Cast Iron Soil Pipe From the People's Republic of China: Initiation of Countervailing Duty Investigation, 8047-8051 [2018-03746]

Download as PDF Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices DEPARTMENT OF COMMERCE International Trade Administration Civil Nuclear Trade Advisory Committee; Meeting of the Civil Nuclear Trade Advisory Committee International Trade Administration, U.S. Department of Commerce. ACTION: Notice of Federal Advisory Committee meeting. AGENCY: This notice sets forth the schedule and proposed agenda for a meeting of the Civil Nuclear Trade Advisory Committee (CINTAC). DATES: The meeting is scheduled for Thursday, March 15, 2018, from 9:00 a.m. to 4:00 p.m. Eastern Daylight Time (EDT). ADDRESSES: The meeting will be held at the U.S. Department of Commerce, Herbert C. Hoover Building, Room 12015–12017, 1401 Constitution Ave. NW, Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Mr. Jonathan Chesebro, Office of Energy & Environmental Industries, International Trade Administration, Mail Stop 28018, 1401 Constitution Ave. NW, Washington, DC 20230 (Phone: 202– 482–1297; Fax: 202–482–5665; email: jonathan.chesebro@trade.gov). SUPPLEMENTARY INFORMATION: Background: The CINTAC was established under the discretionary authority of the Secretary of Commerce and in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), in response to an identified need for consensus advice from U.S. industry to the Secretary of Commerce regarding the development and administration of programs to expand United States exports of civil nuclear goods and services in accordance with applicable U.S. laws and regulations, including advice on how U.S. civil nuclear goods and services export policies, programs, and activities will affect the U.S. civil nuclear industry’s competitiveness and ability to participate in the international market. Topics to be considered: The agenda for the Thursday, March 15, 2018 CINTAC meeting is as follows: Public Session 9:00 a.m.–4:00 p.m. 1. International Trade Administration’s Civil Nuclear Trade Initiative Update 2. Civil Nuclear Trade Promotion Activities Discussion 3. Public comment period The meeting will be open to the public and will be accessible to people with disabilities. Members of the public daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:52 Feb 22, 2018 Jkt 244001 wishing to attend the meeting must notify Mr. Jonathan Chesebro at the contact information above by 5:00 p.m. EDT on Friday, March 9, 2018 in order to pre-register. Please specify any requests for reasonable accommodation at least five business days in advance of the meeting. Last minute requests will be accepted, but may not be possible to fill. A limited amount of time will be available for pertinent brief oral comments from members of the public attending the meeting. To accommodate as many speakers as possible, the time for public comments will be limited to two (2) minutes per person, with a total public comment period of 60 minutes. Individuals wishing to reserve speaking time during the meeting must contact Mr. Chesebro and submit a brief statement of the general nature of the comments and the name and address of the proposed participant by 5:00 p.m. EDT on Friday, March 9, 2018. If the number of registrants requesting to make statements is greater than can be reasonably accommodated during the meeting, ITA may conduct a lottery to determine the speakers. Any member of the public may submit pertinent written comments concerning the CINTAC’s affairs at any time before and after the meeting. Comments may be submitted to the Civil Nuclear Trade Advisory Committee, Office of Energy & Environmental Industries, U.S. Department of Commerce, Mail Stop 28018, 1401 Constitution Ave. NW, Washington, DC 20230. For consideration during the meeting, and to ensure transmission to the Committee prior to the meeting, comments must be received no later than 5:00 p.m. EDT on Friday, March 9, 2018. Comments received after that date will be distributed to the members but may not be considered at the meeting. Copies of CINTAC meeting minutes will be available within 90 days of the meeting. Dated: February 14, 2018. Man Cho, Deputy Director, Office of Energy and Environmental Industries. [FR Doc. 2018–03710 Filed 2–22–18; 8:45 am] BILLING CODE 3510–DR–P PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 8047 DEPARTMENT OF COMMERCE International Trade Administration [C–570–080] Cast Iron Soil Pipe From the People’s Republic of China: Initiation of Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable February 15, 2018. FOR FURTHER INFORMATION CONTACT: Matthew Renkey at (202) 482–2312, AD/ CVD Operations, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: The Petition On January 26, 2018, the Department of Commerce (Commerce) received a countervailing duty (CVD) petition concerning imports of cast iron soil pipe (soil pipe) from the People’s Republic of China (China), filed in proper form, on behalf of the Cast Iron Soil Pipe Institute (the petitioner).1 The petitioner is a trade association, whose members are all domestic producers of soil pipe.2 The CVD petition 3 was accompanied by an antidumping duty (AD) petition for soil pipe from China.4 On January 30 and 31, 2018, Commerce requested additional information and clarification of certain areas of the Petition.5 The petitioner filed responses to these requests on February 1 and 2, 2018.6 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended 1 See Letter to the Secretary of Commerce from the petitioner re: Cast Iron Pipe from the People’s Republic of China—Petition for the Imposition of Antidumping and Countervailing Duties, dated January 26, 2018 (Petition). 