Forged Steel Fittings From the People's Republic of China: Initiation of Countervailing Duty Investigation, 50623-50626 [2017-23759]
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Federal Register / Vol. 82, No. 210 / Wednesday, November 1, 2017 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–068]
Forged Steel Fittings From the
People’s Republic of China: Initiation
of Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable November 1, 2017.
FOR FURTHER INFORMATION CONTACT:
Brian Smith at (202) 482–1766 or Jaron
Moore at (202) 482–3640, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
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On October 5, 2017, the U.S.
Department of Commerce (the
Department) received a countervailing
duty (CVD) Petition concerning imports
of forged steel fittings from the People’s
Republic of China (the PRC), filed in
proper form on behalf of Bonney Forge
Corporation and the United Steel, Paper
and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service
Workers International Union
(collectively, the petitioners). The CVD
Petition was accompanied by
antidumping duty (AD) Petitions
concerning imports of forged steel
fittings from the PRC, Italy, and
Taiwan.1 The petitioners consist of a
domestic producer of forged steel
fittings and a certified union that
represents workers produce forged steel
fittings.2
On October 6, 10, and 17, 2017, the
Department requested supplemental
information pertaining to certain areas
of the Petition.3 The petitioners filed
1 See Letter to the Secretary of Commerce from
the petitioners re: ‘‘Petitions for the Imposition of
Antidumping and Countervailing Duties: Forged
Steel Fittings from the People’s Republic of China,
Italy, and Taiwan’’ (October 5, 2017) (the Petitions).
2 Id., Volume I of the Petitions, at 1 and Exhibit
I–1.
3 See Letter to the petitioners from the
Department, ‘‘Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports
of Forged Steel Fittings from the People’s Republic
of China, Italy, and Taiwan: Supplemental
Questions’’ (October 6, 2017)(General Issues
Supplemental Questionnaire); Letter to the
petitioners from the Department, ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Forged Steel Fittings from the People’s Republic of
China: Supplemental Questions’’ (October 10, 2017)
(PRC CVD Supplemental Questionnaire); and Letter
to the petitioners from the Department, ‘‘Petitions
for the Imposition of Countervailing Duties on
Imports of Forged Steel Fittings from the People’s
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responses to these requests on October
11, 12 and 18, 2017, respectively.4 The
petitioners filed revised scope language
on October 19, 2017.5
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioners allege that the
Government of the PRC is providing
countervailable subsidies, within the
meaning of sections 701 and 771(5) of
the Act, to imports of forged steel
fittings from the PRC, and that such
imports are materially injuring, or
threatening material injury to, the
domestic industry producing forged
steel fittings 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 petitioners
supporting their allegations.
The Department finds that the
petitioners filed the Petition on behalf of
the domestic industry because the
petitioners are interested parties as
defined in sections 771(9)(C) and (D) of
the Act. The Department also finds that
the petitioners demonstrated sufficient
industry support with respect to the
initiation of the CVD investigation that
the petitioners are requesting.6
Period of Investigation
Because the Petition was filed on
October 5, 2017, the period of
investigation (POI) is January 1, 2016,
through December 31, 2016.
Scope of the Investigation
The product covered by this
investigation is forged steel 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.
Republic of China: Supplemental Questions’’
(October 17, 2017) (PRC CVD Second Supplemental
Questionnaire).
4 See Letter to the Secretary of Commerce from
the petitioners, ‘‘Petition for the Imposition of
Countervailing Duties on Imports of Forged Steel
Fittings from the People’s Republic of China:
Response to Supplemental Questions’’ (October 12,
2017) (PRC CVD Supplement); see also Letter to the
Secretary of Commerce from the petitioners,
‘‘Forged Steel Fittings from the People’s Republic
of China, Italy, and Taiwan: Response to
Supplemental Questions—General Issues’’ (October
11, 2017) (General Issues Supplement); and Letter
to the Secretary of Commerce from the petitioners,
‘‘Forged Steel Fittings from the People’s Republic
of China, Italy, and Taiwan: Response to Second
Supplemental Question on Industry Support and
Cumulation’’ (October 18, 2017) (Second General
Issues Supplement).
5 See Letter to the Secretary of Commerce from
the petitioners, ‘‘Forged Steel Fittings from China,
Italy, and Taiwan: Revised Scope’’ (October 19,
2017).
6 See ‘‘Determination of Industry Support for the
Petition’’ section below.
