Forged Steel Fittings From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 11170-11172 [2018-05154]
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Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices
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Agenda
Welcome and Introductions
Public Comment: Voting Rights in
Indiana
Closing Statements
Adjournment
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18:17 Mar 13, 2018
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Dated: March 9, 2018.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2018–05139 Filed 3–13–18; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–64–2017]
Foreign-Trade Zone (FTZ) 153—San
Diego, California; Authorization of
Production Activity; Plantronics, Inc.
(Electronics/Telecommunications);
San Diego, California
On October 13, 2017, Plantronics,
Inc., submitted a notification of
proposed production activity to the FTZ
Board for its facility within FTZ 153—
Site 8, in San Diego, California.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (82 FR 49178, October
24, 2017). On February 12, 2018, the
applicant was notified of the FTZ
Board’s decision that no further review
of the activity is warranted at this time.
The production activity described in the
notification was authorized, subject to
the FTZ Act and the FTZ Board’s
regulations, including Section 400.14.
Dated: March 8, 2018.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2018–05147 Filed 3–13–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–068]
Forged Steel 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
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
forged steel fittings from the People’s
Republic of China (China). The period
of investigation is January 1, 2016,
through December 31, 2016.
DATES: Applicable March 14, 2018.
AGENCY:
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FOR FURTHER INFORMATION CONTACT:
Brian Smith or Janae Martin, 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) 482–1766 or (202) 482–0238,
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 November 1, 2017.1 On December 1,
2017, the Department postponed the
preliminary determination of this
investigation by no later than 130 days
after the date on which Commerce
initiated this investigation.2
Commerce exercised its discretion to
toll all deadlines affected by the closure
of the Federal Government from January
20 through 22, 2018. If the new deadline
falls on a nonbusiness day, in
accordance with Commerce’s practice,
the deadline will become the next
business day. The revised deadline for
the publication of the preliminary
determination of this investigation is
now March 7, 2018.3
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.4 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
1 See Forged Steel Fittings from the People’s
Republic of China: Initiation of Countervailing Duty
Investigation, 82 FR 50623 (November 1, 2017)
(Initiation Notice).
2 See Forged Steel Fittings from the People’s
Republic of China: Postponement of Preliminary
Determination of Countervailing Duty Investigation,
82 FR 59584 (December 15, 2017).
3 See Memorandum for The Record from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant
Secretary for Enforcement and Compliance,
‘‘Deadlines Affected by the Shutdown of the
Federal Government,’’ dated January 23, 2018. All
deadlines in this segment of the proceeding have
been extended by 3 days.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination of the
Countervailing Duty Investigation of Forged Steel
Fittings from the People’s Republic of China,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices
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 forged steel fittings
from China. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage, (i.e., scope).6 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice.
For a summary of the product
coverage comments and rebuttal
responses submitted to the record for
this preliminary determination, and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Decision
Memorandum.7 The Department is
preliminarily modifying the scope
language as it appeared in the Initiation
Notice.8 As stated in the Preliminary
Scope Decision Memorandum, all
interested parties are invited to
comment on the proposed modifications
no later than March 19, 2018; rebuttal
comments are due no later than March
26, 2018. Such comments must be filed
via ACCESS on the records of this
countervailing duty investigation and
the concurrent antidumping duty
investigations of forged steel fittings
from China, Italy and Taiwan.
Methodology
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Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice.
7 See Memorandum, ‘‘Certain Forged Steel
Fittings from China, Italy, and Taiwan: Scope
Comments Decision Memorandum for the
Preliminary Determinations,’’ dated concurrently
with this notice (Preliminary Scope Decision
Memorandum).
8 See Appendix I.
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Jkt 244001
gives rise to a benefit to the recipient,
and that the subsidy is specific.9
Commerce 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
Commerce’s requests for information, it
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.10 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
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), Commerce is aligning the
final countervailing duty (CVD)
determination in this investigation with
the final determination in the
companion antidumping duty (AD)
investigation of forged steel fittings from
China based on a request made by the
petitioners.11 Consequently, the final
CVD determination will be issued on
the same date as the final AD
determination, which is currently
scheduled to be issued no later than July
23, 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.
The Department calculated an
individual estimated countervailable
subsidy rate for Both-Well (Taizhou)
Steel Fittings, Co., Ltd. (Both-Well), the
only individually examined exporter/
producer in this investigation. Because
the only individually calculated rate is
not zero, de minimis, or based entirely
under section 776 of the Act, the
estimated weighted-average rate
calculated for Both-Well is the rate
assigned to all-other producers and
exporters, pursuant to section
705(c)(5)(A)(i) of the Act.