2 See Volume I of the Petition, at 2. The individual members of the Cast Iron Soil Pipe Institute are AB&I Foundry, Charlotte Pipe & Foundry, and Tyler Pipe. 3 See Volume III of the Petition. 4 See Volume II of the Petition. 5 See Letters from Commerce, ‘‘Petition for the Imposition of Countervailing Duties on Imports of Cast Iron Soil Pipe from the People’s Republic of China: Supplemental Questions,’’ dated January 30, 2018, and ‘‘Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Cast Iron Soil Pipe from the People’s Republic of China: General Issues Supplemental Questions,’’ dated January 31, 2018. 6 See Letters from the petitioner ‘‘Cast Iron Soil Pipe from the People’s Republic of China: Response to Supplemental Questions—General Issues,’’ dated February 2, 2018 (General Issues Supplement), and ‘‘Cast Iron Pipe from the People’s Republic of China—Petitioner’s Response to Supplemental Questionnaire Concerning Volume III,’’ February 1, 2018 (CVD Supplement). E:\FR\FM\23FEN1.SGM 23FEN1 8048 Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices (the Act), the petitioner alleges that the Government of China (GOC) is providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, with respect to imports of soil pipe from China, and that such imports are materially injuring, or threatening material injury to, an industry in the United States. Also, consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating a CVD investigation, the Petition is accompanied by information reasonably available to the petitioner supporting its allegations. Commerce finds that the petitioner filed the Petition on behalf of the domestic industry because the petitioner is an interested party as defined in section 771(9)(E) of the Act. Commerce also finds that the petitioner demonstrated sufficient industry support with respect to the initiation of the CVD investigation that the petitioner is requesting.7 Period of Investigation Because the Petition was filed on January 26, 2018, pursuant to 19 CFR 351.204(b)(2), the period of investigation is January 1, 2017, through December 31, 2017.8 Scope of the Investigation The product covered by this investigation is soil pipe from China. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation,’’ in the Appendix to this notice. daltland on DSKBBV9HB2PROD with NOTICES Comments on the Scope of the Investigation On February 2, 2018, in response to a question from Commerce, the petitioner filed a revision to the scope language.9 As discussed in the preamble to Commerce’s regulations,10 we are setting aside a period for interested parties to raise issues regarding product coverage (i.e., scope). Commerce will consider all comments received from interested parties and, if necessary, will consult with the interested parties prior to the issuance of the preliminary determination. If scope comments include factual information,11 all such factual information should be limited to public information. In order to facilitate 7 See ‘‘Determination of Industry Support for the Petition’’ section, below. 8 See 19 CFR 351.204(b)(2). 9 See General Issues Supplement at Exhibit 1. 10 See Antidumping Duties; Countervailing Duties: Final Rule, 62 FR 27296, 27323 (May 19, 1997). 11 See 19 CFR 351.102(b)(21). VerDate Sep<11>2014 18:52 Feb 22, 2018 Jkt 244001 preparation of its questionnaire, Commerce requests all interested parties to submit such comments by 5:00 p.m. Eastern Time (ET) on Wednesday, March 7, 2018, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on Monday, March 19, 2018, which is the next business day after the tenth calendar day from the deadline for initial comments.12 All such comments must be filed on the record of the concurrent AD and CVD investigations. Commerce requests that any factual information the parties consider relevant to the scope of the investigation be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact Commerce and request permission to submit the additional information. As stated above, all such comments must be filed on the record of the concurrent AD and CVD investigations. Filing Requirements All submissions to Commerce must be filed electronically using Enforcement & Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS).13 An electronically-filed document must be received successfully in its entirety by the time and date it is due. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement & Compliance’s APO/ Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines. Consultations Pursuant to section 702(b)(4)(A) of the Act, Commerce notified representatives of the GOC of the receipt of the Petition, and provided them the opportunity for consultations with respect to the CVD 12 See 19 CFR 351.303(b). 19 CFR 351.303 (for general filing requirements); see also Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011), for details of Commerce’s electronic filing requirements, which went into effect on August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/ Handbook%20on%20Electronic%20Filling%20 Procedures.pdf. 13 See PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Petition.14 In response to Commerce’s invitation, the GOC met with Commerce Officials on February 7, 2018.15 The invitation letter and memorandum to the file regarding the consultations are on file electronically via ACCESS. Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,16 they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such 14 See Letter to the Embassy of China from Commerce, ‘‘Countervailing Duty Petition on Cast Iron Soil Pipe from the People’s Republic of China’’ (January 29, 2018). 15 See memorandum to the file, ‘‘Consultations with Officials from the Government of China,’’ dated February 8, 2018. 