Stainless Steel Butt-Weld Pipe Fittings From the Philippines: Initiation of Antidumping Duty Changed Circumstances Review, 40227-40228 [2018-17411]

Download as PDF Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices extending the provisional measures period from a four-month period to a period of not more than six months. DATES: Applicable August 14, 2018. FOR FURTHER INFORMATION CONTACT: Nancy Decker, Lauren Caserta, or Caitlin Monks, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0196, (202) 482–4737, or (202) 482–2670, respectively. SUPPLEMENTARY INFORMATION: Background On January 23, 2018, Commerce initiated the LTFV investigation of imports of certain plastic decorative ribbon from China.1 The period of investigation is April 1, 2017, through September 31, 2017. On August 8, 2018, Commerce published its Preliminary Determination in the LTFV investigation.2 amozie on DSK3GDR082PROD with NOTICES1 Postponement of Final Determination Section 735(a)(2) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(b)(2) provide that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by the exporters or producers who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioners. Further, 19 CFR 351.210(e)(2) requires that such postponement requests by exporters be accompanied by a request for extension of provisional measures from a fourmonth period to a period of not more than six months, in accordance with section 733(d) of the Act. On July 19, 2018, Dongguan Mei Song Plastic Industry Co., Ltd. (Mei Song) and Ningbo Junlong Craft Gift Co., Ltd. (Junlong), two mandatory respondents that account for a ‘‘significant portion’’ of subject merchandise in the LTFV investigation, requested that Commerce fully extend the deadline for the final determination and extend the 1 See Certain Plastic Decorative Ribbon from the People’s Republic of China: Initiation of Less-ThanFair-Value Investigation, 83 FR 3126 (January 23, 2018) (Initiation Notice). 2 See Certain Plastic Decorative Ribbon From the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value, 83 FR 39058 (August 8, 2018) (Preliminary Determination). VerDate Sep<11>2014 19:13 Aug 13, 2018 Jkt 244001 application of the provisional measures from a four-month period to a period of not more than six months.3 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination was affirmative; (2) the request was made by exporters who account for a significant proportion of exports of the subject merchandise from the country at issue; and (3) no compelling reasons for denial exist, Commerce is postponing the final determination of the investigation until no later than 135 days after the date of the publication of the relevant preliminary determination, and extending the provisional measures from a four-month period to a period of not more than six months. Accordingly, Commerce will issue its final determination in the LTFV investigation no later than December 21, 2018.4 This notice is issued and published pursuant to 19 CFR 351.210(g). Dated: August 8, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2018–17413 Filed 8–13–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–565–801] Stainless Steel Butt-Weld Pipe Fittings From the Philippines: Initiation of Antidumping Duty Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from Core Pipe Products, Inc., Shaw Alloy Piping Products, Inc., and Taylor Forge Stainless, Inc. (the petitioners), the Department of Commerce (Commerce) is initiating a changed circumstances review of the antidumping duty order AGENCY: 3 See Letter from Mei Song and Junlong, ‘‘Certain Plastic Decorative Ribbon from the People’s Republic of China—Request for Extension of Final Determination,’’ dated July 19, 2018. 4 The final determination of the accompanying countervailing duty (CVD) investigation has been previously aligned with the LTFV investigation. Thus, the deadline for issuing the final determination of the CVD investigation is also December 21, 2018. See Certain Plastic Decorative Ribbon From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 83 FR 29096 (June 22, 2018). PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 40227 on stainless steel butt-weld pipe fittings (pipe fittings) from the Philippines. DATES: Applicable August 14, 2018. FOR FURTHER INFORMATION CONTACT: Julie Geiger or Fred Baker, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2057 or (202) 482–2924, respectively. SUPPLEMENTARY INFORMATION: Background As a result of the antidumping duty order 1 issued following the completion of the less-than-fair-value (LTFV) investigation of pipe fittings from the Philippines, imports of pipe fittings from respondent Enlin Steel Corporation (Enlin) became subject to a cash deposit rate of 33.81 percent.2 The ‘‘all others’’ rate established in the LTFV investigation was 7.59 percent.3 On May 24, 2018, the petitioners requested that Commerce initiate a changed circumstances review of the Order, alleging that since imposition of the Order, Enlin has been evading the cash deposit rates established in the investigation by shipping its production through its affiliates Vinox Corporation (Vinox) (or Vinoc Corporation) and E N Corporation, which enter merchandise under the lower ‘‘all others’’ rate.4 The petitioners also filed a supplement to their request on May 31, 2018, which provided further support for their allegation.5 On June 26, 2018, Enlin, Vinox, and E N Corporation filed comments requesting that Commerce deny the petitioners’ request.6 The petitioners filed a rebuttal to these comments on June 26, 2018, requesting that Commerce disregard Enlin’s opposition letter.7 On July 5, 2018, 1 See Antidumping Duty Orders: Stainless Steel Butt-Weld Pipe Fittings from Italy, Malaysia, and the Philippines, 66 FR 11257 (February 23, 2001) (the Order). 2 Id.; see also Stainless Steel Butt-Weld Pipe Fittings from the Philippines Amended Final Determination of Sales at Less Than Fair Value Pursuant to Court Remand, 70 FR 30086 (May 25, 2005) (Amended Order). 3 See the Order and Amended Order. 4 See Petitioners’ Letter, ‘‘Stainless Steel ButtWeld Pipe Fittings from the Philippines— Petitioners’ Request for Initiation of Changed Circumstances Review A–565–801,’’ dated May 24, 2018 (Petitioners’ Request). 