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Comments on Scope of the Investigation
During our review of the Petition, the
Department issued questions to, and
received responses from, the petitioners
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.7
As discussed in the preamble to the
Department’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(scope).8 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,9 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires, the
Department requests that all interested
parties submit such comments by 5:00
p.m. Eastern Time (ET) on Tuesday,
November 14, 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,
November 24, 2017, which is 10
calendar days from the initial comments
deadline.10
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. All scope comments must
be filed on the records of each of the
concurrent AD and CVD investigations.
Filing Requirements
All submissions to the Department
must be filed electronically using
Enforcement and Compliance’s
Antidumping Duty and Countervailing
Duty Centralized Electronic Service
System (ACCESS).11 An electronically
7 See General Issues Supplemental Questionnaire;
see also General Issues Supplement.
8 See Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
9 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
10 See 19 CFR 351.303(b).
11 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011), see also Enforcement and
Compliance: Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of the Department’s electronic filing requirements,
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filed document must be received
successfully in its entirety by the time
and date it is due. Documents exempted
from the electronic submission
requirements must be filed manually
(i.e., in paper form) with Enforcement
and 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 sections 702(b)(4)(A)(i)
and (ii) of the Act, the Department
notified representatives of the
Government of the PRC of the receipt of
the Petition, and provided them the
opportunity for consultations with
respect to the CVD Petition.12 These
consultations were held via
teleconference on October 20, 2017.13
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Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
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
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%20
Procedures.pdf.
12 See Letter to the Embassy of the People’s
Republic of China, ‘‘Countervailing Duty Petition
on Forged Steel Fittings from the People’s Republic
of China: Invitation for Consultations to Discuss the
Countervailing Duty Petition’’ (October 6, 2017).
13 See Memorandum to the File, ‘‘Consultations
with Officials from the Government of China
Regarding the Countervailing Duty Petition
Concerning Forged Steel Fittings’’ (October 20,
2017).
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18:16 Oct 31, 2017
Jkt 244001
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 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,14 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.15
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 petitioners do not offer a
definition of the domestic like product
distinct from the scope of this
investigation. Based on our analysis of
the information submitted on the
record, we have determined that forged
steel fittings, as defined in the scope,
constitutes a single domestic like
product and we have analyzed industry
support in terms of that domestic like
product.16
In determining whether the
petitioners have standing under section
702(c)(4)(A) of the Act, we considered
the industry support data contained in
14 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)).
16 For a discussion of the domestic like product
analysis in this case, see Countervailing Duty
Investigation Initiation Checklist: Forged Steel
Fittings from the People’s Republic of China (PRC
CVD Initiation Checklist), at Attachment II,
Analysis of Industry Support for the Antidumping
and Countervailing Duty Petitions Covering Forged
Steel Fittings from the People’s Republic of China,
Italy, and Taiwan (Attachment II). The 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.
15 See
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the Petition with reference to the
domestic like product as defined in the
‘‘Scope of the Investigation,’’ in the
Appendix of this notice. The petitioners
provided their own production of the
domestic like product in 2016 and
compared this to the total 2016
production of the domestic like product
for the entire domestic industry.17 We
relied on the data the petitioners
provided for purposes of measuring
industry support.18
Our review of the data provided in the
Petition, the supplements to the
Petition, and other information readily
available to the Department indicates
that the petitioners have established
industry support.19 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).20 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.21 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.22 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
petitioners filed the Petition on behalf of
the domestic industry because they are
interested parties as defined in sections
771(9)(C) and (D) of the Act and they
have demonstrated sufficient industry
support with respect to the CVD
17 See Volume I of the Petition, at 3–4 and Exhibit
I–1; see also General Issues Supplement, at 1 and
Exhibit I–15; and Second General Issues
Supplement, at 1–2.
18 Id. For further discussion, see PRC CVD
Initiation Checklist, at Attachment II.
19 See PRC CVD Initiation Checklist, at
Attachment II.
20 See section 702(c)(4)(D) of the Act; see also
PRC CVD Initiation Checklist, at Attachment II.
21 See PRC CVD Initiation Checklist, at
Attachment II.