16 See Section 771(10) of the Act. E:\FR\FM\23FEN1.SGM 23FEN1 Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices daltland on DSKBBV9HB2PROD with NOTICES differences do not render the decision of either agency contrary to law.17 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in a petition). With regard to the domestic like product, the petitioner does not offer a definition of the domestic like product distinct from the scope of the Petition. Based on our analysis of the information submitted on the record, we have determined that soil pipe, as defined in the scope, constitutes a single domestic like product, and we have analyzed industry support in terms of that domestic like product.18 In determining whether the petitioner has standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petition and the General Issues Supplement with reference to the domestic like product as defined in the ‘‘Scope of the Investigation,’’ in the Appendix to this notice. The petitioner provided the 2017 production of the domestic like product by its members.19 The petitioner states that its members are the only known producers of soil pipe in the United States; therefore, the Petition is supported by 100 percent of the U.S. industry.20 Our review of the data provided in the Petition, General Issues Supplement, and other information readily available to Commerce indicates that the petitioner has established industry support for the Petition.21 First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like 17 See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d 865 F.2d 240 (Fed. Cir. 1989)). 18 For a discussion of the domestic like product analysis in this case, see Countervailing Duty Investigation Initiation Checklist: Cast Iron Soil Pipe from the People’s Republic of China (Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Cast Iron Soil Pipe from the People’s Republic of China (Attachment II). This checklist is dated concurrently with this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building. 19 See Volume I of the Petition at 4. 20 Id. at 3–4 and Exhibit I–1. 21 See Initiation Checklist at Attachment II. VerDate Sep<11>2014 18:52 Feb 22, 2018 Jkt 244001 product and, as such, Commerce is not required to take further action in order to evaluate industry support (e.g., polling).22 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.23 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.24 Accordingly, Commerce determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act. Commerce finds that the petitioner filed the Petition on behalf of the domestic industry because it is an interested party as defined in section 771(9)(E) of the Act, and it has demonstrated sufficient industry support with respect to the CVD investigation that it is requesting that Commerce initiate.25 Injury Test Because China is a ‘‘Subsidies Agreement Country’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from China materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioner alleges that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioner alleges that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.26 The petitioner contends that the industry’s injured condition is illustrated by a significant and 22 See section 702(c)(4)(D) of the Act; see also Initiation Checklist at Attachment II. 23 See Initiation Checklist at Attachment II. 24 Id. 25 Id. 26 See Volume I of the Petition, at 13–14 and Exhibit I–7. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 8049 increasing volume of subject imports; reduced market share and increasing market share of subject imports; underselling and price depression; lost sales and revenues; and negative impact on financial results, including total revenue, gross profits, operating income, and net income.27 We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.28 Initiation of CVD Investigation Section 702(b)(1) of the Act requires Commerce to initiate a CVD investigation whenever an interested party files a CVD petition on behalf of an industry that: (1) Alleges the elements necessary for an imposition of a duty under section 701(a) of the Act; and (2) is accompanied by information reasonably available to the petitioner supporting the allegations. The petitioner alleges that producers/ exporters of soil pipe in China benefited from countervailable subsidies bestowed by the GOC. Commerce examined the Petition and finds that it complies with the requirements of section 702(b)(1) of the Act. Therefore, in accordance with section 702(b)(1) of the Act, we are initiating a CVD investigation to determine whether manufacturers, producers, and/or exporters of soil pipe from China receive countervailable subsidies from the GOC. Under the Trade Preferences Extension Act of 2015, numerous amendments to the AD and CVD laws were made.29 The 2015 law does not specify dates of application for those amendments. On August 6, 2015, Commerce published an interpretative rule, in which it announced the applicability dates for each amendment to the Act, except for amendments contained in section 771(7) of the Act, which relate to determinations of material injury by the ITC.30 The amendments to sections 776 and 782 of 27 Id. at 14–19 and Exhibits I–7, I–9 and I–10; see also General Issues Supplement, at 1. 28 See Initiation Checklist at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Cast Iron Soil Pipe from the People’s Republic of China. 29 See Trade Preferences Extension Act of 2015, Pub. L. 114–27, 129 Stat. 362 (2015). 