5 See Petitioners’ Letter, ‘‘Stainless Steel ButtWeld Pipe Fittings from the Philippines— Petitioners’ Supplement to Changed Circumstances Review Request,’’ dated May 31, 2018 (Petitioners’ Supplement). 6 See Enlin’s Letter, dated June 26, 2018. 7 See Petitioners’ Letter, ‘‘Antidumping Duty Order on Stainless Steel Butt-Weld Pipe Fittings E:\FR\FM\14AUN1.SGM Continued 14AUN1 40228 Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices Commerce issued a 30-day extension for its decision on whether or not to initiate a changed circumstances review, citing the complexities of the request.8 Scope of the Order The products covered by the order are certain stainless steel butt-weld pipe fittings that are under 14 inches in outside diameter (based on nominal pipe size), whether finished or unfinished. For a full description of the scope of the order, see the Appendix to this notice. Initiation of Changed Circumstances Review amozie on DSK3GDR082PROD with NOTICES1 Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), Commerce will conduct a changed circumstances review upon receipt of information concerning, or a request from an interested party of, an antidumping duty order which shows changed circumstances sufficient to warrant a review of the order. In its request for initiation, the petitioners provided information indicating that since the issuance of the Order, there has been a change in the trading patterns and activities of Enlin, Vinox, and E N Corporation. The petitioners assert that the information provided demonstrates that the Order is being evaded. In accordance with 19 CFR 351.216(d), based on the information provided by the petitioners regarding new trading patterns and possible evasion of the Order, Commerce finds that changed circumstances sufficient to warrant the initiation of a changed circumstances review exist. Therefore, we are initiating a changed circumstances administrative review, pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(b) and (d) to determine whether action is necessary to maintain the integrity of the Order. Commerce intends to publish in the Federal Register a notice of preliminary results of the antidumping duty changed circumstances review, in accordance with 19 CFR 351.221(b)(4) and 351.221(c)(3)(i), which will set forth Commerce’s preliminary factual and legal conclusions. Commerce will issue its final results of review in accordance with the time limits set forth in 19 CFR 351.216(e). from the Philippines—Petitioners’ Rebuttal to Respondents’ Opposition to Changed Circumstances Review Request,’’ dated June 26, 2018. 8 See Commerce’s Letter, ‘‘Stainless Steel ButtWeld Pipe Fittings from the Philippines: Extension of Time for Changed Circumstances Review Initiation Decision,’’ dated July 5, 2018. VerDate Sep<11>2014 19:13 Aug 13, 2018 Jkt 244001 We are issuing this notice in accordance with sections 751(b)(1) and 777(i)(l) of the Act and 19 CFR 351.216. Dated: August 6, 2018. James Maeder Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix Scope of the Order The products covered by the order are certain stainless steel butt-weld pipe fittings. Certain stainless steel butt-weld pipe fittings are under 14 inches in outside diameter (based on nominal pipe size), whether finished or unfinished. The products encompass all grades of stainless steel and ‘‘commodity’’ and ‘‘specialty’’ fittings. Specifically excluded from the definition are threaded, grooved, and bolted fittings, and fittings made from any material other than stainless steel. The fittings subject to the order are generally designated under specification ASTM A403/A403M, the standard specification for Wrought Austenitic Stainless Steel Piping Fittings, or its foreign equivalents (e.g., DIN or JIS specifications). This specification covers two general classes of fittings, WP and CR, of wrought austenitic stainless steel fittings of seamless and welded construction covered by the latest revision of ANSI B16.9, ANSI B16.11, and ANSI B16.28. Pipe fittings manufactured to specification ASTM A774, or its foreign equivalents, are also covered by the order. The order does not apply to cast fittings. Cast austenitic stainless steel pipe fittings are covered by specifications A351/A351M, A743/743M, and A744/A744M. The stainless steel butt-weld pipe fittings subject to the order are currently classifiable under subheading 7307.23.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. [FR Doc. 2018–17411 Filed 8–13–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–489–825] Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review; 2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is conducting an AGENCY: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 administrative review of the countervailing duty (CVD) order on heavy walled rectangular welded carbon steel pipes and tubes (HWR pipes and tubes) from the Republic of Turkey (Turkey) for the period of review December 28, 2015, through April 25, 2016, and September 12, 2016, through December 31, 2016. Commerce preliminarily determines that countervailable subsidies are being provided to Ozdemir Boru Profil San. Ve Tic. Ltd. Sti. (Ozdemir), the sole producer/exporter of HWR pipes and tubes from Turkey subject to this review. DATES: Applicable August 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 On November 13, 2017, Commerce published a notice of initiation of an administrative review of the CVD order on HWR pipes and tubes from Turkey.1 On June 1, 2018, Commerce extended the deadline for the preliminary results to August 6, 2018.2 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as an Appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 52268 (November 13, 2017). 2 See Memorandum, ‘‘Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Turkey: Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review; 2015–2016,’’ dated June 1, 2018; see also 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’’ (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results: Administrative Review of the Countervailing Duty Order on Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Turkey,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\14AUN1.SGM 14AUN1

