Cast Iron Soil Pipe Fittings From the People's Republic of China: Initiation of Countervailing Duty Investigation, 37048-37052 [2017-16771]

Download as PDF 37048 Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices DEPARTMENT OF COMMERCE International Trade Administration [C–533–876, C–570–061] Fine Denier Polyester Staple Fiber From the People’s Republic of China and India: Postponement of Preliminary Determinations in the Countervailing Duty Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable August 8, 2017. FOR FURTHER INFORMATION CONTACT: Yasmin Bordas at (202) 482–3813 (People’s Republic of China (PRC)); Trisha Tran at (202) 482–4852 (India), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 20, 2017, the Department of Commerce (the Department) initiated countervailing duty (CVD) investigations of imports of fine denier polyester fiber (fine denier PSF) from the PRC and India.1 Currently, the preliminary determinations are due no later than August 24, 2017. asabaliauskas on DSKBBXCHB2PROD with NOTICES Postponement of Preliminary Determinations Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires the Department to issue the preliminary determination in a countervailing duty investigation within 65 days after the date on which the Department initiated the investigation. However, section 703(c)(1) of the Act permits the Department to postpone the preliminary determination until no later than 130 days after the date on which the Department initiated the investigation if: (A) The petitioners makes a timely request for a postponement; or (B) the Department concludes that the parties concerned are cooperating, and determines that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. The Department will grant the request 1 See Fine Denier Polyester Staple Fiber From India and the People’s Republic of China: Initiation of Countervailing Duty Investigations, 82 FR 29029 (June 27, 2017) (Initiation Notice). VerDate Sep<11>2014 21:16 Aug 07, 2017 Jkt 241001 unless it finds compelling reasons to deny the request. On July 26, 2017, the petitioners 2 submitted a timely request that the Department postpone the preliminary CVD determinations.3 The petitioners state that they request postponement of the preliminary determinations because the current deadline for initial questionnaire responses is August 30, 2017, in the India investigation and September 1, 2017, in the PRC investigation. According to the petitioners, postponement of the preliminary determination deadline in each case would allow sufficient time for the Department and interested parties to analyze questionnaire responses and permit the issuance of supplemental questionnaires, if necessary. In accordance with 19 CFR 351.205(e), the petitioners have stated the reasons for requesting a postponement of the preliminary determinations, and the Department finds no compelling reason to deny the request. Therefore, in accordance with section 703(c)(1)(A) of the Act, the Department is postponing the deadline for the preliminary determinations to no later than 130 days after the date on which these investigations were initiated, i.e., October 30, 2017.4 Pursuant to section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations of these investigations will continue to be 75 days after the date of the preliminary determinations. This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: August 2, 2017. Carole Showers, Executive Director, Office of Policy, performing the duties of Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–16688 Filed 8–7–17; 8:45 am] BILLING CODE 3510–DS–P 2 The petitioners are DAK Americas LLC, Nan Ya Plastics Corporation, America, and Auriga Polymers Inc. 3 Letter from the petitioners, ‘‘Fine Denier Polyester Staple Fiber from the People’s Republic of China and India—Petitioners’ Request for Postponement of the Preliminary Determinations,’’ dated July 26, 2017. 4 Postponing the preliminary determinations to 130 days after initiation would place the deadline on Saturday, October 28, 2017. The Department’s practice dictates that where a deadline falls on a weekend or Federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [C–570–063] Cast Iron Soil Pipe Fittings From the People’s Republic of China: Initiation of Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable August 2, 2017. FOR FURTHER INFORMATION CONTACT: Dennis McClure at (202) 482–5973, AD/ CVD Operations, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: The Petition On July 13, 2017, the Department of Commerce (the Department) received a countervailing duty (CVD) petition concerning imports of cast iron soil pipe fittings (soil pipe fittings) from the People’s Republic of China (PRC), 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 fittings.2 The CVD petition was accompanied by an antidumping duty (AD) petition for soil pipe fittings from the PRC.3 On July 17, 2017, the petitioner filed an amendment to Volume I of the Petition.4 On July 18, 2017, the Department requested additional information and clarification of certain areas of the Petition.5 The petitioner filed responses to these requests on July 20, 2017.6 1 See Letter to the Secretary of Commerce from the petitioner re: Cast Iron Pipe Fittings from the People’s Republic of China—Petition for the Imposition of Antidumping and Countervailing Duties, dated July 13, 2017 (the 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 II of the Petition. 