12015–12017, 1401 Constitution Ave.                     the proposed participant by 5:00 p.m.                 of Commerce (Commerce) received a
                                               NW, Washington, DC 20230.                               EDT on Friday, March 9, 2018. If the                  countervailing duty (CVD) petition
                                                                                                       number of registrants requesting to                   concerning imports of cast iron soil pipe
                                               FOR FURTHER INFORMATION CONTACT: Mr.
                                                                                                       make statements is greater than can be                (soil pipe) from the People’s Republic of
                                               Jonathan Chesebro, Office of Energy &
                                                                                                       reasonably accommodated during the                    China (China), filed in proper form, on
                                               Environmental Industries, International
                                                                                                       meeting, ITA may conduct a lottery to                 behalf of the Cast Iron Soil Pipe Institute
                                               Trade Administration, Mail Stop 28018,
                                                                                                       determine the speakers.                               (the petitioner).1 The petitioner is a
                                               1401 Constitution Ave. NW,
                                                                                                                                                             trade association, whose members are
                                               Washington, DC 20230 (Phone: 202–                          Any member of the public may                       all domestic producers of soil pipe.2
                                               482–1297; Fax: 202–482–5665; email:                     submit pertinent written comments                     The CVD petition 3 was accompanied by
                                               jonathan.chesebro@trade.gov).                           concerning the CINTAC’s affairs at any                an antidumping duty (AD) petition for
                                               SUPPLEMENTARY INFORMATION:                              time before and after the meeting.                    soil pipe from China.4
                                                 Background: The CINTAC was                            Comments may be submitted to the                         On January 30 and 31, 2018,
                                               established under the discretionary                     Civil Nuclear Trade Advisory                          Commerce requested additional
                                               authority of the Secretary of Commerce                  Committee, Office of Energy &                         information and clarification of certain
                                               and in accordance with the Federal                      Environmental Industries, U.S.                        areas of the Petition.5 The petitioner
                                               Advisory Committee Act (5 U.S.C.                        Department of Commerce, Mail Stop                     filed responses to these requests on
                                               App.), in response to an identified need                28018, 1401 Constitution Ave. NW,                     February 1 and 2, 2018.6
                                               for consensus advice from U.S. industry                 Washington, DC 20230. For                                In accordance with section 702(b)(1)
                                               to the Secretary of Commerce regarding                  consideration during the meeting, and                 of the Tariff Act of 1930, as amended
                                               the development and administration of                   to ensure transmission to the Committee
                                               programs to expand United States                        prior to the meeting, comments must be                   1 See Letter to the Secretary of Commerce from

                                               exports of civil nuclear goods and                                                                            the petitioner re: Cast Iron Pipe from the People’s
                                                                                                       received no later than 5:00 p.m. EDT on               Republic of China—Petition for the Imposition of
                                               services in accordance with applicable
                                                                                                       Friday, March 9, 2018. Comments                       Antidumping and Countervailing Duties, dated
                                               U.S. laws and regulations, including
                                                                                                       received after that date will be                      January 26, 2018 (Petition).
                                               advice on how U.S. civil nuclear goods                                                                           2 See Volume I of the Petition, at 2. The
                                               and services export policies, programs,                 distributed to the members but may not
                                                                                                                                                             individual members of the Cast Iron Soil Pipe
                                               and activities will affect the U.S. civil               be considered at the meeting.                         Institute are AB&I Foundry, Charlotte Pipe &
                                               nuclear industry’s competitiveness and                     Copies of CINTAC meeting minutes                   Foundry, and Tyler Pipe.
                                                                                                                                                                3 See Volume III of the Petition.
                                               ability to participate in the international             will be available within 90 days of the                  4 See Volume II of the Petition.
                                               market.                                                 meeting.                                                 5 See Letters from Commerce, ‘‘Petition for the
                                                 Topics to be considered: The agenda                     Dated: February 14, 2018.                           Imposition of Countervailing Duties on Imports of
                                               for the Thursday, March 15, 2018                                                                              Cast Iron Soil Pipe from the People’s Republic of
                                                                                                       Man Cho,                                              China: Supplemental Questions,’’ dated January 30,
                                               CINTAC meeting is as follows:
                                                                                                       Deputy Director, Office of Energy and                 2018, and ‘‘Petitions for the Imposition of
                                               Public Session 9:00 a.m.–4:00 p.m.                                                                            Antidumping and Countervailing Duties on Imports
                                                                                                       Environmental Industries.
                                                 1. International Trade                                                                                      of Cast Iron Soil Pipe from the People’s Republic
                                                                                                       [FR Doc. 2018–03710 Filed 2–22–18; 8:45 am]
                                                    Administration’s Civil Nuclear                                                                           of China: General Issues Supplemental Questions,’’
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                                                    Trade Initiative Update                            BILLING CODE 3510–DR–P                                dated January 31, 2018.
