Non-Malleable Cast Iron Pipe Fittings From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, 31936-31938 [2011-13713]
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31936
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices
Notice of opportunity for
appointment to serve as a District
Export Council member.
ACTION:
The Department of Commerce
is currently seeking nominations of
individuals for consideration for
appointment by the Secretary of
Commerce to serve as members of one
of the 60 District Export Councils
(DECs) nationwide. DECs are closely
affiliated with the U.S. Export
Assistance Centers of the U.S. and
Foreign Commercial Service (CS), and
play a key role in the planning and
coordination of export activities for
their communities.
DATES: Nominations for individuals to a
DEC must be received by the local
USEAC Director by close of business on
July 15, 2011.
FOR FURTHER INFORMATION CONTACT:
Please contact the Director of your local
USEAC for more information on DECs
and the nomination process. You may
identify your local USEAC by entering
your zip code online at https://
www.buyusa.gov/home/us.html. For
general program information, contact
Daniel O’Brien, National DEC Liaison,
CS, at (202) 482–1376.
SUPPLEMENTARY INFORMATION: As lead
organizations serving the international
business community, and working
together with USEACs, the mission of
the DECs is to facilitate the development
of an effective local export assistance
network, support the expansion of
export opportunities for local U.S.
companies, serve as a communication
link between the business community
and CS, and assist in coordinating the
activities of trade assistance partners to
leverage available resources.
Selection Process: Each DEC has a
target membership of 30. Approximately
half of the positions are open on each
DEC for the four-year term from January
1, 2012, through December 31, 2015.
The local USEAC Director receives
nominations for membership, and
makes recommendations to the
Secretary of Commerce in consultation
with the local DEC Executive
Committee. After ensuring that
nominees meet the membership criteria
(described below) and after completion
of a vetting process, the Secretary
selects nominees for appointment to
local DECs. DEC members are appointed
by and serve at the pleasure of the
Secretary of Commerce.
Membership Criteria: Individuals
appointed to a DEC become part of a
select corps of trade experts dedicated
to providing international trade
leadership and guidance to the local
business community and assistance to
emcdonald on DSK2BSOYB1PROD with NOTICES
SUMMARY:
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16:40 Jun 01, 2011
Jkt 223001
the Department of Commerce on export
development issues. Appointment is
based upon an individual’s
international trade leadership in the
local community, ability to influence
the local environment for exporting,
interest in export development, and
willingness and ability to devote time to
DEC activities. Members include
exporters, export service providers and
others whose profession supports U.S.
export promotion efforts. DEC member
appointments are made without regard
to political affiliation. DEC membership
is open to U.S. citizens and permanent
residents of the United States. As
representatives of the local exporting
community, DEC Members must reside
in, or conduct the majority of their work
in, the territory that the DEC covers.
DEC membership is not open to
registered Federal lobbyists, Federal
government employees (other than
USEAC Directors), or individuals
representing foreign governments.
Authority: 15 U.S.C. 1501 et seq., 15
U.S.C. 4721.
Dated: May 26, 2011.
Anne Grey,
Acting DAF of Office of Domestic Operations.
[FR Doc. 2011–13711 Filed 6–1–11; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–875]
Non-Malleable Cast Iron Pipe Fittings
From the People’s Republic of China:
Final Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 31, 2011, the
Department of Commerce
(‘‘Department’’) published the
Preliminary Results of the 2009–2010
administrative review of the
antidumping duty order on nonmalleable cast iron pipe fittings (‘‘pipe
fittings’’) from the People’s Republic of
China (‘‘PRC’’).1 We gave interested
parties an opportunity to comment on
the Preliminary Results. We did not
receive comments on the Preliminary
Results. We find that the only
participating mandatory respondent in
this review, NEP (Tianjin) Machinery
Company (‘‘NEP Tianjin’’) did not sell
subject merchandise at less than normal
AGENCY:
1 See Non-Malleable Cast Iron Pipe Fittings From
the People’s Republic of China: Preliminary Results
of Antidumping Duty Administrative Review, 76 FR
5333 (January 31, 2011) (‘‘Preliminary Results’’).
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Sfmt 4703
value during the period of review
(‘‘POR’’), April 1, 2009, through March
31, 2010. The final dumping margin for
this administrative review is listed in
the ‘‘Final Results of Review’’ section
below.
DATES: Effective Date: June 2, 2011.