9 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.
10 See sections 776(a) and (b) of the Act.
11 See Letter from the petitioners, ‘‘Forged Steel
Fittings from the People’s Republic of China:
Request for Alignment,’’ dated January 10, 2018.
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11171
Preliminary Determination
The Department preliminarily
determines that the following estimated
countervailable subsidy rates exist:
Company
Both-Well (Taizhou) Steel Fittings, Co., Ltd ..........................
All-Others ....................................
Subsidy
rate
(percent)
13.79
13.79
Suspension of Liquidation
In accordance with section
703(d)(1)(B) and (d)(2) of the Act,
Commerce 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’’ section 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), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above.
Disclosure
Commerce intends to disclose its
calculations and analysis performed 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, Commerce 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
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.12
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
12 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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Federal Register / Vol. 83, No. 50 / Wednesday, March 14, 2018 / Notices
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, Commerce
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.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its determination. If the 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 Commerce’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: March 7, 2018.
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.
daltland on DSKBBV9HB2PROD with NOTICES
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is carbon and alloy forged steel
fittings, whether unfinished (commonly
known as blanks or rough forgings) or
finished. Such fittings are made in a variety
of shapes including, but not limited to,
elbows, tees, crosses, laterals, couplings,
reducers, caps, plugs, bushings and unions.
Forged steel fittings are covered regardless of
end finish, whether threaded, socket-weld or
other end connections.
While these fittings are generally
manufactured to specifications ASME
B16.11, MSS SP–79, and MSS SP–83, ASTM
A105, ASTM A350 and ASTM A182, the
scope is not limited to fittings made to these
specifications.
The term forged is an industry term used
to describe a class of products included in
applicable standards, and does not reference
an exclusive manufacturing process. Forged
steel fittings are not manufactured from
casting. Pursuant to the applicable
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18:17 Mar 13, 2018
Jkt 244001
specifications, subject fittings may also be
machined from bar stock or machined from
seamless pipe and tube.
All types of fittings are included in the
scope regardless of nominal pipe size (which
may or may not be expressed in inches of
nominal pipe size), pressure rating (usually,
but not necessarily expressed in pounds of
pressure, e.g., 2,000 or 2M; 3,000 or 3M;
6,000 or 6M; 9,000 or 9M), wall thickness,
and whether or not heat treated.
Excluded from this scope are all fittings
entirely made of stainless steel. Also
excluded are flanges, butt weld fittings, and
nipples.
Also excluded are fittings certified to the
following standards and specifications, so
long as the fittings are not also manufactured
to the specifications of ASME B16.11, MSS
SP–79, and MSS SP–83, ASTM A105, ASTM
A350 and ASTM A182:
• American Petroleum Institute (API) 5CT,
API 5L, or API 11B
• Society of Automotive Engineering (SAE)
J476, SAE J514, SAE J516, SAE J517, SAE
J518, SAE J1026, SAE J1231, SAE J1453,
SAE J1926 or J2044
• Underwriter’s Laboratories (UL) certified
electrical conduit fittings
• ASTM A153, A536, A576, or A865
• Casing Conductor Connectors 16–42 inches
in diameter made to proprietary
specifications
To be excluded from the scope, products
must have the appropriate standard markings
and/or be accompanied by documentation
showing product compliance to the
applicable standard, e.g., ‘‘API 5CT’’ mark
and/or a mill certification report.
Subject carbon and alloy forged steel
fittings are normally entered under
Harmonized Tariff Schedule of the United
States (HTSUS) 7307.99.1000, 7307.99.3000,
7307.99.5045, and 7307.99.5060. They also
may be entered under HTSUS 7307.92.3010,
7307.92.3030, 7307.92.9000, and
7326.19.0010. The HTSUS subheadings and
specifications are provided for convenience
and customs purposes; the written
description of the scope is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Injury Test
VII. Application of the CVD Law to Imports
From China
VIII. Use of Facts Otherwise Available and
Adverse Inferences
IX. Subsidies Valuation
X. Benchmarks and Interest Rates
XI. Analysis of Programs
XII. Conclusion
[FR Doc. 2018–05154 Filed 3–13–18; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–814]
Utility Scale Wind Towers From the
Socialist Republic of Vietnam: Final
Determination of No Shipments;
Antidumping Duty Administrative
Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is issuing a final no
shipments determination in the final
results of the antidumping duty
administrative review on utility scale
wind towers (wind towers) from the
Socialist Republic of Vietnam (Vietnam)
because Commerce continues to find
that CS Wind Group did not have any
shipments of subject merchandise by CS
Wind Group during the period of review
(POR). This review covers CS Wind
Group where the company was the
producer but not the exporter, or the
exporter but not the producer of subject
merchandise.