                                                                                                                                                                6 See Letters from the petitioner ‘‘Cast Iron Soil
                                                 2. Civil Nuclear Trade Promotion                                                                            Pipe from the People’s Republic of China: Response
                                                    Activities Discussion                                                                                    to Supplemental Questions—General Issues,’’ dated
                                                 3. Public comment period                                                                                    February 2, 2018 (General Issues Supplement), and
                                                                                                                                                             ‘‘Cast Iron Pipe from the People’s Republic of
                                                 The meeting will be open to the                                                                             China—Petitioner’s Response to Supplemental
                                               public and will be accessible to people                                                                       Questionnaire Concerning Volume III,’’ February 1,
                                               with disabilities. Members of the public                                                                      2018 (CVD Supplement).



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                                               8048                          Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices

                                               (the Act), the petitioner alleges that the              preparation of its questionnaire,                     Petition.14 In response to Commerce’s
                                               Government of China (GOC) is                            Commerce requests all interested parties              invitation, the GOC met with Commerce
                                               providing countervailable subsidies,                    to submit such comments by 5:00 p.m.                  Officials on February 7, 2018.15 The
                                               within the meaning of sections 701 and                  Eastern Time (ET) on Wednesday,                       invitation letter and memorandum to
                                               771(5) of the Act, with respect to                      March 7, 2018, which is 20 calendar                   the file regarding the consultations are
                                               imports of soil pipe from China, and                    days from the signature date of this                  on file electronically via ACCESS.
                                               that such imports are materially                        notice. Any rebuttal comments, which
                                               injuring, or threatening material injury                may include factual information, must                 Determination of Industry Support for
                                               to, an industry in the United States.                   be filed by 5:00 p.m. ET on Monday,                   the Petition
                                               Also, consistent with section 702(b)(1)                 March 19, 2018, which is the next
                                                                                                                                                                Section 702(b)(1) of the Act requires
                                               of the Act and 19 CFR 351.202(b), for                   business day after the tenth calendar
                                               those alleged programs on which we are                  day from the deadline for initial                     that a petition be filed on behalf of the
                                               initiating a CVD investigation, the                     comments.12 All such comments must                    domestic industry. Section 702(c)(4)(A)
                                               Petition is accompanied by information                  be filed on the record of the concurrent              of the Act provides that a petition meets
                                               reasonably available to the petitioner                  AD and CVD investigations.                            this requirement if the domestic
                                               supporting its allegations.                                                                                   producers or workers who support the
                                                                                                         Commerce requests that any factual
                                                  Commerce finds that the petitioner                                                                         petition account for: (i) At least 25
                                                                                                       information the parties consider
                                               filed the Petition on behalf of the                     relevant to the scope of the investigation            percent of the total production of the
                                               domestic industry because the                           be submitted during this time period.                 domestic like product; and (ii) more
                                               petitioner is an interested party as                    However, if a party subsequently finds                than 50 percent of the production of the
                                               defined in section 771(9)(E) of the Act.                that additional factual information                   domestic like product produced by that
                                               Commerce also finds that the petitioner                 pertaining to the scope of the                        portion of the industry expressing
                                               demonstrated sufficient industry                        investigation may be relevant, the party              support for, or opposition to, the
                                               support with respect to the initiation of               may contact Commerce and request                      petition. Moreover, section 702(c)(4)(D)
                                               the CVD investigation that the petitioner               permission to submit the additional                   of the Act provides that, if the petition
                                               is requesting.7                                         information. As stated above, all such                does not establish support of domestic
                                               Period of Investigation                                 comments must be filed on the record                  producers or workers accounting for
                                                                                                       of the concurrent AD and CVD                          more than 50 percent of the total
                                                 Because the Petition was filed on                                                                           production of the domestic like product,
                                                                                                       investigations.
                                               January 26, 2018, pursuant to 19 CFR                                                                          Commerce shall: (i) Poll the industry or
                                               351.204(b)(2), the period of                            Filing Requirements
                                                                                                                                                             rely on other information in order to
                                               investigation is January 1, 2017, through
                                                                                                          All submissions to Commerce must be                determine if there is support for the
                                               December 31, 2017.8
                                                                                                       filed electronically using Enforcement &              petition, as required by subparagraph
                                               Scope of the Investigation                              Compliance’s Antidumping Duty and                     (A); or (ii) determine industry support
                                                 The product covered by this                           Countervailing Duty Centralized                       using a statistically valid sampling
                                               investigation is soil pipe from China.                  Electronic Service System (ACCESS).13                 method to poll the ‘‘industry.’’