FOR FURTHER INFORMATION CONTACT:
Karine Gziryan, AD/CVD Operations,
Office 4, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–4081.
SUPPLEMENTARY INFORMATION:
Background
As noted above, on January 31, 2011,
the Department published the
Preliminary Results of pipe fittings from
the PRC. The Department did not
receive comments from interested
parties on our Preliminary Results.
Changes Since the Preliminary Results
We have not made any changes to our
Preliminary Results.
Scope of the Order
The products covered by the order are
finished and unfinished non-malleable
cast iron pipe fittings with an inside
diameter ranging from 1⁄4 inch to 6
inches, whether threaded or
unthreaded, regardless of industry or
proprietary specifications. The subject
fittings include elbows, ells, tees,
crosses, and reducers as well as flanged
fittings. These pipe fittings are also
known as ‘‘cast iron pipe fittings’’ or
‘‘gray iron pipe fittings.’’ These cast iron
pipe fittings are normally produced to
ASTM A–126 and ASME B.16.4
specifications and are threaded to
ASME B1.20.1 specifications. Most
building codes require that these
products are Underwriters Laboratories
(UL) certified. The scope does not
include cast iron soil pipe fittings or
grooved fittings or grooved couplings.
Fittings that are made out of ductile
iron that have the same physical
characteristics as the gray or cast iron
fittings subject to the scope above or
which have the same physical
characteristics and are produced to
ASME B.16.3, ASME B.16.4, or ASTM
A–395 specifications, threaded to ASME
B1.20.1 specifications and UL certified,
regardless of metallurgical differences
between gray and ductile iron, are also
included in the scope of the order.
These ductile fittings do not include
grooved fittings or grooved couplings.
Ductile cast iron fittings with
mechanical joint ends (MJ), or push on
ends (PO), or flanged ends and
E:\FR\FM\02JNN1.SGM
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Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices
produced to the American Water Works
Association (‘‘AWWA’’) specifications
AWWA C110 or AWWA C153 are not
included.
Imports of subject merchandise are
currently classifiable in the Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) under item numbers
7307.11.00.30, 7307.11.00.60,
7307.19.30.60, 7307.19.30.85,
7326.90.8588. HTSUS subheadings are
provided for convenience and customs
purposes. The written description of the
scope of the order is dispositive.2
Non-Market Economy Treatment
The Department considers the PRC to
be a non-market economy (‘‘NME’’)
country.3 In accordance with section
771(18)(C)(i) of the Tariff Act of 1930, as
amended (‘‘the Act’’), any determination
that a foreign country is an NME
country shall remain in effect until
revoked by the administering authority.
No party has challenged the designation
of the PRC as an NME country in this
review. Therefore, the Department
continues to treat the PRC as an NME
country for purposes of the final results.
emcdonald on DSK2BSOYB1PROD with NOTICES
Surrogate Country
In the Preliminary Results, the
Department stated that it selected India
as the appropriate surrogate country to
use in this administrative review for the
following reasons: 1) it is a significant
producer of comparable merchandise; 2)
it is at a similar level of economic
development pursuant to section
773(c)(4) of the Act; and 3) the
Department has reliable data from India
that it can use to value the factors of
production.4 The Department received
no comments on the surrogate country
issue after the Preliminary Results.
Therefore, the Department has not made
2 On April 21, 2009, in consultation with CBP, the
Department added the following HTSUS
classification to the AD/CVD module for pipe
fittings: 7326.90.8588. See Memorandum from
Abdelali Elouaradia, Office Director, Import
Administration, Office 4 to Stephen Claeys, Deputy
Assistant Secretary, Import Administration
regarding the Final Scope Ruling on Black Cast Iron
Cast, Green Ductile Flange and Twin Tee,
antidumping duty order on non-malleable iron cast
pipe fittings from China, dated September 19, 2008.
See also Memorandum to the file from Karine
Gziryan, Financial Analyst, Office 4, regarding
Module Update adding Harmonized Tariff Schedule
Number for twin tin fitting included in the scope
of antidumping order on non-malleable iron cast
pipe fittings from China, dated April 22, 2009.
3 See, e.g., Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final
Determination: Coated Free Sheet Paper from the
People’s Republic of China, 72 FR 30758, 30760
(June 4, 2007), unchanged in Final Determination
of Sales at Less Than Fair Value: Coated Free Sheet
Paper from the People’s Republic of China, 72 FR
60632 and accompanying Issues and Decision
Memorandum at Comment 1 (October 25, 2007).