4 See Letter from the petitioner, ‘‘Amendment to Petitions for the Imposition of Antidumping and Countervailing Duties: Cast Iron Soil Pipe Fittings from the People’s Republic of China,’’ dated July 17, 2017 (Petition Amendment). 5 See Letters from the Department, ‘‘Petition for the Imposition of Antidumping Duties on Imports of Cast Iron Soil Pipe Fittings from the People’s Republic of China: Supplemental Questions,’’ dated July 18, 2017, and ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Cast Iron Soil Pipe Fittings from the People’s Republic of China: Supplemental Questions,’’ dated July 18, 2017. 6 See Letters from the petitioner ‘‘Cast Iron Soil Pipe Fittings from the People’s Republic of China: Response to Supplemental Questions—General E:\FR\FM\08AUN1.SGM 08AUN1 Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioner alleges that the Government of the PRC (GOC) is providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, with respect to imports of soil pipe fittings from the PRC, 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. The Department 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. The Department also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the CVD investigation that the petitioner is requesting.7 Period of Investigation Because the Petition was filed on July 13, 2017, pursuant to 19 CFR 351.204(b)(2), the period of investigation is January 1, 2016, through December 31, 2016.8 Scope of the Investigation The product covered by this investigation is soil pipe fittings from the PRC. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation,’’ in the Appendix to this notice. Comments on Scope of the Investigation asabaliauskas on DSKBBXCHB2PROD with NOTICES During our review of the Petition, we discussed with the petitioner the language pertaining to the proposed scope to ensure that the scope language in the Petition would be an accurate reflection of the products for which the domestic industry is seeking relief.9 On July 20, 2017, the petitioner filed a revision to the scope language.10 Issues,’’ dated July 20, 2017 (General Issues Supplement), and ‘‘Cast Iron Pipe Fittings from the People’s Republic of China—Petitioner’s Response to Supplemental Questionnaire Concerning Volume III,’’ dated July 20, 2017 (CVD Supplement). 7 See ‘‘Determination of Industry Support for the Petition’’ section, below. 8 See 19 CFR 351.204(b)(2). 9 See Memorandum, ‘‘Antidumping Duty Investigation of Cast Iron Soil Pipe Fittings from the People’s Republic of China: Telephone Call with Petitioner, Re: Scope of the Investigation,’’ dated July 18, 2017. 10 See Letter to the Secretary of Commerce from the petitioner re: ‘‘Cast Iron Pipe Fittings From the VerDate Sep<11>2014 21:16 Aug 07, 2017 Jkt 241001 As discussed in the preamble to the Department’s regulations,11 we are setting aside a period for interested parties to raise issues regarding product coverage (i.e., scope). The Department 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,12 all such factual information should be limited to public information. In order to facilitate preparation of its questionnaire, the Department requests all interested parties to submit such comments by 5:00 p.m. Eastern Time (ET) on Tuesday, August 22, 2017, 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 Friday, September 1, 2017, which is 10 calendar days from the deadline for initial comments.13 All such comments must be filed on the record of each of the concurrent AD and CVD investigations. The Department 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 the Department and request permission to submit the additional information. As stated above, all such comments must be filed on the record of each of the concurrent AD and CVD investigations. Filing Requirements All submissions to the Department must be filed electronically using Enforcement & Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS).14 An electronicallyfiled document must be received successfully in its entirety by the time People’s Republic of China: Response to Supplemental Questions—Scope,’’ dated July 20, 2017. 11 See Antidumping Duties; Countervailing Duties: Final Rule, 62 FR 27296, 27323 (May 19, 1997). 12 See 19 CFR 351.102(b)(21). 