Agencies

[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Notices]
[Pages 40227-40228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17411]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-565-801]


Stainless Steel Butt-Weld Pipe Fittings From the Philippines: 
Initiation of Antidumping Duty Changed Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to a request from Core Pipe Products, Inc., Shaw 
Alloy Piping Products, Inc., and Taylor Forge Stainless, Inc. (the 
petitioners), the Department of Commerce (Commerce) is initiating a 
changed circumstances review of the antidumping duty order on stainless 
steel butt-weld pipe fittings (pipe fittings) from the Philippines.

DATES: Applicable August 14, 2018.

FOR FURTHER INFORMATION CONTACT: Julie Geiger or Fred Baker, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2057 or (202) 482-2924, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    As a result of the antidumping duty order \1\ issued following the 
completion of the less-than-fair-value (LTFV) investigation of pipe 
fittings from the Philippines, imports of pipe fittings from respondent 
Enlin Steel Corporation (Enlin) became subject to a cash deposit rate 
of 33.81 percent.\2\ The ``all others'' rate established in the LTFV 
investigation was 7.59 percent.\3\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Orders: Stainless Steel Butt-Weld Pipe 
Fittings from Italy, Malaysia, and the Philippines, 66 FR 11257 
(February 23, 2001) (the Order).
    \2\ Id.; see also Stainless Steel Butt-Weld Pipe Fittings from 
the Philippines Amended Final Determination of Sales at Less Than 
Fair Value Pursuant to Court Remand, 70 FR 30086 (May 25, 2005) 
(Amended Order).
    \3\ See the Order and Amended Order.
---------------------------------------------------------------------------

    On May 24, 2018, the petitioners requested that Commerce initiate a 
changed circumstances review of the Order, alleging that since 
imposition of the Order, Enlin has been evading the cash deposit rates 
established in the investigation by shipping its production through its 
affiliates Vinox Corporation (Vinox) (or Vinoc Corporation) and E N 
Corporation, which enter merchandise under the lower ``all others'' 
rate.\4\ The petitioners also filed a supplement to their request on 
May 31, 2018, which provided further support for their allegation.\5\ 
On June 26, 2018, Enlin, Vinox, and E N Corporation filed comments 
requesting that Commerce deny the petitioners' request.\6\ The 
petitioners filed a rebuttal to these comments on June 26, 2018, 
requesting that Commerce disregard Enlin's opposition letter.\7\ On 
July 5, 2018,

[[Page 40228]]