4 See Preliminary Results, 76 FR at 5334.
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16:40 Jun 01, 2011
Jkt 223001
changes to its findings with respect to
the selection of a surrogate country for
the final results.
Separate Rates
In proceedings involving NME
countries, the Department holds a
rebuttable presumption that all
companies within the country are
subject to government control and, thus,
should be assessed a single antidumping
duty rate. It is the Department’s policy
to assign all exporters of subject
merchandise in an NME country this
single rate unless an exporter can
demonstrate that it is sufficiently
independent so as to be entitled to a
separate rate.
In the Preliminary Results, the
Department found it is not necessary to
perform any further separate-rate
analysis with respect to the lone
mandatory respondent (i.e., NEP
Tianjin) because it submitted
information indicating that NEP Tianjin
is a wholly foreign-owned enterprise
under Chinese law.5 The Department
did not receive comments on its
separate rate analysis. Therefore, the
Department has not made changes to its
findings with respect to the separate rate
analysis for the final results.
Final Results of Review
The dumping margin for the POR is
as follows:
Company
Antidumping
duty margin
(percent)
NEP (Tianjin) Machinery
Company ...........................
00.00
Assessment
Upon issuance of the final results, the
Department will determine, and U.S.
Customs and Border Protection (‘‘CBP’’)
shall assess, antidumping duties on all
appropriate entries. The Department
intends to issue assessment instructions
to CBP 15 days after the date of
publication of the final results of
review. Pursuant to 19 CFR
351.212(b)(1), we will calculate
importer-specific (or customer) ad
valorem duty assessment rates based on
the ratio of the total amount of the
dumping margins calculated for the
examined sales to the total entered
value of those same sales. In accordance
with 19 CFR 351.106(c)(2), we will
instruct CBP to liquidate, without regard
to antidumping duties, all entries of
subject merchandise during the POR for
which the importer-specific assessment
rate is zero or de minimis.
5 See
NEP Tianjin’s July 7, 2010 Section A
Questionnaire Response.
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Sfmt 4703
31937
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For the
exporters listed above, the cash deposit
rate will be the rate established in the
final results of review (except, if the rate
is zero or de minimis, i.e., less than 0.5
percent, a zero cash deposit rate will be
required for that company); (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that have separate rates, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (3) for all PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC-wide rate of 75.5 percent; 6
and (4) for all non-PRC exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
PRC exporters that supplied that nonPRC exporter. The deposit requirements,
when imposed, shall remain in effect
until further notice.
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties has occurred and the subsequent
assessment of doubled antidumping
duties.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
6 See Non-Malleable Cast Iron Pipe Fittings From
the People’s Republic of China: Antidumping Duty
Order, 68 FR 16765 (April 7, 2003).
E:\FR\FM\02JNN1.SGM
02JNN1
31938
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
administrative review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: May 25, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–13713 Filed 6–1–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–820]
Certain Hot-Rolled Carbon Steel Flat
Products From India: Notice of
Preliminary Results of 2009–2010
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
petitioners,1 the Department of
Commerce (‘‘the Department’’) is
conducting an administrative review of
the antidumping duty order on certain
hot-rolled carbon steel flat products
from India (‘‘hot-rolled steel’’)
manufactured by Ispat Industries
Limited (‘‘Ispat’’), JSW Steel Limited
(‘‘JSW’’), and Tata Steel Limited (‘‘Tata’’).
The period of review (‘‘POR’’) is
December 1, 2009, through November
30, 2010. We preliminarily determine
that Ispat, JSW, and Tata had no entries
of subject merchandise during the POR.
Interested parties are invited to
comment on these preliminary results.
We intend to issue the final results no
later than 120 days from the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (‘‘the Act’’).
DATES: Effective Date: June 2, 2011.
FOR FURTHER INFORMATION CONTACT:
Christopher Hargett or James Terpstra,
AD/CVD Operations Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–4161 and (202)
482–3965, respectively.
SUPPLEMENTARY INFORMATION:
emcdonald on DSK2BSOYB1PROD with NOTICES
AGENCY:
Background
On December 3, 2001, the Department
published in the Federal Register the
1 The petitioners are the United States Steel
Corporation Steel and Nucor Corporation
(collectively ‘‘petitioners’’).