13 See 19 CFR 351.303(b). 14 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 the Department’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%20 Filling%20Procedures.pdf. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 37049 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. Consultations Pursuant to section 702(b)(4)(A) of the Act, the Department notified representatives of the GOC of the receipt of the Petition, and provided them the opportunity for consultations with respect to the CVD Petition.15 In response to the Department’s invitation, the GOC filed comments concerning the Petition.16 The invitation letter and comments regarding the Petition are on file electronically via ACCESS. 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, the Department 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 the Department to look to producers and workers who produce the domestic like product. The U.S. 15 See Letter to the Embassy of the PRC from the Department, ‘‘Countervailing Duty Petition on Cast Iron Soil Pipe Fittings from the People’s Republic of China’’ (July 24, 2017). 16 See Letter to the Department from the Ministry of Commerce of the People’s Republic of China, ‘‘Comments Regarding Countervailing Duty Petition on Cast Iron Soil Pipe Fittings’’ (August 1, 2017). E:\FR\FM\08AUN1.SGM 08AUN1 37050 Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices 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 the Department and the ITC must apply the same statutory definition regarding the domestic like product,17 they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.18 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 the 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 investigation. Based on our analysis of the information submitted on the record, we have determined that soil pipe fittings, as defined in the scope, constitute a single domestic like product, and we have analyzed industry support in terms of that domestic like product.19 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 petitioner’s subsequent submissions 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 2016 production of the 17 See section 771(10) of the Act. 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)). 19 For a discussion of the domestic like product analysis in this case, see Countervailing Duty Investigation Initiation Checklist: Cast Iron Soil Pipe Fittings from the People’s Republic of China (CVD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Cast Iron Soil Pipe Fittings (Soil Pipe Fittings) 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. asabaliauskas on DSKBBXCHB2PROD with NOTICES 18 See VerDate Sep<11>2014 21:16 Aug 07, 2017 Jkt 241001 domestic like product by its members.20 The petitioner states that its members are the only known producers of soil pipe fittings in the United States; therefore, the Petition is supported by 100 percent of the U.S. industry.21 Our review of the data provided in the Petition, Petition Amendment, General Issues Supplement, and other information readily available to the Department indicates that the petitioner has established industry support for the Petition.22 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, the Department is not required to take further action in order to evaluate industry support (e.g., polling).23 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.24 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.25 Accordingly, the Department determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act. The Department 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 the Department initiate.26 Injury Test Because the PRC is a ‘‘Subsidies Agreement Country’’ within the meaning of section 701(b) of the Act, 20 See Letter from the petitioner, ‘‘Amendment to Petitions for the Imposition of Antidumping and Countervailing Duties: Cast Iron Soil Pipe Fittings from the People’s Republic of China,’’ dated July 17, 2017 (Petition Amendment), at 2; see also General Issues Supplement, at 1. 21 See Petition, at 2; see also General Issues Supplement, at 1 and Exhibit 2. 22 See CVD Initiation Checklist, at Attachment II. 23 See section 702(c)(4)(D) of the Act; see also CVD Initiation Checklist, at Attachment II. 24 See CVD Initiation Checklist, at Attachment II. 25 Id. 26 Id. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from the PRC 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.27 The petitioner contends that the industry’s injured condition is illustrated by reduced market share; underselling and price depression or suppression; lost sales and revenues; and negative impact on profit.28 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.29 Initiation of CVD Investigation Section 702(b)(1) of the Act requires the Department 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 fittings in the PRC benefited from countervailable subsidies bestowed by the GOC. The Department 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 fittings from the PRC receive countervailable subsidies from the GOC. 27 See Volume I of the Petition, at 11–12, General Issues Supplement, at 3 and Exhibit 3. 