Cast Iron Soil Pipe From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 30914-30916 [2018-14180]
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30914
Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Notices
rate, the cash deposit rate will be Chinawide rate of 90.83 percent; and (4) for
all non-China exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to China
exporter(s) that supplied that non-China
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Assessment Rates
Upon issuance of the final results,
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries. Commerce intends
to issue assessment instructions to CBP
15 days after the date of publication of
the final results of review.
For any individually examined
respondent whose weighted average
dumping margin is above de minimis
(i.e., 0.50 percent) in the final results of
this review, Commerce will calculate
importer-specific assessment rates on
the basis of the ratio of the total amount
of dumping calculated for the importer’s
examined sales to the total entered
value of sales, in accordance with 19
CFR 351.212(b)(1). Where an importer(or customer-) specific ad valorem rate
is greater than de minimis, Commerce
will instruct CBP to collect the
appropriate duties at the time of
liquidation.9 Where either a
respondent’s weighted average dumping
margin is zero or de minimis, or an
importer- (or customer-) specific ad
valorem is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.10
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the hearing will be limited to those
raised in the respective case and
rebuttal briefs.
Commerce will issue the final results
of this administrative review, including
the results of its analysis of the issues
raised in any written briefs, not later
than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For Baosteel,
Shanghai Meishan Iron & Steel, and
Union Steel China, which did not
qualify for separate rate, the cash
deposit rate will be China-wide rate of
90.83 percent; (2) for previously
investigated or reviewed China and nonChina exporters not listed above that
have separate rates, the cash deposit rate
will continue to be the exporter-specific
rate published for the most recent
period; (3) for all China exporters of
subject merchandise which have not
been found to be entitled to a separate
9 See
19 CFR 351.212(b)(1).
19 CFR 351.106(c)(2).
10 See
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17:40 Jun 29, 2018
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Dated: June 25, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2018–14179 Filed 6–29–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–080]
Cast Iron Soil Pipe 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
cast iron soil pipe (soil pipe) from the
People’s Republic of China (China). The
period of investigation is January 1,
2017, through December 31, 2017.
DATES: Applicable July 2, 2018.
FOR FURTHER INFORMATION CONTACT:
Omar Qureshi or Annathea Cook, AD/
CVD Operations, Office V, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
AGENCY:
PO 00000
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Fmt 4703
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(202) 482–5307 or (202) 482–0250,
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). Commerce published the
notice of initiation of this investigation
on February 23, 2018.1 On April 9,
2018, Commerce postponed the
preliminary determination of this
investigation and the revised deadline is
now June 25, 2018.2 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is soil pipe 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,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage, (i.e., scope).5 No interested
party commented on the scope of the
1 See Cast Iron Soil Pipe from the People’s
Republic of China: Initiation of Countervailing Duty
Investigation, 83 FR 8047 (February 23, 2018)
(Initiation Notice).
2 See Countervailing Duty Investigation of Cast
Iron Soil Pipe from the People’s Republic of China:
Postponement of Preliminary Determination, 83 FR
15129 (April 9, 2018).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination:
Countervailing Duty Investigation of Cast Iron Soil
Pipe from the People’s Republic of China,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
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Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Notices
investigation as it appeared in the
Initiation Notice.
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.6
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.7 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 soil pipe from China
based on a request made by the
petitioner.8 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
November 7, 2018, unless postponed.
All-Others Rate
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Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce 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.
Commerce calculated an individual
estimated countervailable subsidy rate
6 See
sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
7 See sections 776(a) and (b) of the Act.
8 See the petitioner’s Letter, ‘‘Cast Iron Soil Pipe
from the People’s Republic of China: Request to
Align Preliminary Determinations,’’ dated June 12,
2018.
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17:40 Jun 29, 2018
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30915
for Yuncheng Jiangxian Economic
Development Zone HengTong Casting
Co. Ltd. (HengTong), the only
individually examined exporter/
producer in this investigation. Because
the only individually calculated rate is
not zero, de minimis, or based entirely
on facts otherwise available, the
estimated weighted-average rate
calculated for HengTong is the rate
assigned to all-other producers and
exporters, pursuant to section
705(c)(5)(A)(i) of the Act.
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.10
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Preliminary Determination
Pursuant to 19 CFR 351.310(c),
Commerce preliminarily determines
interested parties who wish to request a
that the following estimated
hearing, limited to issues raised in the
countervailable subsidy rates exist:
case and rebuttal briefs, must submit a
written request to the Assistant
Subsidy rate
Secretary for Enforcement and
Company
(percent)
Compliance, U.S. Department of
Kingway Pipe Co., Ltd ..........
111.20 Commerce within 30 days after the date
of publication of this notice. Requests
Yuncheng Jiangxian Economic Development Zone
should contain the party’s name,
HengTong Casting Co.
address, and telephone number, the
9 ...................................
Ltd
13.11 number of participants, whether any
All-Others ..............................
