Cast Iron Soil Pipe Fittings From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 60178-60180 [2017-27307]
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60178
Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices
sradovich on DSK3GMQ082PROD with NOTICES
Scope of the Order
The products covered by the order are
all finished circular sawblades, whether
slotted or not, with a working part that
is comprised of a diamond segment or
segments, and parts thereof, regardless
of specification or size, except as
specifically excluded below. Within the
scope of the order are semifinished
diamond sawblades, including diamond
sawblade cores and diamond sawblade
segments. Diamond sawblade cores are
circular steel plates, whether or not
attached to non-steel plates, with slots.
Diamond sawblade cores are
manufactured principally, but not
exclusively, from alloy steel. A diamond
sawblade segment consists of a mixture
of diamonds (whether natural or
synthetic, and regardless of the quantity
of diamonds) and metal powders
(including, but not limited to, iron,
cobalt, nickel, tungsten carbide) that are
formed together into a solid shape (from
generally, but not limited to, a heating
and pressing process).
Sawblades with diamonds directly
attached to the core with a resin or
electroplated bond, which thereby do
not contain a diamond segment, are not
included within the scope of the order.
Diamond sawblades and/or sawblade
cores with a thickness of less than 0.025
inches, or with a thickness greater than
1.1 inches, are excluded from the scope
of the order. Circular steel plates that
have a cutting edge of non-diamond
material, such as external teeth that
protrude from the outer diameter of the
plate, whether or not finished, are
excluded from the scope of the order.
Diamond sawblade cores with a
Rockwell C hardness of less than 25 are
excluded from the scope of the order.
Diamond sawblades and/or diamond
segment(s) with diamonds that
predominantly have a mesh size number
greater than 240 (such as 250 or 260) are
excluded from the scope of the order.
Merchandise subject to the order is
typically imported under heading
8202.39.00.00 of the Harmonized Tariff
Schedule of the United States (HTSUS).
When packaged together as a set for
retail sale with an item that is separately
classified under headings 8202 to 8205
of the HTSUS, diamond sawblades or
parts thereof may be imported under
heading 8206.00.00.00 of the HTSUS.
On October 11, 2011, the Department
included the 6804.21.00.00 HTSUS
classification number to the customs
case reference file, pursuant to a request
by U.S. Customs and Border Protection
(CBP).4 The tariff classification is
4 See Diamond Sawblades and Parts Thereof from
the Republic of Korea: Preliminary Results of
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provided for convenience and customs
purposes; however, the written
description of the scope of the order is
dispositive.
Final Results of Changed
Circumstances Review
For the reasons stated in the Initiation
and Preliminary Results, we continue to
find that Chengdu Huifeng New
Material Technology Co., Ltd. is the
successor-in-interest to Chengdu
Huifeng Diamond Tools Co., Ltd. for
purposes of determining antidumping
duty liability under the antidumping
duty order on diamond sawblades from
the PRC.5 As a result of this
determination, we find that Chengdu
Huifeng New Material Technology Co.,
Ltd. is entitled to the cash deposit rate
previously assigned to Chengdu Huifeng
Diamond Tools Co., Ltd. in the most
recently completed administrative
review of the antidumping duty order
on diamond sawblades from the PRC.6
Consequently, the Department will
instruct U.S. Customs and Border
Protection to suspend liquidation of all
shipments of subject merchandise
exported by Chengdu Huifeng New
Material Technology Co., Ltd., and
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of this notice in the
Federal Register at 6.19 percent, which
is the current antidumping duty cash
deposit rate for Chengdu Huifeng
Diamond Tools Co., Ltd.7 This cash
deposit requirement shall remain in
effect until further notice.
Notification to Interested Parties
This notice serves as a final reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). 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 and terms of an
APO is a sanctionable violation.
This notice of final results is in
accordance with sections 751(b)(1) and
777(i) of the Tariff Act of 1930, as
Antidumping Duty Administrative Review, 76 FR
76128, 76130 (December 6, 2011).
5 See Initiation and Preliminary Results, 82 FR at
51606–07.
6 See, e.g., Notice of Final Results of Antidumping
Duty Changed Circumstances Review: Certain
Frozen Warmwater Shrimp from Thailand, 81 FR
222 (January 5, 2016).
7 See Diamond Sawblades and Parts Thereof from
the People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2014–
2015, 82 FR 26912 (June 12, 2017).
