Cast Iron Soil Pipe Fittings From the People's Republic of China: Countervailing Duty Order, 44566-44567 [2018-19095]

Download as PDF 44566 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Notices Dated: August 27, 2018. Andrew McGilvray, Executive Secretary. amended (5 U.S.C. app. 2 § (10)(d)), that the portion of the meeting dealing with pre-decisional changes to the Commerce Control List and U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information, call Yvette Springer at (202) 482–2813. [FR Doc. 2018–18967 Filed 8–30–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Transportation and Related Equipment Technical Advisory Committee; Notice of Partially Closed Meeting The Transportation and Related Equipment Technical Advisory Committee will meet on September 26, 2018, 9:30 a.m., in the Herbert C. Hoover Building, Room 3884, 14th Street between Constitution & Pennsylvania Avenues NW, Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration with respect to technical questions that affect the level of export controls applicable to transportation and related equipment or technology. Agenda daltland on DSKBBV9HB2PROD with NOTICES Public Session 1. Welcome and Introductions. 2. Status reports by working group chairs. 3. Public comments and Proposals. Closed Session 4. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yvette.Springer@ bis.doc.gov no later than September 19, 2018. A limited number of seats will be available during the public session of the meeting. Reservations are not accepted. To the extent time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of public presentation materials to Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via email. The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on August 24, 2018, pursuant to Section 10(d) of the Federal Advisory Committee Act, as VerDate Sep<11>2014 18:42 Aug 30, 2018 Jkt 244001 Yvette Springer, Committee Liaison Officer. [FR Doc. 2018–18939 Filed 8–30–18; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [C–570–063] Cast Iron Soil Pipe Fittings From the People’s Republic of China: Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing a countervailing duty order on cast iron soil pipe fittings (soil pipe fittings) from the People’s Republic of China (China). DATES: Applicable August 31, 2018. FOR FURTHER INFORMATION CONTACT: Dennis McClure or Jinny Ahn, 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) 482–5973 or (202) 482–0339, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On July 11, 2018, Commerce published its final determination in the countervailing duty investigation of soil pipe fittings from China.1 On August 22, 2018, the ITC notified Commerce of its final determination, pursuant to section 705(d) of the Act, that an industry in the United States is materially injured within the meaning of section 705(b)(1)(A)(i) of the Act, by reason of subsidized imports of soil pipe fittings from China.2 1 See Cast Iron Soil Pipe Fittings from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 83 FR 32075 (July 11, 2018) (Final Determination). 2 See ITC Notification Letter to the Deputy Assistant Secretary for Enforcement and PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 Scope of the Order The merchandise covered by the scope of this order 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 (other than drain bodies), 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. Excluded from this scope are all drain bodies. Drain bodies are normally classified in subheading 7326.90.86.88 of the Harmonized Tariff Schedule of the United States (HTSUS). The cast iron soil pipe fittings subject to the scope of this order are normally classified in subheading 7307.11.0045 of the 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 order is dispositive. Countervailing Duty Order On August 22, 2018, in accordance with section 705(d) of the Act, the ITC notified Commerce of its final determination in this investigation, in which it found that imports of cast iron soil pipe fittings are materially injuring a U.S. industry. Therefore, in accordance with section 705(c)(2) of the Act, we are publishing this countervailing duty order. In its determination, the ITC found two domestic like products covered by the scope of the investigation: Drain bodies and all other soil pipe fittings. The ITC made a negative determination with respect to drain bodies and an Compliance, referencing ITC Investigation Nos. 701–TA–583 and 731–TA–1381, dated August 22, 2018. E:\FR\FM\31AUN1.SGM 31AUN1 Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 / Notices affirmative determination with respect to all other soil pipe fittings. Because the ITC made different injury determinations for separate domestic like products, Commerce will instruct U.S. Customs and Border Protection (CBP) to assess countervailing duties on entries of all cast iron soil pipe fittings (subject merchandise) other than drain bodies (excluded merchandise). Drain Bodies The ITC found that drain bodies are a separate domestic like product. The Final ITC Report describes typical drain bodies as having only one side that connects to a pipe or fitting.3 Further, drain bodies are not classified as either hubless or hub and spigot.4 Drain bodies may be painted in a different manner than other cast iron soil pipe fittings, which are coated in asphaltic material, black paint, or epoxy.5 Drain bodies often require assembly with attachments (cast iron and non-cast iron) such as stainless steel strainers, grates, and