13.11
participant is a foreign national, and a
list of the issues to be discussed. If a
Suspension of Liquidation
request for a hearing is made, Commerce
In accordance with section
intends to hold the hearing at the U.S.
703(d)(1)(B) and (d)(2) of the Act,
Department of Commerce, 1401
Commerce will direct U.S. Customs and Constitution Avenue NW, Washington,
Border Protection (CBP) to suspend
DC 20230, at a time and date to be
liquidation of entries of subject
determined. Parties should confirm by
merchandise as described in the scope
telephone the date, time, and location of
of the investigation section entered, or
the hearing two days before the
withdrawn from warehouse, for
scheduled date.
consumption on or after the date of
publication of this notice in the Federal International Trade Commission
Notification
Register. Further, pursuant to 19 CFR
In accordance with section 703(f) of
351.205(d), Commerce will instruct CBP
the Act, Commerce will notify the
to require a cash deposit equal to the
International Trade Commission (ITC) of
rates indicated above.
its determination. If the final
Disclosure
determination is affirmative, the ITC
Commerce intends to disclose its
will determine before the later of 120
calculations and analysis performed to
days after the date of this preliminary
interested parties in this preliminary
determination or 45 days after the final
determination within five days of its
determination.
public announcement, or if there is no
Notification to Interested Parties
public announcement, within five days
of the date of this notice in accordance
This determination is issued and
with 19 CFR 351.224(b).
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
Verification
351.205(c).
As provided in section 782(i)(1) of the
Dated: June 25, 2018.
Act, Commerce intends to verify the
Christian Marsh,
information relied upon in making its
Deputy Assistant Secretary for Enforcement
final determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
9 As discussed in the Preliminary Decision
Memorandum, Commerce has found Yuncheng
Jiangxian Economic Development Zone HengTong
Casting Co. Ltd. to be cross-owned with Quwo
Hengtong Casting Limited Company.
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Fmt 4703
Sfmt 4703
and Compliance.
Appendix I—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
10 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
E:\FR\FM\02JYN1.SGM
02JYN1
30916
Federal Register / Vol. 83, No. 127 / Monday, July 2, 2018 / Notices
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.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. New Subsidy Allegations
V. Alignment
VI. Injury Test
VII. Application of the CVD Law to Imports
From the China
VIII. Use of Facts Otherwise Available and
Adverse Inferences
IX. Subsidies Valuation
X. Benchmarks
XI. Analysis of Programs
XII. Calculation of All-Others Rate
XIII. ITC Notification
XIV. Recommendation
[FR Doc. 2018–14180 Filed 6–29–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG319
Marine Mammals; File Nos. 22292 and
22294
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of applications.
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AGENCY:
Notice is hereby given that
Icon Films, 3rd Floor College House,
32–36 College Green, Bristol, BS1 5SP,
SUMMARY:
VerDate Sep<11>2014
17:40 Jun 29, 2018
Jkt 244001
United Kingdom (Responsible Party:
Laura Marshall) (File No. 22292), and
Plimsoll Productions, Whiteladies
House, 51–55 Whiteladies Road, Clifton,
Bristol, BS8 2LY, United Kingdom
(Responsible Party: Bill Markham) (File
No. 22294) have applied in due form for
permits to conduct commercial or
educational photography on marine
mammals.
DATES: Written, telefaxed, or email
comments must be received on or before
August 1, 2018.
ADDRESSES: These documents are
available upon written request or by
appointment in the Permits and
Conservation Division, Office of
Protected Resources, NMFS, 1315 EastWest Highway, Room 13705, Silver
Spring, MD 20910; phone (301) 427–
8401; fax (301) 713–0376.
Written comments on these
applications should be submitted to the
Chief, Permits and Conservation
Division, at the address listed above.
Comments may also be submitted by
facsimile to (301) 713–0376, or by email
to NMFS.Pr1Comments@noaa.gov.
Please include the File No. in the
subject line of the email comment.
Those individuals requesting a public
hearing should submit a written request
to the Chief, Permits and Conservation
Division at the address listed above. The
request should set forth the specific
reasons why a hearing on these
applications would be appropriate.
FOR FURTHER INFORMATION CONTACT:
Carrie Hubard or Sara Young, (301) 427–
8401.
SUPPLEMENTARY INFORMATION: The
subject permits are requested under the
authority of the Marine Mammal
Protection Act of 1972, as amended
(MMPA; 16 U.S.C. 1361 et seq.) and the
regulations governing the taking and
importing of marine mammals (50 CFR
part 216).
Icon Films (File No. 22292) proposes
to film killer whales (Orcinus orca) and
harbor seals (Phoca vitulina) in the
waters off Seward, AK. Filmmakers may
approach up to 100 killer whales to film
from boats, pole cameras, or an
unmanned aircraft system. Fifty harbor
seals may be approached and filmed
from a boat. The goal of the project is
to obtain footage of killer whales feeding
on Chinook salmon for use in a
documentary television show to air on
Animal Planet in 2019. The permit
would be valid until August 30, 2018.
