Cast Iron Soil Pipe Fittings From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value and Final Determination of Critical Circumstances, in Part, 33205-33208 [2018-14925]
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Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices
not limited to, rails, skid channels, skid rails,
drum/coil beds, fork clearance bars, pallet
supports, column and post protectors, end
row and end aisle protectors, corner guards,
row spacers, and wall ties). Subject steel
racks and parts thereof are made of steel,
including, but not limited to, cold and/or
hot-formed steel, regardless of the type of
steel used to produce the components and
may, or may not, include locking tabs, slots,
or bolted, clamped, or welded connections.
Steel rack components can be assembled
into structures of various dimensions and
configurations by welding, bolting, clipping,
or with the use of devices such as clips, end
plates, and beam connectors, including, but
not limited to the following configurations:
(1) Racks with upright frames perpendicular
to the aisles that are independently
adjustable, with positive locking beams
parallel to the aisle spanning the upright
frames with braces; and (2) cantilever racks
with vertical components parallel to the aisle
and cantilever beams or arms connected to
the vertical components perpendicular to the
aisle. Steel racks may be referred to as pallet
racks, storage racks, stacker racks, retail
racks, pick modules, selective racks, or
cantilever racks and may incorporate moving
components and be referred to as pallet-flow
racks, carton-flow racks, push-back racks,
movable-shelf racks, drive-in racks, and
drive-through racks. While steel racks may be
made to ANSI MH16.l or ANSI MH16.3
standards, all steel racks and parts thereof
meeting the description set out herein are
covered by the scope of this investigation,
whether or not produced according to a
particular standard.
The scope includes all steel racks and parts
thereof meeting the description above,
regardless of
(1) Dimensions, weight, strength, gauge, or
load rating;
(2) vertical components or frame type
(including structural, roll-form, or other);
(3) horizontal support or beam/brace type
(including but not limited to structural, rollform, slotted, unslotted, Z-beam, C-beam,
L-beam, step beam, and cantilever beam);
(4) number of supports;
(5) number of levels;
(6) surface coating, if any (including but
not limited to paint, epoxy, powder coating,
zinc, or other metallic coatings);
(7) shape (including but not limited to
rectangular, square, corner, and cantilever);
(8) the method by which the vertical and
horizontal supports connect (including but
not limited to locking tabs or slots, bolting,
clamping, and welding); and
(9) whether or not the steel rack has
moving components (including but not
limited to rails, wheels, rollers, tracks,
channels, carts, and conveyors).
Subject merchandise includes merchandise
matching the above description that has been
finished or packaged in a third country.
Finishing includes, but is not limited to,
coating, painting, or assembly, including
attaching the merchandise to another
product, or any other finishing or assembly
operation that would not remove the
merchandise from the scope of the
investigation if performed in the country of
manufacture of the steel racks and parts
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thereof. Packaging includes packaging the
merchandise with or without another
product or any other packaging operation
that would not remove the merchandise from
the scope of the investigation if performed in
the country of manufacture of the steel racks
and parts thereof.
Steel racks and parts thereof are included
in the scope of this investigation whether or
not imported attached to, or included with,
other parts or accessories such as wire
decking, nuts, and bolts. If steel racks and
parts thereof are imported attached to, or
included with, such non-subject
merchandise, only the steel racks and parts
thereof are included in the scope.
The scope of this investigation does not
cover: (1) Decks, i.e., shelving that sits on or
fits into the horizontal supports to provide
the horizontal storage surface of the steel
racks; (2) wire shelving units, i.e., shelves
made from wire that incorporate both a wire
deck and wire horizontal supports (taking the
place of the horizontal beams and braces)
into a single piece with tubular collars that
slide over the posts and onto plastic sleeves
snapped on the posts to create a finished
unit; (3) pins, nuts, bolts, washers, and clips
used as connecting devices; and (4) non-steel
components.
Specifically excluded from the scope of
this investigation are any products covered
by Commerce’s existing antidumping and
countervailing duty orders on boltless steel
shelving units prepackaged for sale from the
People’s Republic of China. See Boltless Steel
Shelving Units Prepackaged for Sale From
the People’s Republic of China: Antidumping
Duty Order, 80 FR 63,741 (October 21, 2017);
Boltless Steel Shelving Units Prepackaged for
Sale From the People’s Republic of China:
Amended Final Affirmative Countervailing
Duty Determination and Countervailing Duty
Order, 80 FR 63,745 (October 21, 2017). Also
excluded from the scope of this investigation
are bulk-packed parts or components of
boltless steel shelving units that were
specifically excluded from the scope of the
Boltless Steel Shelving Orders because such
bulk-packed parts or components do not
contain the steel vertical supports (i.e.,
uprights and posts) and steel horizontal
supports (i.e., beams, braces) packaged
together for assembly into a completed
boltless steel shelving unit.