22 Id.
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investigation that they are requesting
the Department initiate.23
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 petitioners allege 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 petitioners
allege that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.24
The petitioners contend that the
industry’s injured condition is
illustrated by a significant and
increasing volume of imports from the
subject country; reduced market share;
underselling and price depression or
suppression; and a negative impact on
the domestic industry’s capacity
utilization, employment, and profits.25
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.26
Initiation of CVD Investigation
Based on the examination of the CVD
Petition, we find that the Petition meets
the requirements of section 702 of the
Act. Therefore, we are initiating a CVD
investigation to determine whether
imports of forged steel fittings from the
PRC benefit from countervailable
subsidies conferred by the Government
of the PRC. 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 no
later than 65 days after the date of this
initiation.
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23 Id.
24 See
Volume I of the Petition, at 10 and Exhibit
I–4.
25 Id. at 10–23 and Exhibits I–4 and I–7 through
I–13.
26 See PRC CVD Initiation Checklist, at
Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Forged Steel Fittings from the People’s
Republic of China, Italy, and Taiwan.
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Under the Trade Preferences
Extension Act of 2015, numerous
amendments to the AD and CVD laws
were made.27 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.28 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.29
Subsidy Allegations
Based on our review of the Petition,
we find that there is sufficient
information to initiate a CVD
investigation on 23 alleged programs.
For a full discussion of the basis for our
decision to initiate on each program, see
the PRC 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 no later than
65 days after the date of this initiation.
Respondent Selection
The petitioners named 14 companies
as producers/exporters of forged steel
fittings in the PRC.30 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
forged steel fittings from the PRC during
the POI under the appropriate
Harmonized Tariff Schedule of the
United States numbers listed in the
‘‘Scope of the Investigation,’’ in the
Appendix.
27 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
28 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) (Applicability Notice).
The 2015 amendments may be found at https://
www.congress.gov/bill/114th-congress/house-bill/
1295/text/pl.
29 See Applicability Notice, 80 FR at 46794–95.
30 See Volume I of the Petition at Exhibit I–3.
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50625
On October 19, 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.31
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 http://enforcement.trade.gov/apo.
Comments must be filed
electronically using ACCESS. An
electronically filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the date noted above. We intend to
finalize our decisions 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), copies of the public version
of the Petition has been provided to the
Government of the PRC via ACCESS. To
the extent practicable, we will attempt
to provide a copy of the public version
of the Petition to each exporter named
in the Petition, as provided under 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
forged steel fittings from the PRC are
materially injuring, or threatening
material injury to, a U.S. industry.32 A
negative ITC determination will result
in the investigation being terminated.33
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;
31 See Memorandum, ‘‘Forged Steel Fittings from
the PRC: U.S. Customs Data for Respondent
Selection’’ (October 19, 2017).
32 See section 703(a)(2) of the Act.
33 See section 703(a)(1) of the Act.
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(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)–(iv). 19 CFR 351.301(b)
requires any party, when submitting
factual information, to specify under
which subsection of 19 CFR
351.102(b)(21) the information is being
submitted 34 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.35 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. Interested
parties should review the regulations
prior to submitting factual information
in this investigation.
sradovich on DSK3GMQ082PROD with NOTICES
Extensions 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. ET
on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in
the letter or memorandum setting forth
the deadline (including a specified time)
by which extension requests must be
filed to be considered timely. An
extension request must be made in a
separate, stand-alone submission; under
limited circumstances we will grant
untimely-filed requests for the extension
of time limits. Parties should review
Extension of Time Limits; Final Rule, 78
FR 57790 (September 20, 2013),
available at http://www.gpo.gov/fdsys/
pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual
information in this investigation.
34 See
35 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
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Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.36
Parties are hereby reminded that revised
certification requirements are in effect
for company/government officials, as
well as their representatives.37
Investigations initiated on the basis of
the petition filed on or after August 16,
2013, and other segments of any AD or
CVD proceedings initiated on or after
August 16, 2013, should use the formats
for the revised certifications provided in
19 CFR 351.303(g). 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 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, and 19 CFR 351.203(c).
Dated: October 25, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Investigation
The merchandise covered by this
investigation is carbon and alloy forged steel
fittings, whether unfinished (commonly
known as blanks or rough forgings) or
finished. Such fittings are made in a variety
of shapes including, but not limited to,
elbows, tees, crosses, laterals, couplings,
reducers, caps, plugs, bushings and unions.
Forged steel fittings are covered regardless of
end finish, whether threaded, socket-weld or
other end connections.
While these fittings are generally
manufactured to specifications ASME
36 See
section 782(b) of the Act.
Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (‘‘Final Rule’’); see also frequently asked
questions regarding the Final Rule, available at
http://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
37 See
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B16.11, MSS SP–79, and MSS SP–83, ASTM
A105, ASTM A350 and ASTM A182, the
scope is not limited to fittings made to these
specifications.
The term forged is an industry term used
to describe a class of products included in
applicable standards, and does not reference
an exclusive manufacturing process. Forged
steel fittings are not manufactured from
casting. Pursuant to the applicable standards,
fittings may alsobe machined from bar stock
or machined from seamless pipe and tube.
All types of fittings are included in the
scope regardless of nominal pipe size (which
may or may not be expressed in inches of
nominal pipe size), pressure rating (usually,
but not necessarily expressed in pounds of
pressure, e.g., 2,000 or 2M; 3,000 or 3M;
6,000 or 6M; 9,000 or 9M), wall thickness,
and whether or not heat treated.
Excluded from this scope are all fittings
entirely made of stainless steel. Also
excluded are flanges, butt weld fittings, and
nipples.
Subject carbon and alloy forged steel
fittings are normally entered under HTSUS
7307.99.1000, 7307.99.3000, 7307.99.5045,
and 7307.99.5060. They also may be entered
under HTSUS 7307.92.3010, 7307.92.3030,
7307.92.9000, and 7326.19.0010.
The HTSUS subheadings and
specifications are provided for convenience
and customs purposes; the written
description of the scope is dispositive.
[FR Doc. 2017–23759 Filed 10–31–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Notice of Localization and Tracking
System Testing Consortium
National Institute of Standards
and Technology, Commerce.
ACTION: Notice of Research Consortium.
AGENCY:
The National Institute of
Standards and Technology (NIST), an
agency of the United States Department
of Commerce, is establishing the
Localization and Tracking System (LTS)
Testing Consortium and invites
organizations to participate in this
Consortium. Participants in this
Consortium will have the opportunity to
test their LTS leveraging a unique
capability on the NIST Gaithersburg
campus. The goals of the LTS Testing
Consortium are to demonstrate and
further develop standardized
localization and tracking system testing
procedures, and to assess current state
of the art. The LTS Testing Consortium
will not evaluate whether any
individual system is commercially
feasible. Participants in the Consortium
will be required to sign a Cooperative
Research and Development Agreement
(CRADA).
SUMMARY:
E:\FR\FM\01NON1.SGM
01NON1
Agencies
[Federal Register Volume 82, Number 210 (Wednesday, November 1, 2017)]
[Notices]
[Pages 50623-50626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23759]
[[Page 50623]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-068]
Forged Steel 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 November 1, 2017.
FOR FURTHER INFORMATION CONTACT: Brian Smith at (202) 482-1766 or Jaron
Moore at (202) 482-3640, AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petition
On October 5, 2017, the U.S. Department of Commerce (the
Department) received a countervailing duty (CVD) Petition concerning
imports of forged steel fittings from the People's Republic of China
(the PRC), filed in proper form on behalf of Bonney Forge Corporation
and the United Steel, Paper and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service Workers International Union
(collectively, the petitioners). The CVD Petition was accompanied by
antidumping duty (AD) Petitions concerning imports of forged steel
fittings from the PRC, Italy, and Taiwan.\1\ The petitioners consist of
a domestic producer of forged steel fittings and a certified union that
represents workers produce forged steel fittings.\2\
---------------------------------------------------------------------------
\1\ See Letter to the Secretary of Commerce from the petitioners
re: ``Petitions for the Imposition of Antidumping and Countervailing
Duties: Forged Steel Fittings from the People's Republic of China,
Italy, and Taiwan'' (October 5, 2017) (the Petitions).
\2\ Id., Volume I of the Petitions, at 1 and Exhibit I-1.
---------------------------------------------------------------------------
On October 6, 10, and 17, 2017, the Department requested
supplemental information pertaining to certain areas of the
Petition.\3\ The petitioners filed responses to these requests on
October 11, 12 and 18, 2017, respectively.\4\ The petitioners filed
revised scope language on October 19, 2017.\5\
---------------------------------------------------------------------------
\3\ See Letter to the petitioners from the Department,
``Petitions for the Imposition of Antidumping and Countervailing
Duties on Imports of Forged Steel Fittings from the People's
Republic of China, Italy, and Taiwan: Supplemental Questions''
(October 6, 2017)(General Issues Supplemental Questionnaire); Letter
to the petitioners from the Department, ``Petition for the
Imposition of Countervailing Duties on Imports of Forged Steel
Fittings from the People's Republic of China: Supplemental
Questions'' (October 10, 2017) (PRC CVD Supplemental Questionnaire);
and Letter to the petitioners from the Department, ``Petitions for
the Imposition of Countervailing Duties on Imports of Forged Steel
Fittings from the People's Republic of China: Supplemental
Questions'' (October 17, 2017) (PRC CVD Second Supplemental
Questionnaire).