bolts to be a drain fixture ready for use.6 In addition, the purpose of a drain body is to collect and carry away liquid or water, including wastewater, while the purpose of other cast iron soil pipe fittings is to connect pipe and fittings.7 Because the ITC made a negative determination of material injury with respect to drain bodies, Commerce will direct CBP to terminate the suspension of liquidation for entries of drain bodies from China entered, or withdrawn from warehouse, and refund any cash deposits with respect to these entries. daltland on DSKBBV9HB2PROD with NOTICES All Soil Pipe Fittings Other Than Drain Bodies Because the ITC determined that imports of all cast iron soil pipe fittings other than drain bodies from China are materially injuring a U.S. industry, all unliquidated entries of subject merchandise from China, entered or withdrawn from warehouse, are subject to the assessment of countervailing duties. As a result of the ITC’s final determination, in accordance with section 706(a) of the Act, Commerce will direct CBP to assess, upon further instruction by Commerce, countervailing duties on unliquidated entries of subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after 3 See Cast Iron Soil Pipe Fittings from China, Investigation Nos. 701–TA–583 and 731–TA–1381 (Final), Publication 4812, August 2018 (Final ITC Report) at I–14 and I–15. 4 Id. at I–15. 5 Id. 6 Id. 7 Id. VerDate Sep<11>2014 18:42 Aug 30, 2018 Jkt 244001 44567 December 19, 2017, the date on which Commerce published its preliminary countervailing duty determination in the Federal Register,8 and before April 18, 2018, the effective date on which Commerce instructed CBP to discontinue the suspension of liquidation in accordance with section 703(d) of the Act. Section 703(d) of the Act states that the suspension of liquidation pursuant to a preliminary determination may not remain in effect for more than four months. Therefore, entries of subject merchandise from China made on or after April 18, 2018, and prior to the date of publication of the ITC’s final determination in the Federal Register are not liable for the assessment of countervailing duties due to Commerce’s discontinuation of the suspension of liquidation. Notifications to Interested Parties Suspension of Liquidation BILLING CODE 3510–DS–P In accordance with section 706 of the Act, Commerce will direct CBP to reinstitute the suspension of liquidation of subject merchandise (i.e., all soil pipe fittings other than drain bodies) from China, effective the date of publication of the ITC’s notice of final determination in the Federal Register, and to assess, upon further instruction by Commerce pursuant to section 706(a)(1) of the Act, countervailing duties for each entry of the subject merchandise in an amount based on the net countervailable subsidy rates for the subject merchandise. On or after the date of publication of the ITC’s final injury determination in the Federal Register, we will instruct CBP to require, at the same time as importers would normally deposit estimated duties on this merchandise, cash deposits for each entry of subject merchandise equal to the rates noted below. These instructions suspending liquidation will remain in effect until further notice. The all others rate applies to all producers or exporters not specifically listed, as appropriate. Subsidy rate (percent) Company Shanxi Xuanshi Industrial Group Co., Ltd ................................... Wor-Biz International Trading Co., Ltd. (Anhui) ...................... Shijiazhuang Chengmei Import & Export Co., Ltd ........................ All-Others .................................... 34.87 Frm 00006 Fmt 4703 Sfmt 4703 Dated: August 28, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018–19095 Filed 8–30–18; 8:45 am] DEPARTMENT OF COMMERCE International Trade Administration [A–570–079] Cast Iron Soil Pipe From the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Postponement of Final Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that cast iron soil pipe from the People’s Republic of China (China) was sold to the United States at less than fair value (LTFV) during the period of investigation (POI), July 1, 2017, through December 31, 2017. DATES: Applicable August 31, 2018. FOR FURTHER INFORMATION CONTACT: Javier Barrientos, 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) 482–2243. SUPPLEMENTARY INFORMATION: AGENCY: Background This preliminary determination is made in accordance with section 733(b) 133.94 of the Tariff Act of 1930, as amended 23.28 (the Act). Commerce published the notice of initiation of this investigation on February 23, 2018.1 On June 22, 7.37 8 See Cast Iron Soil Pipe Fittings from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Duty Determination, 82 FR 60178 (December 19, 2017) (Preliminary Determination). PO 00000 This notice constitutes the countervailing duty order with respect to soil pipe fittings from China pursuant to section 706(a) of the Act. Interested parties may visit https://enforcement. trade.gov/stats/iastats1.html or contact Commerce’s Central Records Unit, Room B8024 of the main Commerce Building, for copies of an updated list of countervailing duty orders currently in effect. This order is issued and published in accordance with section 706(a) of the Act and 19 CFR 351.211(b). 1 See Cast Iron Soil Pipe from the People’s Republic of China: Initiation of Less-Than-Fair Value Investigation, 83 FR 8053 (February 23, 2018) (Initiation Notice). E:\FR\FM\31AUN1.SGM 31AUN1