Merchandise covered by this investigation
is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under the following subheadings:
7326.90.8688, 9403.20.0080, and
9403.90.8041. Subject merchandise may also
enter under subheadings 7308.90.3000,
7308.90.6000, 7308.90.9590, and
9403.20.0090. The HTSUS subheadings are
provided for convenience and U.S. Customs
purposes only. The written description of the
scope is dispositive.
[FR Doc. 2018–15224 Filed 7–16–18; 8:45 am]
BILLING CODE 3510–DS–P
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33205
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–062]
Cast Iron Soil Pipe Fittings From the
People’s Republic of China: Final
Affirmative Determination of Sales at
Less Than Fair Value and Final
Determination of Critical
Circumstances, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that cast iron
soil pipe fittings from the People’s
Republic of China (China) are being, or
are likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation is January 1,
2017, through June 30, 2017.
DATES: Applicable July 17, 2018.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin or Denisa Ursu, 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) 482–6478
and (202) 482–2285 respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 20, 2018, Commerce
published in the Federal Register the
Preliminary Determination in the LTFV
investigation of cast iron soil pipe
fittings from China.1 The mandatory
respondents in this investigation are
Shanxi Xuanshi Industrial Group Co.
Ltd. (Xuanshi), Wor-Biz International
Trading Co., Ltd. (Anhui) (Wor-Biz),
Sibo International Limited (Sibo), and
Kingway Pipe Co., Ltd. (Kingway).
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 non-business day, in
accordance with Commerce’s practice,
the deadline will become the next
business day. The revised deadline for
the final determination of this
investigation is now July 5, 2018.2
1 See Cast Iron Soil Pipe Fittings from the People’s
Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical
Circumstances, in Part, Postponement of Final
Determination and Extension of Provisional
Measures, 83 FR 7145 (February 20, 2018)
(Preliminary Determination) and accompanying
Preliminary Decision Memorandum.
2 See Memorandum for The Record from
Christian Marsh, Deputy Assistant Secretary for
Continued
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Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices
A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
interested parties for this final
determination may be found in the
Issues and Decision Memorandum
issued concurrently with this notice.3
The Issues and 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
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version are identical in
content.
Scope of the Investigation
daltland on DSKBBV9HB2PROD with NOTICES
The products covered by this
investigation are cast iron soil pipe
fittings from China. For a full
description of the scope of this
investigation, see the ‘‘Scope of the
Investigation’’ in Appendix I of this
notice. For this final determination,
Commerce has issued a scope
memorandum addressing interested
parties’ comments regarding scope
issues presented in the case briefs and
in subsequent scope comments.4
Commerce has determined to modify
the scope of the investigation to include
two additional subheadings of the U.S.
Harmonized Tariff Schedule under
which subject merchandise may enter.
Commerce has also provided a
clarification in the Final Scope
Memorandum. For further discussion,
see Commerce’s Final Scope
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’’ (Tolling Memorandum),
dated January 23, 2018. All deadlines in this
segment of the proceeding have been extended by
3 days.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Cast Iron Soil Pipe Fittings from the
People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
4 See Memorandum, ‘‘Countervailing Duty and
Less-Than-Fair-Value Investigations of Cast Iron
Soil Pipe Fittings from the People’s Republic of
China: Final Scope Memorandum’’ (Final Scope
Memorandum), dated concurrently with, and
hereby adopted by, this notice.
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Memorandum. The scope in Appendix
I reflects the final scope language.
includes Sibo, Kingway, and other
uncooperative respondents.
Analysis of Comments Received
China-Wide Rate
In selecting the AFA rate for the
China-wide entity, Commerce’s practice
is to select a rate that is sufficiently
adverse to ensure that the uncooperative
party does not obtain a more favorable
result by failing to cooperate than if it
had fully cooperated.8 Specifically, it is
Commerce’s practice to select, as an
AFA rate, the higher of: (a) The highest
dumping margin alleged in the petition;
or, (b) the highest calculated dumping
margin of any respondent in the
investigation.9 For the final
determination and for the reasons
explained in the Issues and Decision
Memorandum, we are relying on the
highest non-aberrational controlnumber-specific dumping margin
calculated for Sibo in the Preliminary
Determination to determine the rate for
the China-wide entity.10
The issues raised in the case and
rebuttal briefs submitted by parties in
this investigation are addressed in the
Issues and Decision Memorandum. A
list of the issues that parties raised, and
to which we responded in the Issues
and Decision Memorandum is attached
to this notice at Appendix II.