\4\ See Letter to the Secretary of Commerce from the
petitioners, ``Petition for the Imposition of Countervailing Duties
on Imports of Forged Steel Fittings from the People's Republic of
China: Response to Supplemental Questions'' (October 12, 2017) (PRC
CVD Supplement); see also Letter to the Secretary of Commerce from
the petitioners, ``Forged Steel Fittings from the People's Republic
of China, Italy, and Taiwan: Response to Supplemental Questions--
General Issues'' (October 11, 2017) (General Issues Supplement); and
Letter to the Secretary of Commerce from the petitioners, ``Forged
Steel Fittings from the People's Republic of China, Italy, and
Taiwan: Response to Second Supplemental Question on Industry Support
and Cumulation'' (October 18, 2017) (Second General Issues
Supplement).
\5\ See Letter to the Secretary of Commerce from the
petitioners, ``Forged Steel Fittings from China, Italy, and Taiwan:
Revised Scope'' (October 19, 2017).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that the Government of the
PRC is providing countervailable subsidies, within the meaning of
sections 701 and 771(5) of the Act, to imports of forged steel fittings
from the PRC, and that such imports are materially injuring, or
threatening material injury to, the domestic industry producing forged
steel fittings 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 petitioners
supporting their allegations.
The Department finds that the petitioners filed the Petition on
behalf of the domestic industry because the petitioners are interested
parties as defined in sections 771(9)(C) and (D) of the Act. The
Department also finds that the petitioners demonstrated sufficient
industry support with respect to the initiation of the CVD
investigation that the petitioners are requesting.\6\
---------------------------------------------------------------------------
\6\ See ``Determination of Industry Support for the Petition''
section below.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on October 5, 2017, the period of
investigation (POI) is January 1, 2016, through December 31, 2016.
Scope of the Investigation
The product covered by this investigation is forged steel 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, the Department issued questions
to, and received responses from, the petitioners 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.\7\
---------------------------------------------------------------------------
\7\ See General Issues Supplemental Questionnaire; see also
General Issues Supplement.
---------------------------------------------------------------------------
As discussed in the preamble to the Department's regulations, we
are setting aside a period for interested parties to raise issues
regarding product coverage (scope).\8\ 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,\9\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
the Department requests that all interested parties submit such
comments by 5:00 p.m. Eastern Time (ET) on Tuesday, November 14, 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, November 24, 2017, which is 10 calendar days
from the initial comments deadline.\10\
---------------------------------------------------------------------------
\8\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\10\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------
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. All scope
comments must be filed on the records of each of the concurrent AD and
CVD investigations.
Filing Requirements
All submissions to the Department must be filed electronically
using Enforcement and Compliance's Antidumping Duty and Countervailing
Duty Centralized Electronic Service System (ACCESS).\11\ An
electronically
[[Page 50624]]
filed document must be received successfully in its entirety by the
time and date it is due. Documents exempted from the electronic
submission requirements must be filed manually (i.e., in paper form)
with Enforcement and 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.
---------------------------------------------------------------------------
\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011), see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) 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.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, the
Department notified representatives of the Government of the PRC of the
receipt of the Petition, and provided them the opportunity for
consultations with respect to the CVD Petition.\12\ These consultations
were held via teleconference on October 20, 2017.\13\
---------------------------------------------------------------------------
\12\ See Letter to the Embassy of the People's Republic of
China, ``Countervailing Duty Petition on Forged Steel Fittings from
the People's Republic of China: Invitation for Consultations to
Discuss the Countervailing Duty Petition'' (October 6, 2017).
\13\ See Memorandum to the File, ``Consultations with Officials
from the Government of China Regarding the Countervailing Duty
Petition Concerning Forged Steel Fittings'' (October 20, 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 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,\14\ 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.\15\
---------------------------------------------------------------------------
\14\ See section 771(10) of the Act.