Commerce issued a 30-day extension for its decision on whether or not 
to initiate a changed circumstances review, citing the complexities of 
the request.\8\
---------------------------------------------------------------------------

    \4\ See Petitioners' Letter, ``Stainless Steel Butt-Weld Pipe 
Fittings from the Philippines--Petitioners' Request for Initiation 
of Changed Circumstances Review A-565-801,'' dated May 24, 2018 
(Petitioners' Request).
    \5\ See Petitioners' Letter, ``Stainless Steel Butt-Weld Pipe 
Fittings from the Philippines--Petitioners' Supplement to Changed 
Circumstances Review Request,'' dated May 31, 2018 (Petitioners' 
Supplement).
    \6\ See Enlin's Letter, dated June 26, 2018.
    \7\ See Petitioners' Letter, ``Antidumping Duty Order on 
Stainless Steel Butt-Weld Pipe Fittings from the Philippines--
Petitioners' Rebuttal to Respondents' Opposition to Changed 
Circumstances Review Request,'' dated June 26, 2018.
    \8\ See Commerce's Letter, ``Stainless Steel Butt-Weld Pipe 
Fittings from the Philippines: Extension of Time for Changed 
Circumstances Review Initiation Decision,'' dated July 5, 2018.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order are certain stainless steel butt-
weld pipe fittings that are under 14 inches in outside diameter (based 
on nominal pipe size), whether finished or unfinished. For a full 
description of the scope of the order, see the Appendix to this notice.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), Commerce will conduct a changed circumstances review upon 
receipt of information concerning, or a request from an interested 
party of, an antidumping duty order which shows changed circumstances 
sufficient to warrant a review of the order. In its request for 
initiation, the petitioners provided information indicating that since 
the issuance of the Order, there has been a change in the trading 
patterns and activities of Enlin, Vinox, and E N Corporation. The 
petitioners assert that the information provided demonstrates that the 
Order is being evaded. In accordance with 19 CFR 351.216(d), based on 
the information provided by the petitioners regarding new trading 
patterns and possible evasion of the Order, Commerce finds that changed 
circumstances sufficient to warrant the initiation of a changed 
circumstances review exist. Therefore, we are initiating a changed 
circumstances administrative review, pursuant to section 751(b)(1) of 
the Act and 19 CFR 351.216(b) and (d) to determine whether action is 
necessary to maintain the integrity of the Order. Commerce intends to 
publish in the Federal Register a notice of preliminary results of the 
antidumping duty changed circumstances review, in accordance with 19 
CFR 351.221(b)(4) and 351.221(c)(3)(i), which will set forth Commerce's 
preliminary factual and legal conclusions. Commerce will issue its 
final results of review in accordance with the time limits set forth in 
19 CFR 351.216(e).
    We are issuing this notice in accordance with sections 751(b)(1) 
and 777(i)(l) of the Act and 19 CFR 351.216.

    Dated: August 6, 2018.
James Maeder
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.

Appendix

Scope of the Order

    The products covered by the order are certain stainless steel 
butt-weld pipe fittings. Certain stainless steel butt-weld pipe 
fittings are under 14 inches in outside diameter (based on nominal 
pipe size), whether finished or unfinished. The products encompass 
all grades of stainless steel and ``commodity'' and ``specialty'' 
fittings. Specifically excluded from the definition are threaded, 
grooved, and bolted fittings, and fittings made from any material 
other than stainless steel.
    The fittings subject to the order are generally designated under 
specification ASTM A403/A403M, the standard specification for 
Wrought Austenitic Stainless Steel Piping Fittings, or its foreign 
equivalents (e.g., DIN or JIS specifications). This specification 
covers two general classes of fittings, WP and CR, of wrought 
austenitic stainless steel fittings of seamless and welded 
construction covered by the latest revision of ANSI B16.9, ANSI 
B16.11, and ANSI B16.28. Pipe fittings manufactured to specification 
ASTM A774, or its foreign equivalents, are also covered by the 
order.
    The order does not apply to cast fittings. Cast austenitic 
stainless steel pipe fittings are covered by specifications A351/
A351M, A743/743M, and A744/A744M.
    The stainless steel butt-weld pipe fittings subject to the order 
are currently classifiable under subheading 7307.23.0000 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this order is 
dispositive.
[FR Doc. 2018-17411 Filed 8-13-18; 8:45 am]
 BILLING CODE 3510-DS-P

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