30 See Dates of Application of Amendments to the Antidumping and Countervailing Duty Laws Made by the Trade Preferences Extension Act of 2015, 80 FR 46793 (August 6, 2015). The 2015 amendments may be found at https://www.congress.gov/bill/ 114th-congress/house-bill/1295/text/pl. E:\FR\FM\23FEN1.SGM 23FEN1 8050 Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices the Act are applicable to all determinations made on or after August 6, 2015, and, therefore, apply to this CVD investigation.31 Subsidy Allegations Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on all 32 alleged programs.32 For a full discussion of the basis for our decision to initiate on each program, see the CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination in this investigation no later than 65 days after the date of initiation. Respondent Selection daltland on DSKBBV9HB2PROD with NOTICES The petitioner named numerous companies as producers/exporters of soil pipe from China. Commerce intends to follow its standard practice in CVD investigations and calculate companyspecific subsidy rates in this investigation. In the event Commerce determines that the number of companies is large and it cannot individually examine each company based upon Commerce’s resources, where appropriate, Commerce intends to select mandatory respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of soil pipe from China during the period of investigation under the appropriate Harmonized Tariff Schedule of the United States number listed in the ‘‘Scope of the Investigation,’’ in the Appendix. On February 5, 2018, Commerce released CBP data under Administrative Protective Order (APO) to all parties with access to information protected by APO and indicated that interested parties wishing to comment regarding the CBP data and respondent selection must do so within three business days of the publication date of the notice of initiation of this CVD investigation.33 Commerce will not accept rebuttal comments regarding the CBP data or respondent selection. Interested parties must submit applications for disclosure under APO 31 Id., at 46794–95. the CVD Supplement, the petitioner withdrew its request that we initiate a CVD investigation on several programs. 33 See Memorandum, ‘‘Cast Iron Soil Pipe from the People’s Republic of China Countervailing Duty Petition: Release of Customs Data from U.S. Customs and Border Protection,’’ dated February 5, 2018. 32 In VerDate Sep<11>2014 18:52 Feb 22, 2018 Jkt 244001 in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on Commerce’s website at https://enforcement.trade.gov/apo. Comments for this investigation must be filed electronically using ACCESS. An electronically-filed document must be received successfully in its entirety by Commerce’s electronic records system, ACCESS, by 5:00 p.m. ET, by the date noted above. We intend to finalize our decision regarding respondent selection within 20 days of publication of this notice. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petition has been provided to the GOC via ACCESS. Because of the large number of producers/exporters identified in the Petition,34 Commerce considers the service of the public version of the Petition to the foreign producers/exporters satisfied by delivery of the public version to the GOC, consistent with 19 CFR 351.203(c)(2). ITC Notification We will notify the ITC of our initiation, as required by section 702(d) of the Act. Preliminary Determination by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of soil pipe from China are materially injuring, or threatening material injury to, a U.S. industry.35 A negative ITC determination will result in the investigation being terminated; 36 otherwise, this investigation will proceed according to statutory and regulatory time limits. Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i) through (iv). The regulation requires any party, when submitting factual information, to specify under which subsection of 19 34 See Volume I of the Petition, at Exhibit I–4. section 703(a)(2) of the Act. 36 See section 703(a)(1) of the Act. 35 See PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Parties are advised to review the regulations prior to submitting factual information in this investigation. Extension of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimely-filed requests for the extension of time limits. Review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to submitting factual information in this investigation. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.37 Parties must use the certification formats provided in 19 CFR 351.303(g).38 39 Commerce intends to 37 See section 782(b) of the Act. also Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to frequently asked questions regarding the Final Rule are available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 38 See E:\FR\FM\23FEN1.SGM 23FEN1 Federal Register / Vol. 83, No. 37 / Friday, February 23, 2018 / Notices reject factual submissions if the submitting party does not comply with the applicable revised certification requirements. purposes only; the written description of the scope of this investigation is dispositive. [FR Doc. 2018–03746 Filed 2–22–18; 8:45 am] BILLING CODE 3510–DS–P Notification to Interested Parties Interested parties must submit applications for disclosure under Administrative Protective Order (APO) in accordance with 19 CFR 351.305. On January 22, 2008, Commerce published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to sections 702 and 777(i) of the Act. Dated: February 15, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. daltland on DSKBBV9HB2PROD with NOTICES Appendix—Scope of the Investigation The merchandise covered by this investigation is cast iron soil pipe, whether finished or unfinished, regardless of industry or proprietary specifications, and regardless of wall thickness, length, diameter, surface finish, end