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amended, and 19 CFR 351.216, and 19
CFR 351.221(c)(3).
Dated: December 14, 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.
[FR Doc. 2017–27308 Filed 12–18–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–063]
Cast Iron Soil Pipe Fittings From the
People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination and Alignment of
Final Determination With Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
cast iron soil pipe fittings (soil pipe
fittings) from the People’s Republic of
China (PRC). The period of investigation
is January 1, 2016, through December
31, 2016.
DATES: Applicable December 19, 2017.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure or Jinny Ahn, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
202–482–5973 or 202–482–0339,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). The Department published the
notice of initiation of this investigation
on August 8, 2017.1 On September 2,
2017, the Department postponed the
preliminary determination of this
investigation and the revised deadline is
now December 11, 2017.2 For a
1 See Cast Iron Soil Pipe Fittings from the People’s
Republic of China: Initiation of Countervailing Duty
Investigation, 82 FR 37048 (August 8, 2017)
(Initiation Notice).
2 See Cast Iron Soil Pipe Fittings from the People’s
Republic of China: Postponement of Preliminary
Determination in the Countervailing Duty
Investigation, 82 FR 44160 (September 21, 2017).
E:\FR\FM\19DEN1.SGM
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Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices
complete description of the events that
followed the initiation of this
investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are cast iron soil pipe
fittings from the PRC. For a complete
description of the scope of this
investigation, see Appendix I.
parties submitted comments with regard
to the scope of this investigation.
Methodology
The Department is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable, the
Department preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
confers a benefit on the recipient, and
that the subsidy is specific.6
The Department notes that, in making
these findings, it relied, in part, on facts
available and, because it finds that one
or more respondents did not act to the
best of their ability to respond to the
Department’s requests for information, it
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.7 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Alignment
Scope Comments
In accordance with the preamble to
the Department’s regulations,4 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
product coverage (i.e., scope).5 No
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), the Department is
aligning the final CVD determination in
this investigation with the final
determination in the companion AD
investigation of cast iron soil pipe
fittings based on a request made by the
petitioner.8 Consequently, the final CVD
determination will be issued on the
same date as the final antidumping duty
determination, which is currently
scheduled to be issued no later than
April 24, 2018, unless postponed.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, the Department shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
In this investigation, the Department
calculated individual estimated
countervailable subsidy rates for Shanxi
Xuanshi Industrial Group Co., Ltd. and
Wor-Biz International Trading Co., Ltd.
(Anhui) that are not zero, de minimis, or
based entirely on facts otherwise
available. The Department calculated
the all-others’ rate using a weighted
average of the individual estimated
subsidy rates calculated for the
examined respondents using each
company’s publicly-ranged values for
the merchandise under consideration.9
Preliminary Determination
The Department preliminarily
determines that the following estimated
countervailable subsidy rates exist:
Subsidy rate
(percent)
Producer/exporter
Shanxi Xuanshi Industrial Group Co., Ltd ...........................................................................................................................................
Shijiazhuang Chengmei Import & Export Co., Ltd ..............................................................................................................................
Wor-Biz International Trading Co., Ltd. (Anhui) ..................................................................................................................................
All-Others .............................................................................................................................................................................................
Suspension of Liquidation
sradovich on DSK3GMQ082PROD with NOTICES
In accordance with section
703(d)(1)(B) and (d)(2) of the Act, the
Department will direct U.S. Customs
and Border Protection (CBP) to suspend
liquidation of entries of subject
merchandise as described in the scope
of the investigation entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination of Cast
Iron Soil Pipe Fittings from the People’s Republic
of China,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 82 FR at 37049.
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Jkt 244001
351.205(d), the Department will instruct
CBP to require a cash deposit equal to
the rates indicated above.
Disclosure
The Department intends to disclose
its calculations and analysis to
interested parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
7 See sections 776(a) and (b) of the Act.
8 See Petitioner’s Letter, ‘‘Cast Iron Soil Pipe
Fittings from the People’s Republic of China:
Request to Align the Final Determinations,’’ dated
November 16, 2017. The petitioner in this
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60179
Sfmt 4703
8.66
102.31
12.72
10.37
of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, the Department intends to verify
the information relied upon in making
its final determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
investigation is the Cast Iron Soil Pipe Institute, a
trade association whose members are all domestic
producers of soil pipe fittings. The individual
members of the Cast Iron Soil Pipe Institute are
AB&I Foundry, Charlotte Pipe & Foundry, and Tyler
Pipe. See Initiation Notice, 82 FR at 37048.