                                               For a full description of the scope of this             An electronically-filed document must                    Section 771(4)(A) of the Act defines
                                               investigation, see the ‘‘Scope of the                   be received successfully in its entirety              the ‘‘industry’’ as the producers as a
                                               Investigation,’’ in the Appendix to this                by the time and date it is due.                       whole of a domestic like product. Thus,
                                               notice.                                                 Documents excepted from the electronic                to determine whether a petition has the
                                                                                                       submission requirements must be filed
                                               Comments on the Scope of the                                                                                  requisite industry support, the statute
                                                                                                       manually (i.e., in paper form) with
                                               Investigation                                                                                                 directs Commerce to look to producers
                                                                                                       Enforcement & Compliance’s APO/
                                                                                                                                                             and workers who produce the domestic
                                                 On February 2, 2018, in response to                   Dockets Unit, Room 18022, U.S.
                                                                                                                                                             like product. The International Trade
                                               a question from Commerce, the                           Department of Commerce, 1401
                                                                                                       Constitution Avenue NW, Washington,                   Commission (ITC), which is responsible
                                               petitioner filed a revision to the scope
                                               language.9                                              DC 20230, and stamped with the date                   for determining whether ‘‘the domestic
                                                 As discussed in the preamble to                       and time of receipt by the applicable                 industry’’ has been injured, must also
                                               Commerce’s regulations,10 we are                        deadlines.                                            determine what constitutes a domestic
                                               setting aside a period for interested                                                                         like product in order to define the
                                                                                                       Consultations                                         industry. While both Commerce and the
                                               parties to raise issues regarding product
                                               coverage (i.e., scope). Commerce will                     Pursuant to section 702(b)(4)(A) of the             ITC must apply the same statutory
                                               consider all comments received from                     Act, Commerce notified representatives                definition regarding the domestic like
                                               interested parties and, if necessary, will              of the GOC of the receipt of the Petition,            product,16 they do so for different
                                               consult with the interested parties prior               and provided them the opportunity for                 purposes and pursuant to a separate and
                                               to the issuance of the preliminary                      consultations with respect to the CVD                 distinct authority. In addition,
                                               determination. If scope comments                                                                              Commerce’s determination is subject to
                                               include factual information,11 all such                   12 See 19 CFR 351.303(b).                           limitations of time and information.
                                               factual information should be limited to                  13 See 19 CFR 351.303 (for general filing           Although this may result in different
                                               public information. In order to facilitate              requirements); see also Antidumping and               definitions of the like product, such
                                                                                                       Countervailing Duty Proceedings: Electronic Filing
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                                                 7 See ‘‘Determination of Industry Support for the     Procedures; Administrative Protective Order
                                                                                                                                                                14 See Letter to the Embassy of China from
                                                                                                       Procedures, 76 FR 39263 (July 6, 2011), for details
                                               Petition’’ section, below.                                                                                    Commerce, ‘‘Countervailing Duty Petition on Cast
                                                 8 See 19 CFR 351.204(b)(2).
                                                                                                       of Commerce’s electronic filing requirements,
                                                                                                       which went into effect on August 5, 2011.             Iron Soil Pipe from the People’s Republic of China’’
                                                 9 See General Issues Supplement at Exhibit 1.                                                               (January 29, 2018).
                                                                                                       Information on help using ACCESS can be found at
                                                 10 See Antidumping Duties; Countervailing                                                                      15 See memorandum to the file, ‘‘Consultations
                                                                                                       https://access.trade.gov/help.aspx, and a handbook
                                               Duties: Final Rule, 62 FR 27296, 27323 (May 19,         can be found at https://access.trade.gov/help/        with Officials from the Government of China,’’
                                               1997).                                                  Handbook%20on%20Electronic%20Filling%20               dated February 8, 2018.
                                                 11 See 19 CFR 351.102(b)(21).                         Procedures.pdf.                                          16 See Section 771(10) of the Act.