28 See Volume I of the Petition, at 9, 11–20 and Exhibits I–5 and I–7 through I–13; see also Petition Amendment, at 1–3; and General Issues Supplement, at 3 and Exhibit 3. 29 See CVD 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 Fittings from the People’s Republic of China. E:\FR\FM\08AUN1.SGM 08AUN1 Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices Under the Trade Preferences Extension Act of 2015, numerous amendments to the AD and CVD laws were made.30 The 2015 law does not specify dates of application for those amendments. On August 6, 2015, the Department 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.31 The amendments to sections 776 and 782 of the Act are applicable to all determinations made on or after August 6, 2015, and, therefore, apply to this CVD investigation.32 Subsidy Allegations Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on 32 alleged programs.33 For a full discussion of the basis for our decision to initiate or not initiate on each program, see the CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. 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 asabaliauskas on DSKBBXCHB2PROD with NOTICES The petitioner named numerous companies as producers/exporters of soil pipe fittings from the PRC. The Department intends to follow its standard practice in CVD investigations and calculate company-specific subsidy rates in this investigation. In the event the Department determines that the number of companies is large and it cannot individually examine each company based upon the Department’s resources, where appropriate, the Department intends to select mandatory respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of soil pipe fittings from the PRC during the period of investigation 30 See Trade Preferences Extension Act of 2015, Public Law 114–27, 129 Stat. 362 (2015). 31 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. 32 Id., at 46794–95. 33 The petitioner originally filed allegations on 33 programs. However, on July 20, 2017, the petitioner withdrew its request that we initiate a CVD investigation on the ‘‘Provision of Land in Industrial Zones for Less than Adequate Remuneration.’’ See CVD Supplement at 10. VerDate Sep<11>2014 21:16 Aug 07, 2017 Jkt 241001 under the appropriate Harmonized Tariff Schedule of the United States number listed in the ‘‘Scope of the Investigation,’’ in the Appendix. On July 21, 2017, the Department 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.34 The Department will not accept rebuttal comments regarding the CBP data or respondent selection. 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 the Department’s Web site at https://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 the Department’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,35 the Department 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). 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 fittings from the PRC are materially injuring, or threatening material injury to, a U.S. industry.36 A 34 See Memorandum, ‘‘Cast Iron Soil Pipe Fittings from the People’s Republic of China Countervailing Duty Petition: Release of Customs Data from U.S. Customs and Border Protection,’’ dated July 21, 2017. 35 See Volume I of the Petition, at Exhibit I–4. 36 See section 703(a)(2) of the Act. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 37051 negative ITC determination will result in the investigation being terminated; 37 otherwise, this investigation will proceed according to statutory and regulatory time limits. 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 the Department; 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 37 See E:\FR\FM\08AUN1.SGM section 703(a)(1) of the Act. 08AUN1 37052 Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices of time limits. Review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-201309-20/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.38 Parties must use the certification formats provided in 19 CFR 351.303(g).39 40 The Department intends to reject factual submissions if the submitting party does not comply with the applicable revised certification requirements. 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, the Department 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: August 2, 2017. Carole Showers, Executive Director, Office of Policy performing the duties of the Deputy Assistant Secretary for Enforcement and Compliance. Appendix Scope of the Investigation The merchandise covered by this investigation is cast iron soil pipe fittings, finished and unfinished, regardless of industry or proprietary specifications, and regardless of size. Cast iron soil pipe fittings are nonmalleable iron castings of various designs and sizes, including, but not limited to, bends, tees, wyes, traps, drains, and other 38 See section 782(b) of the Act. 