Agencies

[Federal Register Volume 83, Number 170 (Friday, August 31, 2018)]
[Notices]
[Pages 44566-44567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19095]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-063]


Cast Iron Soil Pipe Fittings From the People's Republic of China: 
Countervailing Duty Order

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing a countervailing duty order on cast iron soil pipe 
fittings (soil pipe fittings) from the People's Republic of China 
(China).

DATES: Applicable August 31, 2018.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or Jinny Ahn, 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) 482-5973 or (202) 482-
0339, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 11, 2018, Commerce published its final determination in the 
countervailing duty investigation of soil pipe fittings from China.\1\ 
On August 22, 2018, the ITC notified Commerce of its final 
determination, pursuant to section 705(d) of the Act, that an industry 
in the United States is materially injured within the meaning of 
section 705(b)(1)(A)(i) of the Act, by reason of subsidized imports of 
soil pipe fittings from China.\2\
---------------------------------------------------------------------------

    \1\ See Cast Iron Soil Pipe Fittings from the People's Republic 
of China: Final Affirmative Countervailing Duty Determination, 83 FR 
32075 (July 11, 2018) (Final Determination).
    \2\ See ITC Notification Letter to the Deputy Assistant 
Secretary for Enforcement and Compliance, referencing ITC 
Investigation Nos. 701-TA-583 and 731-TA-1381, dated August 22, 
2018.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the scope of this order 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 (other 
than drain bodies), 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.
    Excluded from this scope are all drain bodies. Drain bodies are 
normally classified in subheading 7326.90.86.88 of the Harmonized 
Tariff Schedule of the United States (HTSUS).
    The cast iron soil pipe fittings subject to the scope of this order 
are normally classified in subheading 7307.11.0045 of the 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 order is 
dispositive.

Countervailing Duty Order

    On August 22, 2018, in accordance with section 705(d) of the Act, 
the ITC notified Commerce of its final determination in this 
investigation, in which it found that imports of cast iron soil pipe 
fittings are materially injuring a U.S. industry. Therefore, in 
accordance with section 705(c)(2) of the Act, we are publishing this 
countervailing duty order. In its determination, the ITC found two 
domestic like products covered by the scope of the investigation: Drain 
bodies and all other soil pipe fittings. The ITC made a negative 
determination with respect to drain bodies and an

[[Page 44567]]

affirmative determination with respect to all other soil pipe fittings. 
Because the ITC made different injury determinations for separate 
domestic like products, Commerce will instruct U.S. Customs and Border 
Protection (CBP) to assess countervailing duties on entries of all cast 
iron soil pipe fittings (subject merchandise) other than drain bodies 
(excluded merchandise).