Final Affirmative Determination of
Critical Circumstances, in Part
In accordance with section 733(e)(1)
of the Act and 19 CFR 351.206, we
preliminarily found that critical
circumstances exist with respect to
imports of cast iron soil pipe fittings
from the China-wide entity, the nonselected separate rate respondents, and
Sibo, but do not exist with respect to
Xuanshi and Wor-Biz.5 Commerce
received no comments regarding its
preliminary critical circumstances
findings. For the final determination, we
continue to find that, in accordance
with section 735(a)(3) of the Act and 19
CFR 351.206, critical circumstances
exist with respect to imports of the
subject merchandise from the Chinawide entity. Based on updated shipment
and import data, we find that critical
circumstances do not exist with respect
to Xuanshi, Wor-Biz, and the nonselected separate rate respondents.6 As
discussed below, we have determined
that Sibo is no longer eligible for a
separate rate, and is now considered to
be part of the China-wide entity.
China-Wide Entity and Use of Adverse
Facts Available
After the Preliminary Determination
and prior to verification, Sibo notified
Commerce that it was withdrawing from
participation in this investigation. By
withdrawing from participation in this
investigation, Sibo prevented us from
conducting verification of its
questionnaire responses, including its
claim that it is a wholly foreign-owned
company. Therefore, we find that Sibo
has failed to demonstrate its eligibility
for a separate rate, and is considered to
be part of the China-wide entity.7 For
the reasons explained in the Preliminary
Determination, we continue to find that
the use of adverse facts available (AFA),
pursuant to sections 776(a) and (b) of
the Act, is warranted in determining the
rate for the China-wide entity, which
Preliminary Determination at 33–34.
the Issues and Decision Memorandum for
further details.
7 Id.
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5 See
6 See
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Separate Rates
For the final determination, we
continue to find that Xuanshi and WorBiz are eligible to separate rates, as
noted below. Section 735(c)(5)(A) of the
Act provides that the estimated ‘‘allothers’’ rate shall be an amount equal to
the weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding
zero or de minimis margins, and any
margins determined entirely under
section 776 of Act. Consistent with our
practice, we calculated a dumping
margin for the companies determined to
be eligible for separate rates, but which
were not individually examined, based
on the final dumping margins calculated
for Xuanshi and Wor-Biz.11 With two
respondents, we would normally
calculate (A) a weighted-average of the
dumping margins calculated for the
8 See, e.g., Notice of Preliminary Determination of
Sales at Less Than Fair Value and Postponement
of Final Determination: Purified Carboxymethyl
cellulose from Finland, 69 FR 77216 (December 27,
2004), unchanged in Notice of Final Determination
of Sales at Less Than Fair Value: Purified
Carboxymethyl cellulose from Finland, 70 FR 28279
(May 17, 2005).
9 See, e.g., Certain Stilbenic Optical Brightening
Agents from the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value, 77
FR 17436, 17438 (March 26, 2012); Final
Determination of Sales at Less Than Fair Value:
Certain Cold-Rolled Flat-Rolled Carbon Quality
Steel Products from the People’s Republic of China,
65 FR 34660 (May 31, 2000), and accompanying
IDM.
10 See Issues and Decision Memorandum at
Comment 1 for a full discussion of this issue.
11 See Memorandum, ‘‘Cast Iron Soil Pipe Fittings
from the People’s Republic of China: Calculation of
the Final Margin for Separate Rate Companies,’’
dated concurrently with this notice.
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mandatory respondents; (B) a simple
average of the dumping margins
calculated for the mandatory
respondents; and (C) a weighted-average
of the dumping margins calculated for
the mandatory respondents using each
company’s publicly-ranged values for
the merchandise under consideration.
We would compare (B) and (C) to (A)
and select the rate closest to (A) as the
most appropriate rate for the separate
rate companies.12 In this case, as
complete publicly-ranged sales data was
unavailable, we based the separate rate
on a simple average of the two
calculated margins.
Combination Rates
In the Initiation Notice,13 Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation.
Accordingly, we have assigned
combination rates to certain companies
as provided in the ‘‘Final
Determination’’ section below.
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from interested
parties and our findings at verification,
we made certain changes to the
calculation of the antidumping duty
margin applicable to Xuanshi and WorBiz. For a discussion of these changes,
see the Issues and Decision
Memorandum.
Final Determination
Commerce determines that cast iron
soil pipe fittings from China are being,
or are likely to be, sold in the United
States at LTFV, and that the following
dumping margins exist:
Estimated
weightedaverage
dumping
margin
(percent)
Cash deposit
rate
(adjusted for
subsidy
offsets)
(percent)
Producer
Exporter
Shanxi Xuanshi Industrial Group Co., Ltd ....................
Guang Zhou Premier & Pinan Foundry Co., Ltd/Botou
Chenyuan Foundry Co., Ltd/Wuhu Best Machines
Co., Ltd.
Shijiazhuang Asia Casting Co., Ltd ..............................
Qinshui Shunshida Casting Co., Ltd/Xinle Xinye Metal
Products Co., Ltd.
Qinshui Shunshida Casting Co., Ltd/Xinle Rishuo
Casting
Factory/Shijiazhuang
Shunjinguangao
Trade Co., Ltd/Xinle Tang Rong Fa Lan Pan Co.,
Ltd.