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 https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 40 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 https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. asabaliauskas on DSKBBXCHB2PROD with NOTICES 39 See VerDate Sep<11>2014 21:16 Aug 07, 2017 Jkt 241001 common or special fittings, with or without side inlets. Cast iron soil pipe fittings are classified into two major types—hubless and hub and spigot. Hubless cast iron soil pipe fittings are 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. Hub and spigot pipe fittings have hubs into which the spigot (plain end) of the pipe or fitting is inserted. Cast iron soil pipe fittings are generally distinguished from other types of nonmalleable cast iron fittings by the manner in which they are connected to cast iron soil pipe and other fittings. The subject imports are normally classified in subheading 7307.11.0045 of the Harmonized Tariff Schedule of the United States (HTSUS): Cast fittings of nonmalleable cast iron for 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. 2017–16771 Filed 8–7–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–839] Polyester Staple Fiber From the Republic of Korea: Rescission of Antidumping Duty Administrative Review; 2016–2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is rescinding the administrative review of the antidumping duty order on polyester staple fiber (PSF) from the Republic of Korea (Korea), based on the timely withdrawal of requests for review. The period of review (POR) is May 1, 2016, through April 30, 2017. DATES: Effective August 8, 2017. FOR FURTHER INFORMATION CONTACT: Toby Vandall, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1664. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 1, 2017, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on PSF from Korea for the POR of May 1, 2016, through April 30, 2017.1 On May 30, 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 2017, Huvis Corporation (Huvis) submitted a timely-filed request for an administrative review of its POR sales.2 On May 31, 2017, pursuant to 19 CFR 351.213, the Department received a timely-filed request from DAK Americas LLC and Auriga Polymers, Inc. (collectively, the petitioners) for an administrative review of Toray Chemical Korea, Inc. (Toray) and Huvis.3 On July 6, 2017, pursuant to these requests and in accordance with 19 CFR 351.221(c)(1)(i), the Department published a notice of initiation of an administrative review of Toray and Huvis.4 On July 11, 2017, and July 12, 2017, pursuant to 19 CFR 351.213(d)(1), the petitioners and Huvis, respectively, timely withdrew their requests for an administrative review.5 Rescission of Review Pursuant to 19 CFR 351.213(d)(l), the Department will rescind an administrative review, in whole or in part, if the party, or parties, that requested a review withdraw the request/s within 90 days of the publication date of the notice of initiation of the requested review. As noted above, the petitioners withdrew their request for review of Toray and Huvis within 90 days of the publication date of the notice of initiation. In addition, Huvis also timely withdrew its request for an administrative review. No other parties requested an administrative review of the antidumping duty order on PSF from Korea. Therefore, in response to the timely withdrawal of requests for review and, in accordance with 19 CFR 351.213(d)(l), the Department is rescinding this review. Assessment The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of PSF from Korea during the POR. Antidumping duties to Request Administrative Review, 82 FR 20315 (May 1, 2017). 2 See Letter from Huvis, ‘‘Certain Polyester Staple Fiber from Korea; Request for Administrative Review for 2016–2017 Period’’ (May 30, 2017). 3 See Letter from the petitioners, ‘‘Polyester Staple Fiber from Korea’’ (May 31, 2017). 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 31292 (July 6, 2017) (Notice of Initiation). 5 See Letter from the petitioners, ‘‘Polyester Staple Fiber from Korea—Withdrawal of Review Request for Toray Chemical Korea’’ (July 11, 2017); see also Letter from the petitioners, ‘‘Polyester Staple Fiber from Korea; Withdrawal of Review Request for Huvis Corporation’’ (July 12, 2017); see also Letter from Huvis, ‘‘Certain Polyester Staple Fiber from Korea; Withdrawal of Request for Administrative Review for 2016–2017 Period’’ (July 12, 2017). E:\FR\FM\08AUN1.SGM 08AUN1