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                                                                             Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices                                                     8049

                                               differences do not render the decision of               product and, as such, Commerce is not                 increasing volume of subject imports;
                                               either agency contrary to law.17                        required to take further action in order              reduced market share and increasing
                                                  Section 771(10) of the Act defines the               to evaluate industry support (e.g.,                   market share of subject imports;
                                               domestic like product as ‘‘a product                    polling).22 Second, the domestic                      underselling and price depression; lost
                                               which is like, or in the absence of like,               producers (or workers) have met the                   sales and revenues; and negative impact
                                               most similar in characteristics and uses                statutory criteria for industry support               on financial results, including total
                                               with, the article subject to an                         under section 702(c)(4)(A)(i) of the Act              revenue, gross profits, operating income,
                                               investigation under this title.’’ Thus, the             because the domestic producers (or                    and net income.27 We have assessed the
                                               reference point from which the                          workers) who support the Petition                     allegations and supporting evidence
                                               domestic like product analysis begins is                account for at least 25 percent of the                regarding material injury, threat of
                                               ‘‘the article subject to an investigation’’             total production of the domestic like                 material injury, and causation, and we
                                               (i.e., the class or kind of merchandise to              product.23 Finally, the domestic                      have determined that these allegations
                                               be investigated, which normally will be                 producers (or workers) have met the                   are properly supported by adequate
                                               the scope as defined in a petition).                    statutory criteria for industry support               evidence, and meet the statutory
                                                  With regard to the domestic like                     under section 702(c)(4)(A)(ii) of the Act             requirements for initiation.28
                                               product, the petitioner does not offer a                because the domestic producers (or
                                               definition of the domestic like product                 workers) who support the Petition                     Initiation of CVD Investigation
                                               distinct from the scope of the Petition.                account for more than 50 percent of the                  Section 702(b)(1) of the Act requires
                                               Based on our analysis of the information                production of the domestic like product               Commerce to initiate a CVD
                                               submitted on the record, we have                        produced by that portion of the industry              investigation whenever an interested
                                               determined that soil pipe, as defined in                expressing support for, or opposition to,             party files a CVD petition on behalf of
                                               the scope, constitutes a single domestic                the Petition.24 Accordingly, Commerce                 an industry that: (1) Alleges the
                                               like product, and we have analyzed                      determines that the Petition was filed on             elements necessary for an imposition of
                                               industry support in terms of that                       behalf of the domestic industry within                a duty under section 701(a) of the Act;
                                               domestic like product.18                                the meaning of section 702(b)(1) of the               and (2) is accompanied by information
                                                  In determining whether the petitioner                Act.                                                  reasonably available to the petitioner
                                               has standing under section 702(c)(4)(A)                    Commerce finds that the petitioner                 supporting the allegations.
                                               of the Act, we considered the industry                  filed the Petition on behalf of the                      The petitioner alleges that producers/
                                               support data contained in the Petition                  domestic industry because it is an                    exporters of soil pipe in China benefited
                                               and the General Issues Supplement with                  interested party as defined in section                from countervailable subsidies
                                               reference to the domestic like product as               771(9)(E) of the Act, and it has                      bestowed by the GOC. Commerce
                                               defined in the ‘‘Scope of the                           demonstrated sufficient industry                      examined the Petition and finds that it
                                               Investigation,’’ in the Appendix to this                support with respect to the CVD                       complies with the requirements of
                                               notice. The petitioner provided the 2017                investigation that it is requesting that              section 702(b)(1) of the Act. Therefore,
                                               production of the domestic like product                 Commerce initiate.25                                  in accordance with section 702(b)(1) of
                                               by its members.19 The petitioner states                 Injury Test                                           the Act, we are initiating a CVD
                                               that its members are the only known                                                                           investigation to determine whether
                                               producers of soil pipe in the United                      Because China is a ‘‘Subsidies                      manufacturers, producers, and/or
                                               States; therefore, the Petition is                      Agreement Country’’ within the                        exporters of soil pipe from China
                                               supported by 100 percent of the U.S.                    meaning of section 701(b) of the Act,                 receive countervailable subsidies from
                                               industry.20                                             section 701(a)(2) of the Act applies to               the GOC.
                                                  Our review of the data provided in the               this investigation. Accordingly, the ITC                 Under the Trade Preferences
                                               Petition, General Issues Supplement,                    must determine whether imports of the                 Extension Act of 2015, numerous
                                               and other information readily available                 subject merchandise from China                        amendments to the AD and CVD laws
                                               to Commerce indicates that the                          materially injure, or threaten material               were made.29 The 2015 law does not
                                               petitioner has established industry                     injury to, a U.S. industry.                           specify dates of application for those
                                               support for the Petition.21 First, the                  Allegations and Evidence of Material                  amendments. On August 6, 2015,
                                               Petition established support from                       Injury and Causation                                  Commerce published an interpretative
                                               domestic producers (or workers)                                                                               rule, in which it announced the
                                                                                                          The petitioner alleges that imports of
                                               accounting for more than 50 percent of                                                                        applicability dates for each amendment
                                                                                                       the subject merchandise are benefitting
                                               the total production of the domestic like                                                                     to the Act, except for amendments
                                                                                                       from countervailable subsidies and that
                                                                                                       such imports are causing, or threaten to              contained in section 771(7) of the Act,