finish, or stenciling. The scope of this investigation includes, but is not limited to, both hubless and hub and spigot cast iron soil pipe. Cast iron soil pipe is nonmalleable iron pipe of various designs and sizes. Cast iron soil pipe is generally distinguished from other types of nonmalleable cast iron pipe by the manner in which it is connected to cast iron soil pipe fittings. Cast iron soil pipe is classified into two major types—hubless and hub and spigot. Hubless cast iron soil pipe is manufactured without a hub, generally in compliance with Cast Iron Soil Pipe Institute (CISPI) specification 301 and/or American Society for Testing and Materials (ASTM) specification A888, including any revisions to those specifications. Hub and spigot pipe has one or more hubs into which the spigot (plain end) of a fitting is inserted. All pipe meeting the physical description set forth above is covered by the scope of this investigation, whether or not produced according to a particular standard. The subject imports are currently classified in subheading 7303.00.0030 of the Harmonized Tariff Schedule of the United States (HTSUS): Cast iron soil pipe. The HTSUS subheading and specifications are provided for convenience and customs 39 See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked questions regarding the Final Rule, available at https://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. VerDate Sep<11>2014 18:52 Feb 22, 2018 Jkt 244001 DEPARTMENT OF COMMERCE International Trade Administration Civil Nuclear Trade Advisory Committee; Meeting of the Civil Nuclear Trade Advisory Committee International Trade Administration, U.S. Department of Commerce. ACTION: Notice of Federal Advisory Committee meeting. AGENCY: This notice sets forth the schedule and proposed agenda for a meeting of the Civil Nuclear Trade Advisory Committee (CINTAC). DATES: The meeting is scheduled for Thursday, May 17, 2018, from 1:00 p.m. to 3:00 p.m. Eastern Daylight Time (EDT). SUMMARY: The meeting will be held via conference call. The call-in number and passcode will be provided by email to registrants. Requests to register (including to speak or for auxiliary aids) and any written comments should be submitted to: Mr. Jonathan Chesebro, Office of Energy & Environmental Industries, International Trade Administration, Room 20010, 1401 Constitution Ave. NW, Washington, DC 20230 (Fax: 202–482–5665; email: jonathan.chesebro@trade.gov). Members of the public are encouraged to submit registration requests and written comments via email to ensure timely receipt. ADDRESSES: Mr. Jonathan Chesebro, Office of Energy & Environmental Industries, International Trade Administration, Mail Stop 28018, 1401 Constitution Ave. NW, Washington, DC 20230 (Phone: 202– 482–1297; Fax: 202–482–5665; email: jonathan.chesebro@trade.gov). SUPPLEMENTARY INFORMATION: Background: The CINTAC was established under the discretionary authority of the Secretary of Commerce and in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), in response to an identified need for consensus advice from U.S. industry to the Secretary of Commerce regarding the development and administration of programs to expand United States exports of civil nuclear goods and services in accordance with applicable U.S. laws and regulations, including advice on how U.S. civil nuclear goods FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 8051 and services export policies, programs, and activities will affect the U.S. civil nuclear industry’s competitiveness and ability to participate in the international market. Topics to be considered: The agenda for the Thursday, May 17, 2018 CINTAC meeting is as follows: Public Session 1:00 p.m.–3:00 p.m. 1. International Trade Administration’s Civil Nuclear Trade Initiative Update 2. Civil Nuclear Trade Promotion Activities Discussion 3. Public comment period The meeting will be open to the public and will be accessible to people with disabilities. Members of the public wishing to attend the meeting must notify Mr. Jonathan Chesebro at the contact information above by 5:00 p.m. EDT on Friday, May 11, 2018 in order to pre-register. Please specify any requests for reasonable accommodation at least five business days in advance of the meeting. Last minute requests will be accepted, but may not be possible to fill. A limited amount of time will be available for pertinent brief oral comments from members of the public attending the meeting. To accommodate as many speakers as possible, the time for public comments will be limited to two (2) minutes per person, with a total public comment period of 60 minutes. Individuals wishing to reserve speaking time during the meeting must contact Mr. Chesebro and submit a brief statement of the general nature of the comments and the name and address of the proposed participant by 5:00 p.m. EDT on Friday, May 11, 2018. If the number of registrants requesting to make statements is greater than can be reasonably accommodated during the meeting, ITA may conduct a lottery to determine the speakers. Any member of the public may submit pertinent written comments concerning the CINTAC’s affairs at any time before and after the meeting. Comments may be submitted to the Civil Nuclear Trade Advisory Committee, Office of Energy & Environmental Industries, U.S. Department of Commerce, Mail Stop 28018, 1401 Constitution Ave. NW, Washington, DC 20230. For consideration during the meeting, and to ensure transmission to the Committee prior to the meeting, comments must be received no later than 5:00 p.m. EDT on Friday, May 11, 2018. Comments received after that date will be distributed to the members but may not be considered at the meeting. E:\FR\FM\23FEN1.SGM 23FEN1