DATES: Applicable March 14, 2018.
FOR FURTHER INFORMATION CONTACT:
Trisha Tran, AD/CVD Operations, Office
IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4852.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 31, 2017, Commerce
published its Amended Initiation
Notice.1 According to the Amended
Initiation Notice, Commerce stated it
was initiating an administrative review
only on entries where CS Wind Group
1 See Utility Scale Wind Towers from the Socialist
Republic of Vietnam: Notice of Amended Initiation
of Antidumping Duty Administrative Review; 2016–
2017, 82 FR 24943 (May 31, 2017) (Amended
Initiation Notice). In the Amended Initiation Notice,
Commerce stated that it inadvertently initiated an
administrative review on all entries of merchandise
exported by CS Wind Group. Because wind towers
that are produced and exported by CS Wind Group
were excluded from the antidumping duty order on
wind towers from Vietnam effective March 26,
2017, Commerce clarified in the Amended
Initiation Notice that we should only have initiated
the administrative review on wind towers produced
in Vietnam with respect to the CS Wind Group
where CS Wind Group was (1) the producer but not
the exporter, or (2) the exporter but not the
producer. To correct this error in the Initiation
Notice, Commerce explained it was issuing the
Amended Initiation Notice with respect to the CS
Wind Group. More specifically, Commerce stated it
was initiating an administrative review only on
entries where CS Wind Group was (1) the producer
but not the exporter, or (2) the exporter but not the
producer of subject merchandise.
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Agencies
[Federal Register Volume 83, Number 50 (Wednesday, March 14, 2018)]
[Notices]
[Pages 11170-11172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05154]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-068]
Forged Steel 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 (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of forged steel fittings from the People's Republic of China
(China). The period of investigation is January 1, 2016, through
December 31, 2016.
DATES: Applicable March 14, 2018.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Janae Martin, 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) 482-1766 or (202)
482-0238, 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 November 1,
2017.\1\ On December 1, 2017, the Department postponed the preliminary
determination of this investigation by no later than 130 days after the
date on which Commerce initiated this investigation.\2\
---------------------------------------------------------------------------
\1\ See Forged Steel Fittings from the People's Republic of
China: Initiation of Countervailing Duty Investigation, 82 FR 50623
(November 1, 2017) (Initiation Notice).
\2\ See Forged Steel Fittings from the People's Republic of
China: Postponement of Preliminary Determination of Countervailing
Duty Investigation, 82 FR 59584 (December 15, 2017).
---------------------------------------------------------------------------
Commerce exercised its discretion to toll all deadlines affected by
the closure of the Federal Government from January 20 through 22, 2018.
If the new deadline falls on a nonbusiness day, in accordance with
Commerce's practice, the deadline will become the next business day.
The revised deadline for the publication of the preliminary
determination of this investigation is now March 7, 2018.\3\
---------------------------------------------------------------------------
\3\ See Memorandum for The Record from Christian Marsh, Deputy
Assistant Secretary for Enforcement and Compliance, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of
the Federal Government,'' dated January 23, 2018. All deadlines in
this segment of the proceeding have been extended by 3 days.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\4\ 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
[[Page 11171]]
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.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination of the Countervailing Duty Investigation of Forged
Steel 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 forged steel
fittings from China. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, (i.e., scope).\6\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice.
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\6\ See Initiation Notice.
---------------------------------------------------------------------------
For a summary of the product coverage comments and rebuttal
responses submitted to the record for this preliminary determination,
and accompanying discussion and analysis of all comments timely
received, see the Preliminary Scope Decision Memorandum.\7\ The
Department is preliminarily modifying the scope language as it appeared
in the Initiation Notice.\8\ As stated in the Preliminary Scope
Decision Memorandum, all interested parties are invited to comment on
the proposed modifications no later than March 19, 2018; rebuttal
comments are due no later than March 26, 2018. Such comments must be
filed via ACCESS on the records of this countervailing duty
investigation and the concurrent antidumping duty investigations of
forged steel fittings from China, Italy and Taiwan.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Certain Forged Steel Fittings from China,
Italy, and Taiwan: Scope Comments Decision Memorandum for the
Preliminary Determinations,'' dated concurrently with this notice
(Preliminary Scope Decision Memorandum).
\8\ See Appendix I.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\9\
---------------------------------------------------------------------------
\9\ 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.