                                                  17 See USEC, Inc. v. United States, 132 F. Supp.
                                                                                                       cause, material injury to the U.S.                    which relate to determinations of
                                               2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
                                               v. United States, 688 F. Supp. 639, 644 (CIT 1988),     industry producing the domestic like                  material injury by the ITC.30 The
                                               aff’d 865 F.2d 240 (Fed. Cir. 1989)).                   product. In addition, the petitioner                  amendments to sections 776 and 782 of
                                                  18 For a discussion of the domestic like product
                                                                                                       alleges that subject imports exceed the
                                               analysis in this case, see Countervailing Duty                                                                  27 Id. at 14–19 and Exhibits I–7, I–9 and I–10; see

                                               Investigation Initiation Checklist: Cast Iron Soil
                                                                                                       negligibility threshold provided for                  also General Issues Supplement, at 1.
                                               Pipe from the People’s Republic of China (Initiation    under section 771(24)(A) of the Act.26                  28 See Initiation Checklist at Attachment III,
                                               Checklist), at Attachment II, Analysis of Industry         The petitioner contends that the                   Analysis of Allegations and Evidence of Material
                                               Support for the Antidumping and Countervailing          industry’s injured condition is                       Injury and Causation for the Antidumping and
                                               Duty Petitions Covering Cast Iron Soil Pipe from the                                                          Countervailing Duty Petitions Covering Cast Iron
                                               People’s Republic of China (Attachment II). This
                                                                                                       illustrated by a significant and
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                                                                                                                                                             Soil Pipe from the People’s Republic of China.
                                               checklist is dated concurrently with this notice and                                                            29 See Trade Preferences Extension Act of 2015,
                                                                                                         22 See section 702(c)(4)(D) of the Act; see also
                                               on file electronically via ACCESS. Access to                                                                  Pub. L. 114–27, 129 Stat. 362 (2015).
                                               documents filed via ACCESS is also available in the     Initiation Checklist at Attachment II.                  30 See Dates of Application of Amendments to the
                                               Central Records Unit, Room B8024 of the main              23 See Initiation Checklist at Attachment II.
                                                                                                                                                             Antidumping and Countervailing Duty Laws Made
                                               Department of Commerce building.                          24 Id.
                                                                                                                                                             by the Trade Preferences Extension Act of 2015, 80
                                                  19 See Volume I of the Petition at 4.                  25 Id.
                                                                                                                                                             FR 46793 (August 6, 2015). The 2015 amendments
                                                  20 Id. at 3–4 and Exhibit I–1.                         26 See Volume I of the Petition, at 13–14 and       may be found at https://www.congress.gov/bill/
                                                  21 See Initiation Checklist at Attachment II.        Exhibit I–7.                                          114th-congress/house-bill/1295/text/pl.



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                                               8050                          Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices

                                               the Act are applicable to all                           in accordance with 19 CFR 351.305(b).                 CFR 351.102(b)(21) the information is
                                               determinations made on or after August                  Instructions for filing such applications             being submitted and, if the information
                                               6, 2015, and, therefore, apply to this                  may be found on Commerce’s website at                 is submitted to rebut, clarify, or correct
                                               CVD investigation.31                                    http://enforcement.trade.gov/apo.                     factual information already on the
                                                                                                          Comments for this investigation must               record, to provide an explanation
                                               Subsidy Allegations
                                                                                                       be filed electronically using ACCESS.                 identifying the information already on
                                                  Based on our review of the Petition,                 An electronically-filed document must                 the record that the factual information
                                               we find that there is sufficient                        be received successfully in its entirety              seeks to rebut, clarify, or correct. Time
                                               information to initiate a CVD                           by Commerce’s electronic records                      limits for the submission of factual
                                               investigation on all 32 alleged                         system, ACCESS, by 5:00 p.m. ET, by                   information are addressed in 19 CFR
                                               programs.32 For a full discussion of the                the date noted above. We intend to                    351.301, which provides specific time
                                               basis for our decision to initiate on each              finalize our decision regarding                       limits based on the type of factual
                                               program, see the CVD Initiation                         respondent selection within 20 days of                information being submitted. Parties are
                                               Checklist. A public version of the                      publication of this notice.                           advised to review the regulations prior
                                               initiation checklist for this investigation                                                                   to submitting factual information in this
                                               is available on ACCESS.                                 Distribution of Copies of the Petition
                                                                                                                                                             investigation.