Xinle City Zhile Pipeline Industry Co., Ltd/Qinshui
Shunshida Casting Co., Ltd/Foshan City Deying
Metal Products Co., Ltd.
Xinle Rishuo Casting Factory/Qinshui Shunshida
Casting Co., Ltd.
Qinshui County Xinwei Precision Co., Ltd ...................
Shanxi Guruiwei Casting Co., Ltd ................................
Shijiazhuang Jingruisheng Metal Products Co., Ltd/
Qinshui Shunshida Casting Co., Ltd/Xinle City Zhile
Pipe Co., Ltd.
China-Wide Entity .........................................................
Shanxi Xuanshi Industrial Group Co., Ltd ....................
Wor-Biz Trading Co., Ltd (Anhui) .................................
27.18
22.11
27.09
21.88
Shijiazhuang Asia Casting Co., Ltd ..............................
Shanxi Zhongrui Tianyue Trading Co., Ltd ..................
24.65
24.65
24.49
24.49
Dalian Lino F.T.Z. Co., Ltd ...........................................
24.65
24.49
Dinggin Hardware (Dalian) Co., Ltd .............................
24.65
24.49
Dalian Metal I/E Co., Ltd ..............................................
24.65
24.49
Qinshui Shunshida Casting Co., Ltd ............................
Richang Qiaoshan Trade Co., Ltd ...............................
Hebei Metals & Engineering Products Trading Co.,
Ltd.
24.65
24.65
24.65
24.49
24.49
24.49
.......................................................................................
360.39
360.30
Disclosure
Commerce intends to disclose to
interested parties the calculations
performed in connection with this final
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of the notice
of final determination in the Federal
Register, in accordance with 19 CFR
351.224(b).
daltland on DSKBBV9HB2PROD with NOTICES
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will instruct
U.S. Customs and Border Protection
12 See Ball Bearings and Parts Thereof from
France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of Changed
Circumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (September 1, 2010).
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(CBP) to continue to suspend
liquidation of all entries of cast iron soil
pipe fittings from China, as described in
the ‘‘Scope of the Investigation’’ section,
exported by Xuanshi and Wor-Biz,
entered or withdrawn from warehouse,
for consumption on or after February 20,
2018, the date of publication of the
Preliminary Determination notice in the
Federal Register.
Furthermore, we continue to find that
critical circumstances exist pursuant to
section 735(c)(4)(A) of the Act with
respect to the China-wide entity.
Therefore, for this entity, we will
instruct CBP to continue to suspend
liquidation for all appropriate entries of
cast iron soil pipe fittings entered, or
withdrawn from warehouse, for
consumption on or after November 22,
2017, which is 90 days prior to the date
of publication of the Preliminary
Determination.
To determine the cash deposit rate,14
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
countervailing duty (CVD) proceeding
where appropriate. Accordingly,
because Commerce has made a final
affirmative determination for export
subsidies, we offset the calculated
13 See Cast Iron Soil Pipe Fittings from the
People’s Republic of China: Initiation of Less-ThanFair Value Investigation, 82 FR 37053, 37056
(August 8, 2017).
14 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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estimated weighted-average dumping
margins by the appropriate rates as
indicated in the above chart.15 We made
no adjustment for domestic subsidy
pass-through in this case because we
found no basis upon which to make
such an adjustment.16
In addition, pursuant to section
735(c)(1)(B)(ii) of the Act, Commerce
will instruct CBP to require a cash
deposit equal to the weighted-average
amount by which NV exceeds U.S. price
as follows: (1) The cash deposit rate for
the exporter/producer combination
listed in the table above will be the rate
identified for that combination in the
table; (2) for all combinations of
exporters/producers of merchandise
under consideration that have not
received their own separate rate above,
the cash-deposit rate will be the cash
deposit rate established for the Chinawide entity; and (3) for all non-Chinese
exporters of the merchandise under
consideration which have not received
their own separate rate above, the cash
deposit rate will be the cash deposit rate
applicable to the Chinese exporter/
producer combination that supplied that
non-Chinese exporter. These suspension
of liquidation instructions will remain
in effect until further notice.
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International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV.
As Commerce’s final determination is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will
determine, within 45 days, whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
cast iron soil pipe fittings from China,
or sales (or the likelihood of sales) for
importation, of cast iron soil pipe
fittings from China. If the ITC
determines that such injury does not
exist, this proceeding will be terminated
and all securities posted will be
refunded or canceled. If the ITC
determines that such injury does exist,
Commerce intends to issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Commerce, antidumping duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation.
15 See the Issues and Decision Memorandum for
further discussion.
16 Id.
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Notification Regarding Administrative
Protective Orders
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an APO of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
This determination is issued and
published pursuant to sections 735(d)
and 777(i) of the Act and 19 CFR
351.210(c).