VerDate Mar<15>2010
16:40 Jun 01, 2011
Jkt 223001
antidumping duty order on Indian hotrolled steel. See Notice of Amended
Final Antidumping Duty Determination
of Sales at Less Than Fair Value and
Antidumping Duty Order: Certain HotRolled Carbon Steel Flat Products From
India, 66 FR 60194 (December 3, 2001)
(‘‘Amended Final Determination’’). On
December 1, 2010, the Department
published in the Federal Register a
notice titled ‘‘Opportunity to Request
Administrative Review’’ of the
antidumping duty order on Indian hotrolled steel. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
To Request Administrative Review, 75
FR 74682 (December 1, 2010). On
December 30, 2010, and January 3, 2011,
petitioners requested an administrative
review of the antidumping duty order
on Indian hot-rolled steel, for subject
merchandise produced or exported by
Ispat, JSW, and Tata. On January 28,
2011, the Department published a notice
of initiation of antidumping duty
administrative review of Indian hotrolled steel for the period December 1,
2009, through November 30, 2010. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, 76 FR 5137 (January 28, 2011)
(‘‘Initiation Notice’’). On January 31,
2011, February 4, 2011, and February
15, 2011, respectively, JSW, Ispat and
Tata each informed the Department that
they did not have shipments of subject
merchandise to the United States during
the POR.
On April 11, 2011, the Department
placed on the record and invited
interested parties to comment on U.S.
Customs and Border Protection (‘‘CBP’’)
data obtained to corroborate the claims
of the respondents. See Memorandum to
the File from Christopher Hargett,
International Trade Compliance
Analyst, through Melissa Skinner,
Office Director, concerning ‘‘Certain Hot
Rolled Carbon Steel Flat Products from
India: Customs and Border Protection
(‘‘CBP’’) Data for Corroboration of Claims
of No Shipments,’’ dated April 11, 2011
(‘‘CBP Data Memo’’). We received no
comments regarding the CBP data.
On May 13, 2011, the Department
placed on the record the April 13, 2011,
inquiry of no shipments to CBP from the
Department. See Memorandum to the
File from Christopher Hargett,
International Trade Compliance
Analyst, through Melissa Skinner,
Office Director, concerning ‘‘Certain
Hot-Rolled Carbon Steel Flat Products
from India: Customs No Shipments
Inquiry,’’ dated May 13, 2011. The
Department did not receive a reply from
CBP regarding its inquiry.
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Fmt 4703
Sfmt 4703
Period of Review
The POR covered by this review is
December 1, 2009, through November
30, 2010.
Scope of the Order
The merchandise subject to this order
is certain hot-rolled carbon steel flat
products of a rectangular shape, of a
width of 0.5 inch or greater, neither
clad, plated, nor coated with metal and
whether or not painted, varnished, or
coated with plastics or other nonmetallic substances, in coils (whether or
not in successively superimposed
layers), regardless of thickness, and in
straight lengths, of a thickness of less
than 4.75 mm and of a width measuring
at least 10 times the thickness.
Universal mill plate (i.e., flat-rolled
products rolled on four faces or in a
closed box pass, of a width exceeding
150 mm, but not exceeding 1250 mm,
and of a thickness of not less than 4
mm, not in coils and without patterns
in relief) of a thickness not less than 4.0
mm is not included within the scope of
this order.
Specifically included in the scope of
this order are vacuum-degassed, fully
stabilized (commonly referred to as
interstitial-free (‘‘IF’’)) steels, highstrength low-alloy (‘‘HSLA’’) steels, and
the substrate for motor lamination
steels. IF steels are recognized as lowcarbon steels with micro-alloying levels
of elements such as titanium or niobium
(also commonly referred to as
columbium), or both, added to stabilize
carbon and nitrogen elements. HSLA
steels are recognized as steels with
micro-alloying levels of elements such
as chromium, copper, niobium,
vanadium, and molybdenum. The
substrate for motor lamination steels
contains micro-alloying levels of
elements such as silicon and aluminum.
Steel products included in the scope
of this order, regardless of definitions in
the Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’), are products
in which: (i) Iron predominates, by
weight, over each of the other contained
elements; (ii) the carbon content is 2
percent or less, by weight; and (iii) none
of the elements listed below exceeds the
quantity, by weight, respectively
indicated:
1.80 percent of manganese, or 2.25
percent of silicon, or 1.00 percent of
copper, or 0.50 percent of aluminum, or
1.25 percent of chromium, or 0.30
percent of cobalt, or 0.40 percent of
lead, or 1.25 percent of nickel, or 0.30
percent of tungsten, or 0.10 percent of
molybdenum, or 0.10 percent of
niobium, or 0.15 percent of vanadium,
or 0.15 percent of zirconium.