\15\ 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 petitioners do not
offer a definition of the domestic like product distinct from the scope
of this investigation. Based on our analysis of the information
submitted on the record, we have determined that forged steel fittings,
as defined in the scope, constitutes a single domestic like product and
we have analyzed industry support in terms of that domestic like
product.\16\
---------------------------------------------------------------------------
\16\ For a discussion of the domestic like product analysis in
this case, see Countervailing Duty Investigation Initiation
Checklist: Forged Steel Fittings from the People's Republic of China
(PRC CVD Initiation Checklist), at Attachment II, Analysis of
Industry Support for the Antidumping and Countervailing Duty
Petitions Covering Forged Steel Fittings from the People's Republic
of China, Italy, and Taiwan (Attachment II). The 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 petitioners have standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in the Appendix of
this notice. The petitioners provided their own production of the
domestic like product in 2016 and compared this to the total 2016
production of the domestic like product for the entire domestic
industry.\17\ We relied on the data the petitioners provided for
purposes of measuring industry support.\18\
---------------------------------------------------------------------------
\17\ See Volume I of the Petition, at 3-4 and Exhibit I-1; see
also General Issues Supplement, at 1 and Exhibit I-15; and Second
General Issues Supplement, at 1-2.
\18\ Id. For further discussion, see PRC CVD Initiation
Checklist, at Attachment II.
---------------------------------------------------------------------------
Our review of the data provided in the Petition, the supplements to
the Petition, and other information readily available to the Department
indicates that the petitioners have established industry support.\19\
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).\20\ 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.\21\ 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.\22\
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.
---------------------------------------------------------------------------
\19\ See PRC CVD Initiation Checklist, at Attachment II.
\20\ See section 702(c)(4)(D) of the Act; see also PRC CVD
Initiation Checklist, at Attachment II.
\21\ See PRC CVD Initiation Checklist, at Attachment II.
\22\ Id.
---------------------------------------------------------------------------
The Department finds that the petitioners filed the Petition on
behalf of the domestic industry because they are interested parties as
defined in sections 771(9)(C) and (D) of the Act and they have
demonstrated sufficient industry support with respect to the CVD
[[Page 50625]]
investigation that they are requesting the Department initiate.\23\
---------------------------------------------------------------------------
\23\ Id.
---------------------------------------------------------------------------
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 petitioners allege 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 petitioners
allege that subject imports exceed the negligibility threshold provided
for under section 771(24)(A) of the Act.\24\
---------------------------------------------------------------------------
\24\ See Volume I of the Petition, at 10 and Exhibit I-4.
---------------------------------------------------------------------------
The petitioners contend that the industry's injured condition is
illustrated by a significant and increasing volume of imports from the
subject country; reduced market share; underselling and price
depression or suppression; and a negative impact on the domestic
industry's capacity utilization, employment, and profits.\25\ 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.\26\
---------------------------------------------------------------------------
\25\ Id. at 10-23 and Exhibits I-4 and I-7 through I-13.
\26\ See PRC CVD Initiation Checklist, at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Forged Steel Fittings from the People's Republic of China,
Italy, and Taiwan.
---------------------------------------------------------------------------
Initiation of CVD Investigation
Based on the examination of the CVD Petition, we find that the
Petition meets the requirements of section 702 of the Act. Therefore,
we are initiating a CVD investigation to determine whether imports of
forged steel fittings from the PRC benefit from countervailable
subsidies conferred by the Government of the PRC. 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 no later than 65
days after the date of this initiation.
Under the Trade Preferences Extension Act of 2015, numerous
amendments to the AD and CVD laws were made.\27\ 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.\28\ 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.\29\
---------------------------------------------------------------------------
\27\ See Trade Preferences Extension Act of 2015, Public Law
114-27, 129 Stat. 362 (2015).
\28\ 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) (Applicability Notice).
The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
\29\ See Applicability Notice, 80 FR at 46794-95.
---------------------------------------------------------------------------
Subsidy Allegations
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on 23 alleged
programs. For a full discussion of the basis for our decision to
initiate on each program, see the PRC 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 no later than 65 days after the date of this initiation.
Respondent Selection
The petitioners named 14 companies as producers/exporters of forged
steel fittings in the PRC.\30\ 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 forged steel fittings from the PRC during the
POI under the appropriate Harmonized Tariff Schedule of the United
States numbers listed in the ``Scope of the Investigation,'' in the
Appendix.