Dated: July 5, 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 cast iron soil pipe fittings,
finished and unfinished, regardless of
industry or proprietary specifications, and
regardless of size. Cast iron soil pipe fittings
are nonmalleable iron castings of various
designs and sizes, including, but not limited
to, bends, tees, wyes, traps, drains, and other
common or special fittings, with or without
side inlets.
Cast iron soil pipe fittings are classified
into two major types—hubless and hub and
spigot. Hubless cast iron soil pipe fittings are
manufactured without a hub, generally in
compliance with Cast Iron Soil Pipe Institute
(CISPI) specification 301 and/or American
Society for Testing and Materials (ASTM)
specification A888. Hub and spigot pipe
fittings have hubs into which the spigot
(plain end) of the pipe or fitting is inserted.
Cast iron soil pipe fittings are generally
distinguished from other types of
nonmalleable cast iron fittings by the manner
in which they are connected to cast iron soil
pipe and other fittings.
The subject imports are normally classified
in subheading 7307.11.0045 of the
Harmonized Tariff Schedule of the United
States (HTSUS): Cast fittings of nonmalleable
cast iron for cast iron soil pipe. They may
also be entered under HTSUS 7324.29.0000
and 7307.92.3010. The HTSUS subheadings
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 Issues and
Decision Memorandum
I. Summary
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II. Background
III. Final Determination of Critical
Circumstances
IV. China-Wide Rate
V. Separate Rates
VI. Adjustments for Countervailable Export
Subsidies
VII. Changes Since the Preliminary
Determination
VIII. Discussion of the Issues
General Issues
Comment 1: What Rate to Assign as
Adverse Facts Available (AFA) to Sibo
and the China-Wide Entity
Comment 2: Surrogate Country Selection
Comment 3: Adjusting the Global Trade
Atlas (GTA) Import Data for Movement
Expenses
Comment 4: Treatment of Certain Inputs as
Materials or Overhead
Comment 5: Reintroduced Materials
Comment 6: Surrogate Value for Coated
Sand
Comment 7: Calculating the Margins on a
Consistent Basis
Comment 8: Calculation of Movement
Expenses
Comment 9: Non-Refundable Value Added
Tax (VAT)
Comment 10: Record-Keeping Deficiencies
Wor-Biz Issues
Comment 11: Surrogate Value for Asphalt
Paint
Comment 12: Surrogate Value for Paint
Thinner
Comment 13: Calculation of Freight
Revenue
Xuanshi Issues
Comment 14: Surrogate Value for Pig Iron
Comment 15: Surrogate Values for Iron
Ore, Coal, and Coke
Comment 16: Calculation of the Slag Iron
By-Product Offset
Comment 17: Calculation of the Packing
Material Consumption Rates
Comment 18: Surrogate Values for Inland
and Ocean Freight
IX. Recommendation
[FR Doc. 2018–14925 Filed 7–13–18; 11:15 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Economic
Expenditure Survey of Golden Crab
Fishermen in the U.S. South Atlantic
Region
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
SUMMARY:
E:\FR\FM\17JYN1.SGM
17JYN1
]]>Agencies
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Notices]
[Pages 33205-33208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14925]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-062]
Cast Iron Soil Pipe Fittings From the People's Republic of China:
Final Affirmative Determination of Sales at Less Than Fair Value and
Final Determination of Critical Circumstances, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that cast
iron soil pipe fittings from the People's Republic of China (China) are
being, or are likely to be, sold in the United States at less than fair
value (LTFV). The period of investigation is January 1, 2017, through
June 30, 2017.
DATES: Applicable July 17, 2018.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin or Denisa Ursu, 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) 482-6478 and (202)
482-2285 respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 20, 2018, Commerce published in the Federal Register
the Preliminary Determination in the LTFV investigation of cast iron
soil pipe fittings from China.\1\ The mandatory respondents in this
investigation are Shanxi Xuanshi Industrial Group Co. Ltd. (Xuanshi),
Wor-Biz International Trading Co., Ltd. (Anhui) (Wor-Biz), Sibo
International Limited (Sibo), and Kingway Pipe Co., Ltd. (Kingway).
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 non-business day, in accordance with
Commerce's practice, the deadline will become the next business day.
The revised deadline for the final determination of this investigation
is now July 5, 2018.\2\
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\1\ See Cast Iron Soil Pipe Fittings from the People's Republic
of China: Preliminary Affirmative Determination of Sales at Less
Than Fair Value, Preliminary Affirmative Determination of Critical
Circumstances, in Part, Postponement of Final Determination and
Extension of Provisional Measures, 83 FR 7145 (February 20, 2018)
(Preliminary Determination) and accompanying Preliminary Decision
Memorandum.
\2\ 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'' (Tolling Memorandum), dated January 23,
2018. All deadlines in this segment of the proceeding have been
extended by 3 days.
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[[Page 33206]]
A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by interested parties for this final determination may be found
in the Issues and Decision Memorandum issued concurrently with this
notice.\3\ The Issues and 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 Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed Issues and Decision
Memorandum and the electronic version are identical in content.