Agencies

[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Notices]
[Pages 37048-37052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16771]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-063]


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

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

DATES: Applicable August 2, 2017.

FOR FURTHER INFORMATION CONTACT: Dennis McClure at (202) 482-5973, 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 July 13, 2017, the Department of Commerce (the Department) 
received a countervailing duty (CVD) petition concerning imports of 
cast iron soil pipe fittings (soil pipe fittings) from the People's 
Republic of China (PRC), 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 
fittings.\2\ The CVD petition was accompanied by an antidumping duty 
(AD) petition for soil pipe fittings from the PRC.\3\
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    \1\ See Letter to the Secretary of Commerce from the petitioner 
re: Cast Iron Pipe Fittings from the People's Republic of China--
Petition for the Imposition of Antidumping and Countervailing 
Duties, dated July 13, 2017 (the 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 II of the Petition.
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    On July 17, 2017, the petitioner filed an amendment to Volume I of 
the Petition.\4\ On July 18, 2017, the Department requested additional 
information and clarification of certain areas of the Petition.\5\ The 
petitioner filed responses to these requests on July 20, 2017.\6\
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    \4\ See Letter from the petitioner, ``Amendment to Petitions for 
the Imposition of Antidumping and Countervailing Duties: Cast Iron 
Soil Pipe Fittings from the People's Republic of China,'' dated July 
17, 2017 (Petition Amendment).
    \5\ See Letters from the Department, ``Petition for the 
Imposition of Antidumping Duties on Imports of Cast Iron Soil Pipe 
Fittings from the People's Republic of China: Supplemental 
Questions,'' dated July 18, 2017, and ``Petitions for the Imposition 
of Antidumping and Countervailing Duties on Imports of Cast Iron 
Soil Pipe Fittings from the People's Republic of China: Supplemental 
Questions,'' dated July 18, 2017.
    \6\ See Letters from the petitioner ``Cast Iron Soil Pipe 
Fittings from the People's Republic of China: Response to 
Supplemental Questions--General Issues,'' dated July 20, 2017 
(General Issues Supplement), and ``Cast Iron Pipe Fittings from the 
People's Republic of China--Petitioner's Response to Supplemental 
Questionnaire Concerning Volume III,'' dated July 20, 2017 (CVD 
Supplement).

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[[Page 37049]]

    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the Government of the 
PRC (GOC) is providing countervailable subsidies, within the meaning of 
sections 701 and 771(5) of the Act, with respect to imports of soil 
pipe fittings from the PRC, 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.
    The Department 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. The Department 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 July 13, 2017, pursuant to 19 CFR 
351.204(b)(2), the period of investigation is January 1, 2016, through 
December 31, 2016.\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 fittings 
from the PRC. For a full description of the scope of this 
investigation, see the ``Scope of the Investigation,'' in the Appendix 
to this notice.

Comments on Scope of the Investigation

    During our review of the Petition, we discussed with the petitioner 
the language pertaining to the proposed scope to ensure that the scope 
language in the Petition would be an accurate reflection of the 
products for which the domestic industry is seeking relief.\9\ On July 
20, 2017, the petitioner filed a revision to the scope language.\10\
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    \9\ See Memorandum, ``Antidumping Duty Investigation of Cast 
Iron Soil Pipe Fittings from the People's Republic of China: 
Telephone Call with Petitioner, Re: Scope of the Investigation,'' 
dated July 18, 2017.
    \10\ See Letter to the Secretary of Commerce from the petitioner 
re: ``Cast Iron Pipe Fittings From the People's Republic of China: 
Response to Supplemental Questions--Scope,'' dated July 20, 2017.
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    As discussed in the preamble to the Department's regulations,\11\ 
we are setting aside a period for interested parties to raise issues 
regarding product coverage (i.e., scope). The Department 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,\12\ all such factual information should be limited to 
public information. In order to facilitate preparation of its 
questionnaire, the Department requests all interested parties to submit 
such comments by 5:00 p.m. Eastern Time (ET) on Tuesday, August 22, 
2017, 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 Friday, September 1, 2017, which is 10 
calendar days from the deadline for initial comments.\13\ All such 
comments must be filed on the record of each of the concurrent AD and 
CVD investigations.
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    \11\ See Antidumping Duties; Countervailing Duties: Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \12\ See 19 CFR 351.102(b)(21).
    \13\ See 19 CFR 351.303(b).
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    The Department 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 the Department and 
request permission to submit the additional information. As stated 
above, all such comments must be filed on the record of each of the 
concurrent AD and CVD investigations.