E:\FR\FM\02JNN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Notices]
[Pages 31936-31938]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13713]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-875]
Non-Malleable Cast Iron Pipe Fittings From the People's Republic
of China: Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 31, 2011, the Department of Commerce
(``Department'') published the Preliminary Results of the 2009-2010
administrative review of the antidumping duty order on non-malleable
cast iron pipe fittings (``pipe fittings'') from the People's Republic
of China (``PRC'').\1\ We gave interested parties an opportunity to
comment on the Preliminary Results. We did not receive comments on the
Preliminary Results. We find that the only participating mandatory
respondent in this review, NEP (Tianjin) Machinery Company (``NEP
Tianjin'') did not sell subject merchandise at less than normal value
during the period of review (``POR''), April 1, 2009, through March 31,
2010. The final dumping margin for this administrative review is listed
in the ``Final Results of Review'' section below.
---------------------------------------------------------------------------
\1\ See Non-Malleable Cast Iron Pipe Fittings From the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review, 76 FR 5333 (January 31, 2011) (``Preliminary
Results'').
---------------------------------------------------------------------------
DATES: Effective Date: June 2, 2011.
FOR FURTHER INFORMATION CONTACT: Karine Gziryan, AD/CVD Operations,
Office 4, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-4081.
SUPPLEMENTARY INFORMATION:
Background
As noted above, on January 31, 2011, the Department published the
Preliminary Results of pipe fittings from the PRC. The Department did
not receive comments from interested parties on our Preliminary
Results.
Changes Since the Preliminary Results
We have not made any changes to our Preliminary Results.
Scope of the Order
The products covered by the order are finished and unfinished non-
malleable cast iron pipe fittings with an inside diameter ranging from
\1/4\ inch to 6 inches, whether threaded or unthreaded, regardless of
industry or proprietary specifications. The subject fittings include
elbows, ells, tees, crosses, and reducers as well as flanged fittings.
These pipe fittings are also known as ``cast iron pipe fittings'' or
``gray iron pipe fittings.'' These cast iron pipe fittings are normally
produced to ASTM A-126 and ASME B.16.4 specifications and are threaded
to ASME B1.20.1 specifications. Most building codes require that these
products are Underwriters Laboratories (UL) certified. The scope does
not include cast iron soil pipe fittings or grooved fittings or grooved
couplings.
Fittings that are made out of ductile iron that have the same
physical characteristics as the gray or cast iron fittings subject to
the scope above or which have the same physical characteristics and are
produced to ASME B.16.3, ASME B.16.4, or ASTM A-395 specifications,
threaded to ASME B1.20.1 specifications and UL certified, regardless of
metallurgical differences between gray and ductile iron, are also
included in the scope of the order. These ductile fittings do not
include grooved fittings or grooved couplings. Ductile cast iron
fittings with mechanical joint ends (MJ), or push on ends (PO), or
flanged ends and
[[Page 31937]]
produced to the American Water Works Association (``AWWA'')
specifications AWWA C110 or AWWA C153 are not included.
Imports of subject merchandise are currently classifiable in the
Harmonized Tariff Schedule of the United States (``HTSUS'') under item
numbers 7307.11.00.30, 7307.11.00.60, 7307.19.30.60, 7307.19.30.85,
7326.90.8588. HTSUS subheadings are provided for convenience and
customs purposes. The written description of the scope of the order is
dispositive.\2\
---------------------------------------------------------------------------
\2\ On April 21, 2009, in consultation with CBP, the Department
added the following HTSUS classification to the AD/CVD module for
pipe fittings: 7326.90.8588. See Memorandum from Abdelali
Elouaradia, Office Director, Import Administration, Office 4 to
Stephen Claeys, Deputy Assistant Secretary, Import Administration
regarding the Final Scope Ruling on Black Cast Iron Cast, Green
Ductile Flange and Twin Tee, antidumping duty order on non-malleable
iron cast pipe fittings from China, dated September 19, 2008. See
also Memorandum to the file from Karine Gziryan, Financial Analyst,
Office 4, regarding Module Update adding Harmonized Tariff Schedule
Number for twin tin fitting included in the scope of antidumping
order on non-malleable iron cast pipe fittings from China, dated
April 22, 2009.