                                                  In accordance with section 703(b)(1)                   In accordance with section
                                               of the Act and 19 CFR 351.205(b)(1),                    702(b)(4)(A)(i) of the Act and 19 CFR                 Extension of Time Limits
                                               unless postponed, we will make our                      351.202(f), a copy of the public version                 Parties may request an extension of
                                               preliminary determination in this                       of the Petition has been provided to the              time limits before the expiration of a
                                               investigation no later than 65 days after               GOC via ACCESS. Because of the large                  time limit established under 19 CFR
                                               the date of initiation.                                 number of producers/exporters                         351.301, or as otherwise specified by the
                                                                                                       identified in the Petition,34 Commerce                Secretary. In general, an extension
                                               Respondent Selection
                                                                                                       considers the service of the public                   request will be considered untimely if it
                                                  The petitioner named numerous                        version of the Petition to the foreign                is filed after the expiration of the time
                                               companies as producers/exporters of                     producers/exporters satisfied by                      limit established under 19 CFR 351.301.
                                               soil pipe from China. Commerce intends                  delivery of the public version to the                 For submissions that are due from
                                               to follow its standard practice in CVD                  GOC, consistent with 19 CFR                           multiple parties simultaneously, an
                                               investigations and calculate company-                   351.203(c)(2).                                        extension request will be considered
                                               specific subsidy rates in this                                                                                untimely if it is filed after 10:00 a.m. on
                                               investigation. In the event Commerce                    ITC Notification
                                                                                                                                                             the due date. Under certain
                                               determines that the number of                             We will notify the ITC of our                       circumstances, we may elect to specify
                                               companies is large and it cannot                        initiation, as required by section 702(d)             a different time limit by which
                                               individually examine each company                       of the Act.                                           extension requests will be considered
                                               based upon Commerce’s resources,                                                                              untimely for submissions which are due
                                                                                                       Preliminary Determination by the ITC
                                               where appropriate, Commerce intends                                                                           from multiple parties simultaneously. In
                                               to select mandatory respondents based                      The ITC will preliminarily determine,              such a case, we will inform parties in
                                               on U.S. Customs and Border Protection                   within 45 days after the date on which                the letter or memorandum setting forth
                                               (CBP) data for U.S. imports of soil pipe                the Petition was filed, whether there is              the deadline (including a specified time)
                                               from China during the period of                         a reasonable indication that imports of               by which extension requests must be
                                               investigation under the appropriate                     soil pipe from China are materially                   filed to be considered timely. An
                                               Harmonized Tariff Schedule of the                       injuring, or threatening material injury              extension request must be made in a
                                               United States number listed in the                      to, a U.S. industry.35 A negative ITC                 separate, stand-alone submission; under
                                               ‘‘Scope of the Investigation,’’ in the                  determination will result in the                      limited circumstances we will grant
                                               Appendix.                                               investigation being terminated; 36                    untimely-filed requests for the extension
                                                  On February 5, 2018, Commerce                        otherwise, this investigation will                    of time limits. Review Extension of
                                               released CBP data under Administrative                  proceed according to statutory and                    Time Limits; Final Rule, 78 FR 57790
                                               Protective Order (APO) to all parties                   regulatory time limits.                               (September 20, 2013), available at
                                               with access to information protected by                 Submission of Factual Information                     http://www.gpo.gov/fdsys/pkg/FR-2013-
                                               APO and indicated that interested                                                                             09-20/html/2013-22853.htm, prior to
                                               parties wishing to comment regarding                       Factual information is defined in 19               submitting factual information in this
                                               the CBP data and respondent selection                   CFR 351.102(b)(21) as: (i) Evidence                   investigation.
                                               must do so within three business days                   submitted in response to questionnaires;
                                               of the publication date of the notice of                (ii) evidence submitted in support of                 Certification Requirements
                                               initiation of this CVD investigation.33                 allegations; (iii) publicly available                   Any party submitting factual
                                               Commerce will not accept rebuttal                       information to value factors under 19                 information in an AD or CVD
                                               comments regarding the CBP data or                      CFR 351.408(c) or to measure the                      proceeding must certify to the accuracy
                                               respondent selection.                                   adequacy of remuneration under 19 CFR                 and completeness of that information.37
                                                  Interested parties must submit                       351.511(a)(2); (iv) evidence placed on                Parties must use the certification
                                               applications for disclosure under APO                   the record by Commerce; and (v)                       formats provided in 19 CFR
                                                                                                       evidence other than factual information               351.303(g).38 39 Commerce intends to
                                                                                                       described in (i) through (iv). The
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                                                 31 Id.,at 46794–95.
                                                 32 Inthe CVD Supplement, the petitioner               regulation requires any party, when                     37 See section 782(b) of the Act.