---------------------------------------------------------------------------
Commerce 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 Commerce's
requests for information, it drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\10\
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\10\ 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), Commerce is
aligning the final countervailing duty (CVD) determination in this
investigation with the final determination in the companion antidumping
duty (AD) investigation of forged steel fittings from China based on a
request made by the petitioners.\11\ Consequently, the final CVD
determination will be issued on the same date as the final AD
determination, which is currently scheduled to be issued no later than
July 23, 2018, unless postponed.
---------------------------------------------------------------------------
\11\ See Letter from the petitioners, ``Forged Steel Fittings
from the People's Republic of China: Request for Alignment,'' dated
January 10, 2018.
---------------------------------------------------------------------------
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.
The Department calculated an individual estimated countervailable
subsidy rate for Both-Well (Taizhou) Steel Fittings, Co., Ltd. (Both-
Well), the only individually examined exporter/producer in this
investigation. Because the only individually calculated rate is not
zero, de minimis, or based entirely under section 776 of the Act, the
estimated weighted-average rate calculated for Both-Well is the rate
assigned to all-other producers and exporters, pursuant to section
705(c)(5)(A)(i) of the Act.
Preliminary Determination
The Department preliminarily determines that the following
estimated countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Both-Well (Taizhou) Steel Fittings, Co., Ltd................ 13.79
All-Others.................................................. 13.79
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce 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'' section 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),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed 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, Commerce 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 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.\12\ 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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\12\ 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
[[Page 11172]]
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, Commerce 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.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. If the
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 Commerce'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: March 7, 2018.
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 carbon and
alloy forged steel fittings, whether unfinished (commonly known as
blanks or rough forgings) or finished. Such fittings are made in a
variety of shapes including, but not limited to, elbows, tees,
crosses, laterals, couplings, reducers, caps, plugs, bushings and
unions. Forged steel fittings are covered regardless of end finish,
whether threaded, socket-weld or other end connections.
While these fittings are generally manufactured to
specifications ASME B16.11, MSS SP-79, and MSS SP-83, ASTM A105,
ASTM A350 and ASTM A182, the scope is not limited to fittings made
to these specifications.
The term forged is an industry term used to describe a class of
products included in applicable standards, and does not reference an
exclusive manufacturing process. Forged steel fittings are not
manufactured from casting. Pursuant to the applicable
specifications, subject fittings may also be machined from bar stock
or machined from seamless pipe and tube.
All types of fittings are included in the scope regardless of
nominal pipe size (which may or may not be expressed in inches of
nominal pipe size), pressure rating (usually, but not necessarily
expressed in pounds of pressure, e.g., 2,000 or 2M; 3,000 or 3M;
6,000 or 6M; 9,000 or 9M), wall thickness, and whether or not heat
treated.
Excluded from this scope are all fittings entirely made of
stainless steel. Also excluded are flanges, butt weld fittings, and
nipples.
Also excluded are fittings certified to the following standards
and specifications, so long as the fittings are not also
manufactured to the specifications of ASME B16.11, MSS SP-79, and
MSS SP-83, ASTM A105, ASTM A350 and ASTM A182:
American Petroleum Institute (API) 5CT, API 5L, or API 11B
Society of Automotive Engineering (SAE) J476, SAE J514, SAE
J516, SAE J517, SAE J518, SAE J1026, SAE J1231, SAE J1453, SAE J1926
or J2044
Underwriter's Laboratories (UL) certified electrical
conduit fittings
ASTM A153, A536, A576, or A865
Casing Conductor Connectors 16-42 inches in diameter made
to proprietary specifications
To be excluded from the scope, products must have the
appropriate standard markings and/or be accompanied by documentation
showing product compliance to the applicable standard, e.g., ``API
5CT'' mark and/or a mill certification report.
Subject carbon and alloy forged steel fittings are normally
entered under Harmonized Tariff Schedule of the United States
(HTSUS) 7307.99.1000, 7307.99.3000, 7307.99.5045, and 7307.99.5060.
They also may be entered under HTSUS 7307.92.3010, 7307.92.3030,
7307.92.9000, and 7326.19.0010. The HTSUS subheadings and
specifications are provided for convenience and customs purposes;
the written description of the scope is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Injury Test
VII. Application of the CVD Law to Imports From China
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Subsidies Valuation
X. Benchmarks and Interest Rates
XI. Analysis of Programs
XII. Conclusion
[FR Doc. 2018-05154 Filed 3-13-18; 8:45 am]
BILLING CODE 3510-DS-P