Agencies

[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Notices]
[Pages 8047-8051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03746]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-080]


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

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

DATES: Applicable February 15, 2018.

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

SUPPLEMENTARY INFORMATION: 

The Petition

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

    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended

[[Page 8048]]

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

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

Scope of the Investigation

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

Comments on the Scope of the Investigation

    On February 2, 2018, in response to a question from Commerce, the 
petitioner filed a revision to the scope language.\9\
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    \9\ See General Issues Supplement at Exhibit 1.
---------------------------------------------------------------------------

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

Filing Requirements

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

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

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

[[Page 8049]]

differences do not render the decision of either agency contrary to 
law.\17\
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    \16\ See Section 771(10) of the Act.
    \17\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in a 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the Petition. Based on our analysis of the information submitted on 
the record, we have determined that soil pipe, as defined in the scope, 
constitutes a single domestic like product, and we have analyzed 
industry support in terms of that domestic like product.\18\
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    \18\ For a discussion of the domestic like product analysis in 
this case, see Countervailing Duty Investigation Initiation 
Checklist: Cast Iron Soil Pipe from the People's Republic of China 
(Initiation Checklist), at Attachment II, Analysis of Industry 
Support for the Antidumping and Countervailing Duty Petitions 
Covering Cast Iron Soil Pipe from the People's Republic of China 
(Attachment II). This checklist is dated concurrently with this 
notice and on file electronically via ACCESS. Access to documents 
filed via ACCESS is also available in the Central Records Unit, Room 
B8024 of the main Department of Commerce building.
---------------------------------------------------------------------------

    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition and the General Issues Supplement with 
reference to the domestic like product as defined in the ``Scope of the 
Investigation,'' in the Appendix to this notice. The petitioner 
provided the 2017 production of the domestic like product by its 
members.\19\ The petitioner states that its members are the only known 
producers of soil pipe in the United States; therefore, the Petition is 
supported by 100 percent of the U.S. industry.\20\
---------------------------------------------------------------------------

    \19\ See Volume I of the Petition at 4.
    \20\ Id. at 3-4 and Exhibit I-1.
---------------------------------------------------------------------------

    Our review of the data provided in the Petition, General Issues 
Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petition.\21\ First, the Petition established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\22\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
702(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petition account for at least 25 percent of the total 
production of the domestic like product.\23\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 702(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petition account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petition.\24\ Accordingly, Commerce determines that the Petition 
was filed on behalf of the domestic industry within the meaning of 
section 702(b)(1) of the Act.
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    \21\ See Initiation Checklist at Attachment II.
    \22\ See section 702(c)(4)(D) of the Act; see also Initiation 
Checklist at Attachment II.
    \23\ See Initiation Checklist at Attachment II.
    \24\ Id.
---------------------------------------------------------------------------