---------------------------------------------------------------------------
\30\ See Volume I of the Petition at Exhibit I-3.
---------------------------------------------------------------------------
On October 19, 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.\31\ The Department will not
accept rebuttal comments regarding the CBP data or respondent
selection.
---------------------------------------------------------------------------
\31\ See Memorandum, ``Forged Steel Fittings from the PRC: U.S.
Customs Data for Respondent Selection'' (October 19, 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 http://enforcement.trade.gov/apo.
Comments must be filed electronically using ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above.
We intend to finalize our decisions 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), copies of the public version of the Petition has been
provided to the Government of the PRC via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petition to each exporter named in the Petition, as provided under
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 forged steel fittings from the PRC are
materially injuring, or threatening material injury to, a U.S.
industry.\32\ A negative ITC determination will result in the
investigation being terminated.\33\ Otherwise, this investigation will
proceed according to statutory and regulatory time limits.
---------------------------------------------------------------------------
\32\ See section 703(a)(2) of the Act.
\33\ See section 703(a)(1) of the Act.
---------------------------------------------------------------------------
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires;
[[Page 50626]]
(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)-(iv). 19 CFR 351.301(b)
requires any party, when submitting factual information, to specify
under which subsection of 19 CFR 351.102(b)(21) the information is
being submitted \34\ 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.\35\ 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. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
---------------------------------------------------------------------------
\34\ See 19 CFR 351.301(b).
\35\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Extensions 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. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in the letter or memorandum setting
forth the deadline (including a specified time) by which extension
requests must be filed to be considered timely. An extension request
must be made in a separate, stand-alone submission; under limited
circumstances we will grant untimely-filed requests for the extension
of time limits. Parties should review Extension of Time Limits; Final
Rule, 78 FR 57790 (September 20, 2013), available at http://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.\36\
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials, as well as their
representatives.\37\ Investigations initiated on the basis of the
petition filed on or after August 16, 2013, and other segments of any
AD or CVD proceedings initiated on or after August 16, 2013, should use
the formats for the revised certifications provided in 19 CFR
351.303(g). The Department intends to reject factual submissions if the
submitting party does not comply with the applicable revised
certification requirements.
---------------------------------------------------------------------------
\36\ See section 782(b) of the Act.
\37\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also
frequently asked questions regarding the Final Rule, available at
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------
Notification to Interested Parties
Interested parties must submit applications for disclosure under
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, and 19 CFR 351.203(c).
Dated: October 25, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The merchandise covered by this investigation is carbon and
alloy forged steel fittings, whether unfinished (commonly known as
blanks or rough forgings) or finished. Such fittings are made in a
variety of shapes including, but not limited to, elbows, tees,
crosses, laterals, couplings, reducers, caps, plugs, bushings and
unions. Forged steel fittings are covered regardless of end finish,
whether threaded, socket-weld or other end connections.
While these fittings are generally manufactured to
specifications ASME B16.11, MSS SP-79, and MSS SP-83, ASTM A105,
ASTM A350 and ASTM A182, the scope is not limited to fittings made
to these specifications.
The term forged is an industry term used to describe a class of
products included in applicable standards, and does not reference an
exclusive manufacturing process. Forged steel fittings are not
manufactured from casting. Pursuant to the applicable standards,
fittings may alsobe machined from bar stock or machined from
seamless pipe and tube.
All types of fittings are included in the scope regardless of
nominal pipe size (which may or may not be expressed in inches of
nominal pipe size), pressure rating (usually, but not necessarily
expressed in pounds of pressure, e.g., 2,000 or 2M; 3,000 or 3M;
6,000 or 6M; 9,000 or 9M), wall thickness, and whether or not heat
treated.
Excluded from this scope are all fittings entirely made of
stainless steel. Also excluded are flanges, butt weld fittings, and
nipples.
Subject carbon and alloy forged steel fittings are normally
entered under HTSUS 7307.99.1000, 7307.99.3000, 7307.99.5045, and
7307.99.5060. They also may be entered under HTSUS 7307.92.3010,
7307.92.3030, 7307.92.9000, and 7326.19.0010.
The HTSUS subheadings and specifications are provided for
convenience and customs purposes; the written description of the
scope is dispositive.
[FR Doc. 2017-23759 Filed 10-31-17; 8:45 am]
BILLING CODE 3510-DS-P