Filing Requirements

    All submissions to the Department must be filed electronically 
using Enforcement & Compliance's Antidumping Duty and Countervailing 
Duty Centralized Electronic Service System (ACCESS).\14\ 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.
---------------------------------------------------------------------------

    \14\ 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 the Department'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, the Department 
notified representatives of the GOC of the receipt of the Petition, and 
provided them the opportunity for consultations with respect to the CVD 
Petition.\15\ In response to the Department's invitation, the GOC filed 
comments concerning the Petition.\16\ The invitation letter and 
comments regarding the Petition are on file electronically via ACCESS.
---------------------------------------------------------------------------

    \15\ See Letter to the Embassy of the PRC from the Department, 
``Countervailing Duty Petition on Cast Iron Soil Pipe Fittings from 
the People's Republic of China'' (July 24, 2017).
    \16\ See Letter to the Department from the Ministry of Commerce 
of the People's Republic of China, ``Comments Regarding 
Countervailing Duty Petition on Cast Iron Soil Pipe Fittings'' 
(August 1, 2017).
---------------------------------------------------------------------------

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, the Department 
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 the Department to look to producers and workers who produce the 
domestic like product. The U.S.

[[Page 37050]]

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 the Department and the ITC must apply 
the same statutory definition regarding the domestic like product,\17\ 
they do so for different purposes and pursuant to a separate and 
distinct authority. In addition, the Department's determination is 
subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\18\
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    \17\ See section 771(10) of the Act.
    \18\ 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)).
---------------------------------------------------------------------------

    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 the 
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 investigation. Based on our analysis of the information 
submitted on the record, we have determined that soil pipe fittings, as 
defined in the scope, constitute a single domestic like product, and we 
have analyzed industry support in terms of that domestic like 
product.\19\
---------------------------------------------------------------------------

    \19\ For a discussion of the domestic like product analysis in 
this case, see Countervailing Duty Investigation Initiation 
Checklist: Cast Iron Soil Pipe Fittings from the People's Republic 
of China (CVD Initiation Checklist), at Attachment II, Analysis of 
Industry Support for the Antidumping and Countervailing Duty 
Petitions Covering Cast Iron Soil Pipe Fittings (Soil Pipe Fittings) 
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.
---------------------------------------------------------------------------

    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 petitioner's subsequent submissions 
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 2016 production of the domestic like product by its 
members.\20\ The petitioner states that its members are the only known 
producers of soil pipe fittings in the United States; therefore, the 
Petition is supported by 100 percent of the U.S. industry.\21\
---------------------------------------------------------------------------

    \20\ See Letter from the petitioner, ``Amendment to Petitions 
for the Imposition of Antidumping and Countervailing Duties: Cast 
Iron Soil Pipe Fittings from the People's Republic of China,'' dated 
July 17, 2017 (Petition Amendment), at 2; see also General Issues 
Supplement, at 1.
    \21\ See Petition, at 2; see also General Issues Supplement, at 
1 and Exhibit 2.
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    Our review of the data provided in the Petition, Petition 
Amendment, General Issues Supplement, and other information readily 
available to the Department indicates that the petitioner has 
established industry support for the Petition.\22\ 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, the Department is not required to take further 
action in order to evaluate industry support (e.g., polling).\23\ 
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.\24\ 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.\25\ 
Accordingly, the Department 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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    \22\ See CVD Initiation Checklist, at Attachment II.
    \23\ See section 702(c)(4)(D) of the Act; see also CVD 
Initiation Checklist, at Attachment II.
    \24\ See CVD Initiation Checklist, at Attachment II.
    \25\ Id.
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    The Department 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 the Department initiate.\26\
---------------------------------------------------------------------------

    \26\ Id.
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Injury Test

    Because the PRC 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 the PRC 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.\27\
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    \27\ See Volume I of the Petition, at 11-12, General Issues 
Supplement, at 3 and Exhibit 3.
---------------------------------------------------------------------------

    The petitioner contends that the industry's injured condition is 
illustrated by reduced market share; underselling and price depression 
or suppression; lost sales and revenues; and negative impact on 
profit.\28\ 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.\29\
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    \28\ See Volume I of the Petition, at 9, 11-20 and Exhibits I-5 
and I-7 through I-13; see also Petition Amendment, at 1-3; and 
General Issues Supplement, at 3 and Exhibit 3.
    \29\ See CVD 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 Fittings from the People's Republic of China.
---------------------------------------------------------------------------

Initiation of CVD Investigation

    Section 702(b)(1) of the Act requires the Department 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 
fittings in the PRC benefited from countervailable subsidies bestowed 
by the GOC. The Department 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 fittings from the PRC receive 
countervailable subsidies from the GOC.