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\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Cast Iron Soil Pipe Fittings from the People's
Republic of China,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are cast iron soil pipe
fittings from China. For a full description of the scope of this
investigation, see the ``Scope of the Investigation'' in Appendix I of
this notice. For this final determination, Commerce has issued a scope
memorandum addressing interested parties' comments regarding scope
issues presented in the case briefs and in subsequent scope
comments.\4\ Commerce has determined to modify the scope of the
investigation to include two additional subheadings of the U.S.
Harmonized Tariff Schedule under which subject merchandise may enter.
Commerce has also provided a clarification in the Final Scope
Memorandum. For further discussion, see Commerce's Final Scope
Memorandum. The scope in Appendix I reflects the final scope language.
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\4\ See Memorandum, ``Countervailing Duty and Less-Than-Fair-
Value Investigations of Cast Iron Soil Pipe Fittings from the
People's Republic of China: Final Scope Memorandum'' (Final Scope
Memorandum), dated concurrently with, and hereby adopted by, this
notice.
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Analysis of Comments Received
The issues raised in the case and rebuttal briefs submitted by
parties in this investigation are addressed in the Issues and Decision
Memorandum. A list of the issues that parties raised, and to which we
responded in the Issues and Decision Memorandum is attached to this
notice at Appendix II.
Final Affirmative Determination of Critical Circumstances, in Part
In accordance with section 733(e)(1) of the Act and 19 CFR 351.206,
we preliminarily found that critical circumstances exist with respect
to imports of cast iron soil pipe fittings from the China-wide entity,
the non-selected separate rate respondents, and Sibo, but do not exist
with respect to Xuanshi and Wor-Biz.\5\ Commerce received no comments
regarding its preliminary critical circumstances findings. For the
final determination, we continue to find that, in accordance with
section 735(a)(3) of the Act and 19 CFR 351.206, critical circumstances
exist with respect to imports of the subject merchandise from the
China-wide entity. Based on updated shipment and import data, we find
that critical circumstances do not exist with respect to Xuanshi, Wor-
Biz, and the non-selected separate rate respondents.\6\ As discussed
below, we have determined that Sibo is no longer eligible for a
separate rate, and is now considered to be part of the China-wide
entity.
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\5\ See Preliminary Determination at 33-34.
\6\ See the Issues and Decision Memorandum for further details.
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China-Wide Entity and Use of Adverse Facts Available
After the Preliminary Determination and prior to verification, Sibo
notified Commerce that it was withdrawing from participation in this
investigation. By withdrawing from participation in this investigation,
Sibo prevented us from conducting verification of its questionnaire
responses, including its claim that it is a wholly foreign-owned
company. Therefore, we find that Sibo has failed to demonstrate its
eligibility for a separate rate, and is considered to be part of the
China-wide entity.\7\ For the reasons explained in the Preliminary
Determination, we continue to find that the use of adverse facts
available (AFA), pursuant to sections 776(a) and (b) of the Act, is
warranted in determining the rate for the China-wide entity, which
includes Sibo, Kingway, and other uncooperative respondents.
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\7\ Id.
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China-Wide Rate
In selecting the AFA rate for the China-wide entity, Commerce's
practice is to select a rate that is sufficiently adverse to ensure
that the uncooperative party does not obtain a more favorable result by
failing to cooperate than if it had fully cooperated.\8\ Specifically,
it is Commerce's practice to select, as an AFA rate, the higher of: (a)
The highest dumping margin alleged in the petition; or, (b) the highest
calculated dumping margin of any respondent in the investigation.\9\
For the final determination and for the reasons explained in the Issues
and Decision Memorandum, we are relying on the highest non-aberrational
control-number-specific dumping margin calculated for Sibo in the
Preliminary Determination to determine the rate for the China-wide
entity.\10\
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\8\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination:
Purified Carboxymethyl cellulose from Finland, 69 FR 77216 (December
27, 2004), unchanged in Notice of Final Determination of Sales at
Less Than Fair Value: Purified Carboxymethyl cellulose from Finland,
70 FR 28279 (May 17, 2005).
\9\ See, e.g., Certain Stilbenic Optical Brightening Agents from
the People's Republic of China: Final Determination of Sales at Less
Than Fair Value, 77 FR 17436, 17438 (March 26, 2012); Final
Determination of Sales at Less Than Fair Value: Certain Cold-Rolled
Flat-Rolled Carbon Quality Steel Products from the People's Republic
of China, 65 FR 34660 (May 31, 2000), and accompanying IDM.
\10\ See Issues and Decision Memorandum at Comment 1 for a full
discussion of this issue.
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Separate Rates
For the final determination, we continue to find that Xuanshi and
Wor-Biz are eligible to separate rates, as noted below. Section
735(c)(5)(A) of the Act provides that the estimated ``all-others'' rate
shall be an amount equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding zero or de minimis
margins, and any margins determined entirely under section 776 of Act.