9 See Memorandum regarding: Calculation of the
All-Others Rate for the Preliminary Determination,
dated December 11, 2017.
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60180
Federal Register / Vol. 82, No. 242 / Tuesday, December 19, 2017 / Notices
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.10
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, the
Department intends to hold the hearing
at the U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230, at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Parties are reminded that briefs and
hearing requests are to be filed
electronically using ACCESS and that
electronically filed documents must be
received successfully in their entirety by
5 p.m. Eastern Time on the due date.
Dated: December 11, 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.
International Trade Commission
Notification
List of Topics Discussed in the Preliminary
Decision Memorandum
sradovich on DSK3GMQ082PROD with NOTICES
In accordance with section 703(f) of
the Act, the Department will notify the
International Trade Commission (ITC) of
its determination. If the Department’s
final determination is affirmative, the
ITC will make its final determination
before the later of 120 days after the date
of this preliminary determination or 45
days after the Department’s final
determination.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Appendix I
The merchandise covered by this
investigation is cast iron soil pipe fittings,
finished and unfinished, regardless of
industry or proprietary specifications, and
regardless of size. Cast iron soil pipe fittings
are nonmalleable iron castings of various
designs and sizes, including, but not limited
to, bends, tees, wyes, traps, drains, and other
common or special fittings, with or without
side inlets.
Cast iron soil pipe fittings are classified
into two major types—hubless and hub and
spigot. Hubless cast iron soil pipe fittings are
manufactured without a hub, generally in
compliance with Cast Iron Soil Pipe Institute
(CISPI) specification 301 and/or American
Society for Testing and Materials (ASTM)
specification A888. Hub and spigot pipe
fittings have hubs into which the spigot
(plain end) of the pipe or fitting is inserted.
Cast iron soil pipe fittings are generally
distinguished from other types of
nonmalleable cast iron fittings by the manner
in which they are connected to cast iron soil
pipe and other fittings.
The subject imports are normally classified
in subheading 7307.11.0045 of the
Harmonized Tariff Schedule of the United
States (HTSUS): Cast fittings of nonmalleable
cast iron for cast iron soil pipe. The HTSUS
subheading and specifications are provided
for convenience and customs purposes only;
the written description of the scope of this
investigation is dispositive.
Appendix II
I. Summary
II. Background
III. Scope of the Investigation
IV. New Subsidy Allegations
V. Alignment
VI. Injury Test
VII. Application of the CVD Law to Imports
From the PRC
VIII. Use of Facts Otherwise Available and
Adverse Inferences
IX. Subsidies Valuation
X. Benchmarks and Interest Rates
XI. Analysis of Programs
XII. Calculation of the All-Others Rate
XIII. ITC Notification
XIV. Recommendation
[FR Doc. 2017–27307 Filed 12–18–17; 8:45 am]
BILLING CODE 3510–DS–P
19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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17:47 Dec 18, 2017
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National Oceanic and Atmospheric
Administration
RIN 0648–XF885
Pacific Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
Scope of the Investigation
10 See
DEPARTMENT OF COMMERCE
The Pacific Fishery
Management Council (Pacific Council)
will host the Sixth National Meeting of
the Scientific Coordination
Subcommittee of the Council
Coordination Committee (SCS6). The
meeting theme is ‘‘The Use of
Management Strategy Evaluation to
Inform Management Decisions Made by
the Regional Fishery Management
Councils,’’ with three subthemes: Use of
MSEs in evaluating and modifying
harvest control rules; use of MSEs in
investigating and accommodating
uncertainty; and use of MSEs in
adjusting harvest control rules in
changing environments/non-static
maximum sustainable yield. The agenda
for the SCS6 meeting is available at
https://www.fisherycouncils.org/sscworkshops/sixth-national-ssc-workshop2018.
DATES: The SCS6 meeting will be held
on January 17–19, 2018. The meeting
will begin at 8 a.m. Pacific Standard
Time (PST) each day and finish when
business is complete for the day.