Drain Bodies

    The ITC found that drain bodies are a separate domestic like 
product. The Final ITC Report describes typical drain bodies as having 
only one side that connects to a pipe or fitting.\3\ Further, drain 
bodies are not classified as either hubless or hub and spigot.\4\ Drain 
bodies may be painted in a different manner than other cast iron soil 
pipe fittings, which are coated in asphaltic material, black paint, or 
epoxy.\5\ Drain bodies often require assembly with attachments (cast 
iron and non-cast iron) such as stainless steel strainers, grates, and 
bolts to be a drain fixture ready for use.\6\ In addition, the purpose 
of a drain body is to collect and carry away liquid or water, including 
wastewater, while the purpose of other cast iron soil pipe fittings is 
to connect pipe and fittings.\7\
---------------------------------------------------------------------------

    \3\ See Cast Iron Soil Pipe Fittings from China, Investigation 
Nos. 701-TA-583 and 731-TA-1381 (Final), Publication 4812, August 
2018 (Final ITC Report) at I-14 and I-15.
    \4\ Id. at I-15.
    \5\ Id.
    \6\ Id.
    \7\ Id.
---------------------------------------------------------------------------

    Because the ITC made a negative determination of material injury 
with respect to drain bodies, Commerce will direct CBP to terminate the 
suspension of liquidation for entries of drain bodies from China 
entered, or withdrawn from warehouse, and refund any cash deposits with 
respect to these entries.

All Soil Pipe Fittings Other Than Drain Bodies

    Because the ITC determined that imports of all cast iron soil pipe 
fittings other than drain bodies from China are materially injuring a 
U.S. industry, all unliquidated entries of subject merchandise from 
China, entered or withdrawn from warehouse, are subject to the 
assessment of countervailing duties.
    As a result of the ITC's final determination, in accordance with 
section 706(a) of the Act, Commerce will direct CBP to assess, upon 
further instruction by Commerce, countervailing duties on unliquidated 
entries of subject merchandise from China entered, or withdrawn from 
warehouse, for consumption on or after December 19, 2017, the date on 
which Commerce published its preliminary countervailing duty 
determination in the Federal Register,\8\ and before April 18, 2018, 
the effective date on which Commerce instructed CBP to discontinue the 
suspension of liquidation in accordance with section 703(d) of the Act. 
Section 703(d) of the Act states that the suspension of liquidation 
pursuant to a preliminary determination may not remain in effect for 
more than four months. Therefore, entries of subject merchandise from 
China made on or after April 18, 2018, and prior to the date of 
publication of the ITC's final determination in the Federal Register 
are not liable for the assessment of countervailing duties due to 
Commerce's discontinuation of the suspension of liquidation.
---------------------------------------------------------------------------

    \8\ See Cast Iron Soil Pipe Fittings from the People's Republic 
of China: Preliminary Affirmative Countervailing Duty Determination 
and Alignment of Final Determination with Final Antidumping Duty 
Determination, 82 FR 60178 (December 19, 2017) (Preliminary 
Determination).
---------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 706 of the Act, Commerce will direct CBP 
to reinstitute the suspension of liquidation of subject merchandise 
(i.e., all soil pipe fittings other than drain bodies) from China, 
effective the date of publication of the ITC's notice of final 
determination in the Federal Register, and to assess, upon further 
instruction by Commerce pursuant to section 706(a)(1) of the Act, 
countervailing duties for each entry of the subject merchandise in an 
amount based on the net countervailable subsidy rates for the subject 
merchandise. On or after the date of publication of the ITC's final 
injury determination in the Federal Register, we will instruct CBP to 
require, at the same time as importers would normally deposit estimated 
duties on this merchandise, cash deposits for each entry of subject 
merchandise equal to the rates noted below. These instructions 
suspending liquidation will remain in effect until further notice. The 
all others rate applies to all producers or exporters not specifically 
listed, as appropriate.

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Shanxi Xuanshi Industrial Group Co., Ltd....................       34.87
Wor-Biz International Trading Co., Ltd. (Anhui).............        7.37
Shijiazhuang Chengmei Import & Export Co., Ltd..............      133.94
All-Others..................................................       23.28
------------------------------------------------------------------------

Notifications to Interested Parties

    This notice constitutes the countervailing duty order with respect 
to soil pipe fittings from China pursuant to section 706(a) of the Act. 
Interested parties may visit https://enforcement.trade.gov/stats/iastats1.html or contact Commerce's Central Records Unit, Room B8024 of 
the main Commerce Building, for copies of an updated list of 
countervailing duty orders currently in effect.
    This order is issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: August 28, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-19095 Filed 8-30-18; 8:45 am]
 BILLING CODE 3510-DS-P
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