    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because it is an interested party as defined in 
section 771(9)(E) of the Act, and it has demonstrated sufficient 
industry support with respect to the CVD investigation that it is 
requesting that Commerce initiate.\25\
---------------------------------------------------------------------------

    \25\ Id.
---------------------------------------------------------------------------

Injury Test

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

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports exceed the negligibility threshold 
provided for under section 771(24)(A) of the Act.\26\
---------------------------------------------------------------------------

    \26\ See Volume I of the Petition, at 13-14 and Exhibit I-7.
---------------------------------------------------------------------------

    The petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share and increasing market share of subject imports; 
underselling and price depression; lost sales and revenues; and 
negative impact on financial results, including total revenue, gross 
profits, operating income, and net income.\27\ We have assessed the 
allegations and supporting evidence regarding material injury, threat 
of material injury, and causation, and we have determined that these 
allegations are properly supported by adequate evidence, and meet the 
statutory requirements for initiation.\28\
---------------------------------------------------------------------------

    \27\ Id. at 14-19 and Exhibits I-7, I-9 and I-10; see also 
General Issues Supplement, at 1.
    \28\ See Initiation Checklist at Attachment III, Analysis of 
Allegations and Evidence of Material Injury and Causation for the 
Antidumping and Countervailing Duty Petitions Covering Cast Iron 
Soil Pipe from the People's Republic of China.
---------------------------------------------------------------------------

Initiation of CVD Investigation

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

[[Page 8050]]

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

    Based on our review of the Petition, we find that there is 
sufficient information to initiate a CVD investigation on all 32 
alleged programs.\32\ For a full discussion of the basis for our 
decision to initiate on each program, see the CVD Initiation Checklist. 
A public version of the initiation checklist for this investigation is 
available on ACCESS.
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    \32\ In the CVD Supplement, the petitioner withdrew its request 
that we initiate a CVD investigation on several programs.
---------------------------------------------------------------------------

    In accordance with section 703(b)(1) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determination in this investigation no later than 65 days after the 
date of initiation.

Respondent Selection

    The petitioner named numerous companies as producers/exporters of 
soil pipe from China. Commerce intends to follow its standard practice 
in CVD investigations and calculate company-specific subsidy rates in 
this investigation. In the event Commerce determines that the number of 
companies is large and it cannot individually examine each company 
based upon Commerce's resources, where appropriate, Commerce intends to 
select mandatory respondents based on U.S. Customs and Border 
Protection (CBP) data for U.S. imports of soil pipe from China during 
the period of investigation under the appropriate Harmonized Tariff 
Schedule of the United States number listed in the ``Scope of the 
Investigation,'' in the Appendix.
    On February 5, 2018, Commerce released CBP data under 
Administrative Protective Order (APO) to all parties with access to 
information protected by APO and indicated that interested parties 
wishing to comment regarding the CBP data and respondent selection must 
do so within three business days of the publication date of the notice 
of initiation of this CVD investigation.\33\ Commerce will not accept 
rebuttal comments regarding the CBP data or respondent selection.
---------------------------------------------------------------------------

    \33\ See Memorandum, ``Cast Iron Soil Pipe from the People's 
Republic of China Countervailing Duty Petition: Release of Customs 
Data from U.S. Customs and Border Protection,'' dated February 5, 
2018.
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    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at https://enforcement.trade.gov/apo.
    Comments for this investigation must be filed electronically using 
ACCESS. An electronically-filed document must be received successfully 
in its entirety by Commerce's electronic records system, ACCESS, by 
5:00 p.m. ET, by the date noted above. We intend to finalize our 
decision regarding respondent selection within 20 days of publication 
of this notice.

Distribution of Copies of the Petition

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

    \34\ See Volume I of the Petition, at Exhibit I-4.
---------------------------------------------------------------------------

ITC Notification

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

Preliminary Determination by the ITC

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

Submission of Factual Information

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

Extension of Time Limits

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

Certification Requirements

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

[[Page 8051]]

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

Notification to Interested Parties

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

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

Appendix--Scope of the Investigation

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

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

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