ADDRESSES: The SCS6 meeting will be
held at the Kona Kai Resort, 1551
Shelter Island Drive, San Diego, CA;
telephone: (619) 221–8000. The meeting
is open to the public and will also be
streamed online for those who want to
follow the proceedings remotely.
Instructions for attending the meeting
via live stream broadcast are given
under SUPPLEMENTARY INFORMATION,
below.
Council address: Pacific Fishery
Management Council, 7700 NE
Ambassador Place, Suite 101, Portland,
OR 97220.
FOR FURTHER INFORMATION CONTACT: Mr.
John DeVore, Staff Officer, Pacific
Fishery Management Council;
telephone: (503) 820–2413.
SUPPLEMENTARY INFORMATION: The SCS6
meeting will be live-streamed on the
internet during the following hours:
Wednesday, January 17, 2018 through
Friday, January 19, 2018 beginning at 8
a.m. PST, ending daily at approximately
5:30 p.m. PST or when business for the
SUMMARY:
E:\FR\FM\19DEN1.SGM
19DEN1
]]>Agencies
[Federal Register Volume 82, Number 242 (Tuesday, December 19, 2017)]
[Notices]
[Pages 60178-60180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27307]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-063]
Cast Iron Soil Pipe Fittings From the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination and Alignment
of Final Determination With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of cast iron soil pipe fittings (soil pipe
fittings) from the People's Republic of China (PRC). The period of
investigation is January 1, 2016, through December 31, 2016.
DATES: Applicable December 19, 2017.
FOR FURTHER INFORMATION CONTACT: Dennis McClure or Jinny Ahn, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: 202-482-5973 or 202-482-
0339, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). The Department
published the notice of initiation of this investigation on August 8,
2017.\1\ On September 2, 2017, the Department postponed the preliminary
determination of this investigation and the revised deadline is now
December 11, 2017.\2\ For a
[[Page 60179]]
complete description of the events that followed the initiation of this
investigation, see the Preliminary Decision Memorandum.\3\ A list of
topics discussed in the Preliminary Decision Memorandum is included as
Appendix II to this notice. The Preliminary Decision Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov, and is available to all parties in the Central
Records Unit, Room B8024 of the main Department of Commerce building.
In addition, a complete version of the Preliminary Decision Memorandum
can be accessed directly at https://enforcement.trade.gov/frn/. The
signed and electronic versions of the Preliminary Decision Memorandum
are identical in content.
---------------------------------------------------------------------------
\1\ See Cast Iron Soil Pipe Fittings from the People's Republic
of China: Initiation of Countervailing Duty Investigation, 82 FR
37048 (August 8, 2017) (Initiation Notice).
\2\ See Cast Iron Soil Pipe Fittings from the People's Republic
of China: Postponement of Preliminary Determination in the
Countervailing Duty Investigation, 82 FR 44160 (September 21, 2017).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination of Cast Iron Soil Pipe Fittings from the
People's Republic of China,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are cast iron soil pipe
fittings from the PRC. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to the Department's regulations,\4\
the Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ No parties
submitted comments with regard to the scope of this investigation.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 82 FR at 37049.
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, the Department preliminarily determines that there is
a subsidy, i.e., a financial contribution by an ``authority'' that
confers a benefit on the recipient, and that the subsidy is
specific.\6\
---------------------------------------------------------------------------
\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
The Department notes that, in making these findings, it relied, in
part, on facts available and, because it finds that one or more
respondents did not act to the best of their ability to respond to the
Department's requests for information, it drew an adverse inference
where appropriate in selecting from among the facts otherwise
available.\7\ For further information, see ``Use of Facts Otherwise
Available and Adverse Inferences'' in the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), the Department
is aligning the final CVD determination in this investigation with the
final determination in the companion AD investigation of cast iron soil
pipe fittings based on a request made by the petitioner.\8\
Consequently, the final CVD determination will be issued on the same
date as the final antidumping duty determination, which is currently
scheduled to be issued no later than April 24, 2018, unless postponed.
---------------------------------------------------------------------------
\8\ See Petitioner's Letter, ``Cast Iron Soil Pipe Fittings from
the People's Republic of China: Request to Align the Final
Determinations,'' dated November 16, 2017. The petitioner in this
investigation is the Cast Iron Soil Pipe Institute, a trade
association whose members are all domestic producers of soil pipe
fittings. The individual members of the Cast Iron Soil Pipe
Institute are AB&I Foundry, Charlotte Pipe & Foundry, and Tyler
Pipe. See Initiation Notice, 82 FR at 37048.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, the Department shall determine an estimated
all-others rate for companies not individually examined. This rate
shall be an amount equal to the weighted average of the estimated
subsidy rates established for those companies individually examined,
excluding any zero and de minimis rates and any rates based entirely
under section 776 of the Act.