---------------------------------------------------------------------------
Non-Market Economy Treatment
The Department considers the PRC to be a non-market economy
(``NME'') country.\3\ In accordance with section 771(18)(C)(i) of the
Tariff Act of 1930, as amended (``the Act''), any determination that a
foreign country is an NME country shall remain in effect until revoked
by the administering authority. No party has challenged the designation
of the PRC as an NME country in this review. Therefore, the Department
continues to treat the PRC as an NME country for purposes of the final
results.
---------------------------------------------------------------------------
\3\ See, e.g., Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final Determination: Coated Free
Sheet Paper from the People's Republic of China, 72 FR 30758, 30760
(June 4, 2007), unchanged in Final Determination of Sales at Less
Than Fair Value: Coated Free Sheet Paper from the People's Republic
of China, 72 FR 60632 and accompanying Issues and Decision
Memorandum at Comment 1 (October 25, 2007).
---------------------------------------------------------------------------
Surrogate Country
In the Preliminary Results, the Department stated that it selected
India as the appropriate surrogate country to use in this
administrative review for the following reasons: 1) it is a significant
producer of comparable merchandise; 2) it is at a similar level of
economic development pursuant to section 773(c)(4) of the Act; and 3)
the Department has reliable data from India that it can use to value
the factors of production.\4\ The Department received no comments on
the surrogate country issue after the Preliminary Results. Therefore,
the Department has not made changes to its findings with respect to the
selection of a surrogate country for the final results.
---------------------------------------------------------------------------
\4\ See Preliminary Results, 76 FR at 5334.
---------------------------------------------------------------------------
Separate Rates
In proceedings involving NME countries, the Department holds a
rebuttable presumption that all companies within the country are
subject to government control and, thus, should be assessed a single
antidumping duty rate. It is the Department's policy to assign all
exporters of subject merchandise in an NME country this single rate
unless an exporter can demonstrate that it is sufficiently independent
so as to be entitled to a separate rate.
In the Preliminary Results, the Department found it is not
necessary to perform any further separate-rate analysis with respect to
the lone mandatory respondent (i.e., NEP Tianjin) because it submitted
information indicating that NEP Tianjin is a wholly foreign-owned
enterprise under Chinese law.\5\ The Department did not receive
comments on its separate rate analysis. Therefore, the Department has
not made changes to its findings with respect to the separate rate
analysis for the final results.
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\5\ See NEP Tianjin's July 7, 2010 Section A Questionnaire
Response.
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Final Results of Review
The dumping margin for the POR is as follows:
------------------------------------------------------------------------
Antidumping
Company duty margin
(percent)
------------------------------------------------------------------------
NEP (Tianjin) Machinery Company........................ 00.00
------------------------------------------------------------------------
Assessment
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries. The Department intends
to issue assessment instructions to CBP 15 days after the date of
publication of the final results of review. Pursuant to 19 CFR
351.212(b)(1), we will calculate importer-specific (or customer) ad
valorem duty assessment rates based on the ratio of the total amount of
the dumping margins calculated for the examined sales to the total
entered value of those same sales. In accordance with 19 CFR
351.106(c)(2), we will instruct CBP to liquidate, without regard to
antidumping duties, all entries of subject merchandise during the POR
for which the importer-specific assessment rate is zero or de minimis.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters
listed above, the cash deposit rate will be the rate established in the
final results of review (except, if the rate is zero or de minimis,
i.e., less than 0.5 percent, a zero cash deposit rate will be required
for that company); (2) for previously investigated or reviewed PRC and
non-PRC exporters not listed above that have separate rates, the cash
deposit rate will continue to be the exporter-specific rate published
for the most recent period; (3) for all PRC exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be the PRC-wide rate of 75.5 percent;
\6\ and (4) for all non-PRC exporters of subject merchandise which have
not received their own rate, the cash deposit rate will be the rate
applicable to the PRC exporters that supplied that non-PRC exporter.
The deposit requirements, when imposed, shall remain in effect until
further notice.
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\6\ See Non-Malleable Cast Iron Pipe Fittings From the People's
Republic of China: Antidumping Duty Order, 68 FR 16765 (April 7,
2003).
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Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations
[[Page 31938]]
and terms of an APO is a violation which is subject to sanction.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: May 25, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-13713 Filed 6-1-11; 8:45 am]
BILLING CODE 3510-DS-P