                                               withdrew its request that we initiate a CVD             submitting factual information, to                      38 See also Certification of Factual Information to
                                               investigation on several programs.                                                                            Import Administration During Antidumping and
                                                 33 See Memorandum, ‘‘Cast Iron Soil Pipe from
                                                                                                       specify under which subsection of 19
                                                                                                                                                             Countervailing Duty Proceedings, 78 FR 42678 (July
                                               the People’s Republic of China Countervailing Duty                                                            17, 2013) (Final Rule). Answers to frequently asked
                                                                                                         34 See Volume I of the Petition, at Exhibit I–4.
                                               Petition: Release of Customs Data from U.S.                                                                   questions regarding the Final Rule are available at
                                                                                                         35 See section 703(a)(2) of the Act.
                                               Customs and Border Protection,’’ dated February 5,                                                            http://enforcement.trade.gov/tlei/notices/factual_
                                               2018.                                                     36 See section 703(a)(1) of the Act.                info_final_rule_FAQ_07172013.pdf.



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                                                                             Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices                                             8051

                                               reject factual submissions if the                       purposes only; the written description of the         and services export policies, programs,
                                               submitting party does not comply with                   scope of this investigation is dispositive.           and activities will affect the U.S. civil
                                               the applicable revised certification                    [FR Doc. 2018–03746 Filed 2–22–18; 8:45 am]           nuclear industry’s competitiveness and
                                               requirements.                                           BILLING CODE 3510–DS–P                                ability to participate in the international
                                                                                                                                                             market.
                                               Notification to Interested Parties
                                                                                                                                                                Topics to be considered: The agenda
                                                 Interested parties must submit                        DEPARTMENT OF COMMERCE                                for the Thursday, May 17, 2018 CINTAC
                                               applications for disclosure under                                                                             meeting is as follows:
                                               Administrative Protective Order (APO)                   International Trade Administration
                                                                                                                                                             Public Session 1:00 p.m.–3:00 p.m.
                                               in accordance with 19 CFR 351.305. On                   Civil Nuclear Trade Advisory                             1. International Trade
                                               January 22, 2008, Commerce published                    Committee; Meeting of the Civil                             Administration’s Civil Nuclear
                                               Antidumping and Countervailing Duty                     Nuclear Trade Advisory Committee                            Trade Initiative Update
                                               Proceedings: Documents Submission                                                                                2. Civil Nuclear Trade Promotion
                                               Procedures; APO Procedures, 73 FR                       AGENCY: International Trade
                                                                                                                                                                   Activities Discussion
                                               3634 (January 22, 2008). Parties wishing                Administration, U.S. Department of
                                                                                                       Commerce.                                                3. Public comment period
                                               to participate in this investigation
                                               should ensure that they meet the                        ACTION: Notice of Federal Advisory                       The meeting will be open to the
                                               requirements of these procedures (e.g.,                 Committee meeting.                                    public and will be accessible to people
                                               the filing of letters of appearance as                                                                        with disabilities. Members of the public
                                               discussed at 19 CFR 351.103(d)).                        SUMMARY:   This notice sets forth the                 wishing to attend the meeting must
                                                 This notice is issued and published                   schedule and proposed agenda for a                    notify Mr. Jonathan Chesebro at the
                                               pursuant to sections 702 and 777(i) of                  meeting of the Civil Nuclear Trade                    contact information above by 5:00 p.m.
                                               the Act.                                                Advisory Committee (CINTAC).                          EDT on Friday, May 11, 2018 in order
                                                                                                       DATES: The meeting is scheduled for                   to pre-register. Please specify any
                                                 Dated: February 15, 2018.                                                                                   requests for reasonable accommodation
                                                                                                       Thursday, May 17, 2018, from 1:00 p.m.
                                               Christian Marsh,                                                                                              at least five business days in advance of
                                                                                                       to 3:00 p.m. Eastern Daylight Time
                                               Deputy Assistant Secretary for Enforcement              (EDT).                                                the meeting. Last minute requests will
                                               and Compliance.                                                                                               be accepted, but may not be possible to
                                                                                                       ADDRESSES:   The meeting will be held                 fill.
                                               Appendix—Scope of the Investigation                     via conference call. The call-in number
                                                                                                                                                                A limited amount of time will be
                                                  The merchandise covered by this                      and passcode will be provided by email
                                                                                                                                                             available for pertinent brief oral
                                               investigation is cast iron soil pipe, whether           to registrants. Requests to register
                                               finished or unfinished, regardless of industry
                                                                                                                                                             comments from members of the public
                                                                                                       (including to speak or for auxiliary aids)
                                               or proprietary specifications, and regardless                                                                 attending the meeting. To accommodate
                                                                                                       and any written comments should be
                                               of wall thickness, length, diameter, surface                                                                  as many speakers as possible, the time
                                                                                                       submitted to: Mr. Jonathan Chesebro,
                                               finish, end finish, or stenciling. The scope of                                                               for public comments will be limited to
                                                                                                       Office of Energy & Environmental
                                               this investigation includes, but is not limited                                                               two (2) minutes per person, with a total
                                               to, both hubless and hub and spigot cast iron           Industries, International Trade
                                                                                                                                                             public comment period of 60 minutes.