[[Page 37051]]

    Under the Trade Preferences Extension Act of 2015, numerous 
amendments to the AD and CVD laws were made.\30\ The 2015 law does not 
specify dates of application for those amendments. On August 6, 2015, 
the Department 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.\31\ The amendments to 
sections 776 and 782 of the Act are applicable to all determinations 
made on or after August 6, 2015, and, therefore, apply to this CVD 
investigation.\32\
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    \30\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015).
    \31\ 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.
    \32\ 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 32 alleged 
programs.\33\ For a full discussion of the basis for our decision to 
initiate or not 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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    \33\ The petitioner originally filed allegations on 33 programs. 
However, on July 20, 2017, the petitioner withdrew its request that 
we initiate a CVD investigation on the ``Provision of Land in 
Industrial Zones for Less than Adequate Remuneration.'' See CVD 
Supplement at 10.
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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 fittings from the PRC. The Department intends to follow its 
standard practice in CVD investigations and calculate company-specific 
subsidy rates in this investigation. In the event the Department 
determines that the number of companies is large and it cannot 
individually examine each company based upon the Department's 
resources, where appropriate, the Department intends to select 
mandatory respondents based on U.S. Customs and Border Protection (CBP) 
data for U.S. imports of soil pipe fittings from the PRC 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 July 21, 2017, the Department 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.\34\ The Department will not 
accept rebuttal comments regarding the CBP data or respondent 
selection.
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    \34\ See Memorandum, ``Cast Iron Soil Pipe Fittings from the 
People's Republic of China Countervailing Duty Petition: Release of 
Customs Data from U.S. Customs and Border Protection,'' dated July 
21, 2017.
---------------------------------------------------------------------------

    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 the Department's Web site at https://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 the Department'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,\35\ the Department 
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).
---------------------------------------------------------------------------

    \35\ 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 fittings from the PRC are 
materially injuring, or threatening material injury to, a U.S. 
industry.\36\ A negative ITC determination will result in the 
investigation being terminated; \37\ otherwise, this investigation will 
proceed according to statutory and regulatory time limits.
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    \36\ See section 703(a)(2) of the Act.
    \37\ 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 the Department; 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

[[Page 37052]]

of time limits. Review Extension of Time Limits; Final Rule, 78 FR 
57790 (September 20, 2013), available at https://www.gpo.gov/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.\38\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).^{39 40} The Department intends to reject factual 
submissions if the submitting party does not comply with the applicable 
revised certification requirements.
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    \38\ See section 782(b) of the Act.
    \39\ 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 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
    \40\ 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 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

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, the Department 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: August 2, 2017.
Carole Showers,
Executive Director, Office of Policy performing the duties of the 
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Investigation

    The merchandise covered by this investigation is cast iron soil 
pipe fittings, finished and unfinished, regardless of industry or 
proprietary specifications, and regardless of size. Cast iron soil 
pipe fittings are nonmalleable iron castings of various designs and 
sizes, including, but not limited to, bends, tees, wyes, traps, 
drains, and other common or special fittings, with or without side 
inlets.
    Cast iron soil pipe fittings are classified into two major 
types--hubless and hub and spigot. Hubless cast iron soil pipe 
fittings are 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. Hub and spigot pipe fittings have hubs into which the spigot 
(plain end) of the pipe or fitting is inserted. Cast iron soil pipe 
fittings are generally distinguished from other types of 
nonmalleable cast iron fittings by the manner in which they are 
connected to cast iron soil pipe and other fittings.
    The subject imports are normally classified in subheading 
7307.11.0045 of the Harmonized Tariff Schedule of the United States 
(HTSUS): Cast fittings of nonmalleable cast iron for 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. 2017-16771 Filed 8-7-17; 8:45 am]
 BILLING CODE 3510-DS-P

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