Plimsoll Productions (File No. 22294)
proposes to film bottlenose dolphins
(Tursiops truncatus) in and around
Indian River Lagoon, the Banana River,
and Mosquito Lagoon, FL. Filming
would occur after sunset, from
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Fmt 4703
Sfmt 4703
approximately 10 p.m. to 2 a.m. over 14
days in August and September 2018.
Specialized cameras onboard a boat,
attached to poles for underwater
filming, and on an unmanned aircraft
system would be used to film dolphins
swimming through bioluminescence.
Up to 84 dolphins may be harassed
during filming. The footage would be
used in a wildlife documentary series
about unique animal behaviors and
adaptations to living in the dark. The
permit would be valid until October 1,
2018.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), an initial
determination has been made that the
activities proposed are categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
Concurrent with the publication of
this notice in the Federal Register,
NMFS is forwarding copies of the
applications to the Marine Mammal
Commission and its Committee of
Scientific Advisors.
Dated: June 26, 2018.
Julia Marie Harrison,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2018–14106 Filed 6–29–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG271
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Exempted
Fishing Permits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of receipt of an
application for exempted fishing permit;
request for comments.
AGENCY:
NMFS announces the receipt
of an application for an exempted
fishing permit (EFP) from the Florida
Fish and Wildlife Conservation
Commission (FWC). If granted, the EFP
would authorize the deployment of
modified wire spiny lobster traps in the
Federal waters of the South Atlantic.
The project would seek to determine the
effectiveness of these traps, as
applicable, for attracting and collecting
invasive lionfish while avoiding
impacts to non-target species, protected
species, and habitats.
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Notices]
[Pages 30914-30916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14180]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-080]
Cast Iron Soil Pipe 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 cast iron soil pipe (soil pipe) from the People's Republic
of China (China). The period of investigation is January 1, 2017,
through December 31, 2017.
DATES: Applicable July 2, 2018.
FOR FURTHER INFORMATION CONTACT: Omar Qureshi or Annathea Cook, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5307 or (202) 482-0250,
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). Commerce
published the notice of initiation of this investigation on February
23, 2018.\1\ On April 9, 2018, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
June 25, 2018.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics discussed in the Preliminary
Decision Memorandum is included as Appendix II to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov, and
is available to all parties in the Central Records Unit, room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content.
---------------------------------------------------------------------------
\1\ See Cast Iron Soil Pipe from the People's Republic of China:
Initiation of Countervailing Duty Investigation, 83 FR 8047
(February 23, 2018) (Initiation Notice).
\2\ See Countervailing Duty Investigation of Cast Iron Soil Pipe
from the People's Republic of China: Postponement of Preliminary
Determination, 83 FR 15129 (April 9, 2018).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination: Countervailing Duty Investigation of Cast
Iron Soil Pipe from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is soil pipe 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,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, (i.e., scope).\5\ No interested
party commented on the scope of the
[[Page 30915]]
investigation as it appeared in the Initiation Notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
---------------------------------------------------------------------------
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.\6\
---------------------------------------------------------------------------
\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
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.\7\
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final countervailing duty (CVD) determination in this
investigation with the final determination in the companion antidumping
duty (AD) investigation of soil pipe from China based on a request made
by the petitioner.\8\ 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 November 7, 2018, unless
postponed.
---------------------------------------------------------------------------
\8\ See the petitioner's Letter, ``Cast Iron Soil Pipe from the
People's Republic of China: Request to Align Preliminary
Determinations,'' dated June 12, 2018.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce 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.
Commerce calculated an individual estimated countervailable subsidy
rate for Yuncheng Jiangxian Economic Development Zone HengTong Casting
Co. Ltd. (HengTong), the only individually examined exporter/producer
in this investigation. Because the only individually calculated rate is
not zero, de minimis, or based entirely on facts otherwise available,
the estimated weighted-average rate calculated for HengTong is the rate
assigned to all-other producers and exporters, pursuant to section
705(c)(5)(A)(i) of the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Kingway Pipe Co., Ltd................................... 111.20
Yuncheng Jiangxian Economic Development Zone HengTong 13.11
Casting Co. Ltd \9\....................................
All-Others.............................................. 13.11
------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\9\ As discussed in the Preliminary Decision Memorandum,
Commerce has found Yuncheng Jiangxian Economic Development Zone
HengTong Casting Co. Ltd. to be cross-owned with Quwo Hengtong
Casting Limited Company.
---------------------------------------------------------------------------
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.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
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 determine before the
later of 120 days after the date of this preliminary determination or
45 days after the 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: June 25, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I--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
[[Page 30916]]
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.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. New Subsidy Allegations
V. Alignment
VI. Injury Test
VII. Application of the CVD Law to Imports From the China
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Subsidies Valuation
X. Benchmarks
XI. Analysis of Programs
XII. Calculation of All-Others Rate
XIII. ITC Notification
XIV. Recommendation
[FR Doc. 2018-14180 Filed 6-29-18; 8:45 am]
BILLING CODE 3510-DS-P