Consistent with our practice, we calculated a dumping margin for the
companies determined to be eligible for separate rates, but which were
not individually examined, based on the final dumping margins
calculated for Xuanshi and Wor-Biz.\11\ With two respondents, we would
normally calculate (A) a weighted-average of the dumping margins
calculated for the
[[Page 33207]]
mandatory respondents; (B) a simple average of the dumping margins
calculated for the mandatory respondents; and (C) a weighted-average of
the dumping margins calculated for the mandatory respondents using each
company's publicly-ranged values for the merchandise under
consideration. We would compare (B) and (C) to (A) and select the rate
closest to (A) as the most appropriate rate for the separate rate
companies.\12\ In this case, as complete publicly-ranged sales data was
unavailable, we based the separate rate on a simple average of the two
calculated margins.
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\11\ See Memorandum, ``Cast Iron Soil Pipe Fittings from the
People's Republic of China: Calculation of the Final Margin for
Separate Rate Companies,'' dated concurrently with this notice.
\12\ See Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
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Combination Rates
In the Initiation Notice,\13\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Accordingly, we
have assigned combination rates to certain companies as provided in the
``Final Determination'' section below.
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\13\ See Cast Iron Soil Pipe Fittings from the People's Republic
of China: Initiation of Less-Than-Fair Value Investigation, 82 FR
37053, 37056 (August 8, 2017).
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Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
interested parties and our findings at verification, we made certain
changes to the calculation of the antidumping duty margin applicable to
Xuanshi and Wor-Biz. For a discussion of these changes, see the Issues
and Decision Memorandum.
Final Determination
Commerce determines that cast iron soil pipe fittings from China
are being, or are likely to be, sold in the United States at LTFV, and
that the following dumping margins exist:
----------------------------------------------------------------------------------------------------------------
Estimated Cash deposit
weighted- rate (adjusted
Producer Exporter average for subsidy
dumping margin offsets)
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Shanxi Xuanshi Industrial Group Co., Ltd...... Shanxi Xuanshi Industrial Group 27.18 27.09
Co., Ltd.
Guang Zhou Premier & Pinan Foundry Co., Ltd/ Wor-Biz Trading Co., Ltd (Anhui) 22.11 21.88
Botou Chenyuan Foundry Co., Ltd/Wuhu Best
Machines Co., Ltd.
Shijiazhuang Asia Casting Co., Ltd............ Shijiazhuang Asia Casting Co., 24.65 24.49
Ltd.
Qinshui Shunshida Casting Co., Ltd/Xinle Xinye Shanxi Zhongrui Tianyue Trading 24.65 24.49
Metal Products Co., Ltd. Co., Ltd.
Qinshui Shunshida Casting Co., Ltd/Xinle Dalian Lino F.T.Z. Co., Ltd..... 24.65 24.49
Rishuo Casting Factory/Shijiazhuang
Shunjinguangao Trade Co., Ltd/Xinle Tang Rong
Fa Lan Pan Co., Ltd.
Xinle City Zhile Pipeline Industry Co., Ltd/ Dinggin Hardware (Dalian) Co., 24.65 24.49
Qinshui Shunshida Casting Co., Ltd/Foshan Ltd.
City Deying Metal Products Co., Ltd.
Xinle Rishuo Casting Factory/Qinshui Shunshida Dalian Metal I/E Co., Ltd....... 24.65 24.49
Casting Co., Ltd.
Qinshui County Xinwei Precision Co., Ltd...... Qinshui Shunshida Casting Co., 24.65 24.49
Ltd.
Shanxi Guruiwei Casting Co., Ltd.............. Richang Qiaoshan Trade Co., Ltd. 24.65 24.49
Shijiazhuang Jingruisheng Metal Products Co., Hebei Metals & Engineering 24.65 24.49
Ltd/Qinshui Shunshida Casting Co., Ltd/Xinle Products Trading Co., Ltd.
City Zhile Pipe Co., Ltd.
China-Wide Entity............................. ................................ 360.39 360.30
----------------------------------------------------------------------------------------------------------------
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this final determination within five days
of any public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of final
determination in the Federal Register, in accordance with 19 CFR
351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of cast iron soil pipe fittings from
China, as described in the ``Scope of the Investigation'' section,
exported by Xuanshi and Wor-Biz, entered or withdrawn from warehouse,
for consumption on or after February 20, 2018, the date of publication
of the Preliminary Determination notice in the Federal Register.
Furthermore, we continue to find that critical circumstances exist
pursuant to section 735(c)(4)(A) of the Act with respect to the China-
wide entity. Therefore, for this entity, we will instruct CBP to
continue to suspend liquidation for all appropriate entries of cast
iron soil pipe fittings entered, or withdrawn from warehouse, for
consumption on or after November 22, 2017, which is 90 days prior to
the date of publication of the Preliminary Determination.