                                               soil pipe. Cast iron soil pipe is nonmalleable          Administration, Room 20010, 1401
                                                                                                                                                             Individuals wishing to reserve speaking
                                               iron pipe of various designs and sizes. Cast            Constitution Ave. NW, Washington, DC
                                                                                                                                                             time during the meeting must contact
                                               iron soil pipe is generally distinguished from          20230 (Fax: 202–482–5665; email:
                                                                                                                                                             Mr. Chesebro and submit a brief
                                               other types of nonmalleable cast iron pipe by           jonathan.chesebro@trade.gov). Members
                                               the manner in which it is connected to cast
                                                                                                                                                             statement of the general nature of the
                                                                                                       of the public are encouraged to submit
                                               iron soil pipe fittings.                                                                                      comments and the name and address of
                                                                                                       registration requests and written
                                                  Cast iron soil pipe is classified into two                                                                 the proposed participant by 5:00 p.m.
                                                                                                       comments via email to ensure timely
                                               major types—hubless and hub and spigot.                                                                       EDT on Friday, May 11, 2018. If the
                                                                                                       receipt.
                                               Hubless cast iron soil pipe is manufactured                                                                   number of registrants requesting to
                                               without a hub, generally in compliance with             FOR FURTHER INFORMATION CONTACT:     Mr.              make statements is greater than can be
                                               Cast Iron Soil Pipe Institute (CISPI)                   Jonathan Chesebro, Office of Energy &                 reasonably accommodated during the
                                               specification 301 and/or American Society               Environmental Industries, International               meeting, ITA may conduct a lottery to
                                               for Testing and Materials (ASTM)                        Trade Administration, Mail Stop 28018,                determine the speakers.
                                               specification A888, including any revisions             1401 Constitution Ave. NW,
                                               to those specifications. Hub and spigot pipe                                                                     Any member of the public may
                                               has one or more hubs into which the spigot
                                                                                                       Washington, DC 20230 (Phone: 202–                     submit pertinent written comments
                                               (plain end) of a fitting is inserted. All pipe          482–1297; Fax: 202–482–5665; email:                   concerning the CINTAC’s affairs at any
                                               meeting the physical description set forth              jonathan.chesebro@trade.gov).                         time before and after the meeting.
                                               above is covered by the scope of this                   SUPPLEMENTARY INFORMATION:                            Comments may be submitted to the
                                               investigation, whether or not produced                    Background: The CINTAC was                          Civil Nuclear Trade Advisory
                                               according to a particular standard.                     established under the discretionary                   Committee, Office of Energy &
                                                  The subject imports are currently classified         authority of the Secretary of Commerce                Environmental Industries, U.S.
                                               in subheading 7303.00.0030 of the
                                               Harmonized Tariff Schedule of the United
                                                                                                       and in accordance with the Federal                    Department of Commerce, Mail Stop
                                               States (HTSUS): Cast iron soil pipe. The                Advisory Committee Act (5 U.S.C.                      28018, 1401 Constitution Ave. NW,
                                               HTSUS subheading and specifications are                 App.), in response to an identified need              Washington, DC 20230. For
                                               provided for convenience and customs                    for consensus advice from U.S. industry               consideration during the meeting, and
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       to the Secretary of Commerce regarding                to ensure transmission to the Committee
                                                 39 See Certification of Factual Information to        the development and administration of                 prior to the meeting, comments must be
                                               Import Administration During Antidumping and            programs to expand United States                      received no later than 5:00 p.m. EDT on
                                               Countervailing Duty Proceedings, 78 FR 42678 (July      exports of civil nuclear goods and                    Friday, May 11, 2018. Comments
                                               17, 2013) (Final Rule); see also frequently asked
                                               questions regarding the Final Rule, available at
                                                                                                       services in accordance with applicable                received after that date will be
                                               http://enforcement.trade.gov/tlei/notices/factual_      U.S. laws and regulations, including                  distributed to the members but may not
                                               info_final_rule_FAQ_07172013.pdf.                       advice on how U.S. civil nuclear goods                be considered at the meeting.


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Document Created: 2018-02-23 01:32:49
Document Modified: 2018-02-23 01:32:49
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 February 15, 2018.
ContactMatthew Renkey at (202) 482-2312, AD/ CVD Operations, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
FR Citation83 FR 8047 

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