In this investigation, the Department calculated individual
estimated countervailable subsidy rates for Shanxi Xuanshi Industrial
Group Co., Ltd. and Wor-Biz International Trading Co., Ltd. (Anhui)
that are not zero, de minimis, or based entirely on facts otherwise
available. The Department calculated the all-others' rate using a
weighted average of the individual estimated subsidy rates calculated
for the examined respondents using each company's publicly-ranged
values for the merchandise under consideration.\9\
---------------------------------------------------------------------------
\9\ See Memorandum regarding: Calculation of the All-Others Rate
for the Preliminary Determination, dated December 11, 2017.
---------------------------------------------------------------------------
Preliminary Determination
The Department preliminarily determines that the following
estimated countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Producer/exporter (percent)
------------------------------------------------------------------------
Shanxi Xuanshi Industrial Group Co., Ltd................ 8.66
Shijiazhuang Chengmei Import & Export Co., Ltd.......... 102.31
Wor-Biz International Trading Co., Ltd. (Anhui)......... 12.72
All-Others.............................................. 10.37
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act, the
Department will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation entered, or withdrawn from warehouse,
for consumption on or after the date of publication of this notice in
the Federal Register. Further, pursuant to 19 CFR 351.205(d), the
Department will instruct CBP to require a cash deposit equal to the
rates indicated above.
Disclosure
The Department intends to disclose its calculations and analysis to
interested parties in this preliminary determination within five days
of its public announcement, or if there is no public announcement,
within five days of the date of this notice in accordance with 19 CFR
351.224(b).
Verification
As provided in section 782(i)(1) of the Act, the Department intends
to verify the information relied upon in making its final
determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant
[[Page 60180]]
Secretary for Enforcement and Compliance no later than seven days after
the date on which the last verification report is issued in this
investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made, the
Department intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
Parties are reminded that briefs and hearing requests are to be
filed electronically using ACCESS and that electronically filed
documents must be received successfully in their entirety by 5 p.m.
Eastern Time on the due date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, the Department will
notify the International Trade Commission (ITC) of its determination.
If the Department's final determination is affirmative, the ITC will
make its final determination before the later of 120 days after the
date of this preliminary determination or 45 days after the
Department's final determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: December 11, 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 I
Scope of the Investigation
The merchandise covered by this investigation is cast iron soil
pipe fittings, finished and unfinished, regardless of industry or
proprietary specifications, and regardless of size. Cast iron soil
pipe fittings are nonmalleable iron castings of various designs and
sizes, including, but not limited to, bends, tees, wyes, traps,
drains, and other common or special fittings, with or without side
inlets.
Cast iron soil pipe fittings are classified into two major
types--hubless and hub and spigot. Hubless cast iron soil pipe
fittings are manufactured without a hub, generally in compliance
with Cast Iron Soil Pipe Institute (CISPI) specification 301 and/or
American Society for Testing and Materials (ASTM) specification
A888. Hub and spigot pipe fittings have hubs into which the spigot
(plain end) of the pipe or fitting is inserted. Cast iron soil pipe
fittings are generally distinguished from other types of
nonmalleable cast iron fittings by the manner in which they are
connected to cast iron soil pipe and other fittings.
The subject imports are normally classified in subheading
7307.11.0045 of the Harmonized Tariff Schedule of the United States
(HTSUS): Cast fittings of nonmalleable cast iron for cast iron soil
pipe. The HTSUS subheading and specifications are provided for
convenience and customs purposes only; the written description of
the scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. New Subsidy Allegations
V. Alignment
VI. Injury Test
VII. Application of the CVD Law to Imports From the PRC
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Subsidies Valuation
X. Benchmarks and Interest Rates
XI. Analysis of Programs
XII. Calculation of the All-Others Rate
XIII. ITC Notification
XIV. Recommendation
[FR Doc. 2017-27307 Filed 12-18-17; 8:45 am]
BILLING CODE 3510-DS-P