To determine the cash deposit rate,\14\ Commerce normally adjusts
the estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding where appropriate. Accordingly,
because Commerce has made a final affirmative determination for export
subsidies, we offset the calculated
[[Page 33208]]
estimated weighted-average dumping margins by the appropriate rates as
indicated in the above chart.\15\ We made no adjustment for domestic
subsidy pass-through in this case because we found no basis upon which
to make such an adjustment.\16\
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\14\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
\15\ See the Issues and Decision Memorandum for further
discussion.
\16\ Id.
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In addition, pursuant to section 735(c)(1)(B)(ii) of the Act,
Commerce will instruct CBP to require a cash deposit equal to the
weighted-average amount by which NV exceeds U.S. price as follows: (1)
The cash deposit rate for the exporter/producer combination listed in
the table above will be the rate identified for that combination in the
table; (2) for all combinations of exporters/producers of merchandise
under consideration that have not received their own separate rate
above, the cash-deposit rate will be the cash deposit rate established
for the China-wide entity; and (3) for all non-Chinese exporters of the
merchandise under consideration which have not received their own
separate rate above, the cash deposit rate will be the cash deposit
rate applicable to the Chinese exporter/producer combination that
supplied that non-Chinese exporter. These suspension of liquidation
instructions will remain in effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV.
As Commerce's final determination is affirmative, in accordance
with section 735(b)(2) of the Act, the ITC will determine, within 45
days, whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports of
cast iron soil pipe fittings from China, or sales (or the likelihood of
sales) for importation, of cast iron soil pipe fittings from China. If
the ITC determines that such injury does not exist, this proceeding
will be terminated and all securities posted will be refunded or
canceled. If the ITC determines that such injury does exist, Commerce
intends to issue an antidumping duty order directing CBP to assess,
upon further instruction by Commerce, antidumping duties on all imports
of the subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
This determination is issued and published pursuant to sections
735(d) and 777(i) of the Act and 19 CFR 351.210(c).
Dated: July 5, 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 cast iron soil
pipe fittings, finished and unfinished, regardless of industry or
proprietary specifications, and regardless of size. Cast iron soil
pipe fittings are nonmalleable iron castings of various designs and
sizes, including, but not limited to, bends, tees, wyes, traps,
drains, and other common or special fittings, with or without side
inlets.
Cast iron soil pipe fittings are classified into two major
types--hubless and hub and spigot. Hubless cast iron soil pipe
fittings are manufactured without a hub, generally in compliance
with Cast Iron Soil Pipe Institute (CISPI) specification 301 and/or
American Society for Testing and Materials (ASTM) specification
A888. Hub and spigot pipe fittings have hubs into which the spigot
(plain end) of the pipe or fitting is inserted. Cast iron soil pipe
fittings are generally distinguished from other types of
nonmalleable cast iron fittings by the manner in which they are
connected to cast iron soil pipe and other fittings.
The subject imports are normally classified in subheading
7307.11.0045 of the Harmonized Tariff Schedule of the United States
(HTSUS): Cast fittings of nonmalleable cast iron for cast iron soil
pipe. They may also be entered under HTSUS 7324.29.0000 and
7307.92.3010. The HTSUS subheadings 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 Issues and Decision Memorandum
I. Summary
II. Background
III. Final Determination of Critical Circumstances
IV. China-Wide Rate
V. Separate Rates
VI. Adjustments for Countervailable Export Subsidies
VII. Changes Since the Preliminary Determination
VIII. Discussion of the Issues
General Issues
Comment 1: What Rate to Assign as Adverse Facts Available (AFA)
to Sibo and the China-Wide Entity
Comment 2: Surrogate Country Selection
Comment 3: Adjusting the Global Trade Atlas (GTA) Import Data
for Movement Expenses
Comment 4: Treatment of Certain Inputs as Materials or Overhead
Comment 5: Reintroduced Materials
Comment 6: Surrogate Value for Coated Sand
Comment 7: Calculating the Margins on a Consistent Basis
Comment 8: Calculation of Movement Expenses
Comment 9: Non-Refundable Value Added Tax (VAT)
Comment 10: Record-Keeping Deficiencies
Wor-Biz Issues
Comment 11: Surrogate Value for Asphalt Paint
Comment 12: Surrogate Value for Paint Thinner
Comment 13: Calculation of Freight Revenue
Xuanshi Issues
Comment 14: Surrogate Value for Pig Iron
Comment 15: Surrogate Values for Iron Ore, Coal, and Coke
Comment 16: Calculation of the Slag Iron By-Product Offset
Comment 17: Calculation of the Packing Material Consumption
Rates
Comment 18: Surrogate Values for Inland and Ocean Freight
IX. Recommendation
[FR Doc. 2018-14925 Filed 7-13-18; 11:15 am]
BILLING CODE 3510-DS-P
