Forged Steel Fittings From Taiwan: Antidumping Duty Order, 48280-48281 [2018-20797]

Download as PDF 48280 Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Notices scope includes blends of virgin PET resin and recycled PET resin containing 50 percent or more virgin PET resin content by weight, provided such blends meet the intrinsic viscosity requirements above. The scope includes all PET resin meeting the above specifications regardless of additives introduced in the manufacturing process. The scope excludes PET-glycol resin, also referred to as PETG. PET-glycol resins are manufactured by replacing a portion of the raw material input monoethylene glycol (MEG) with one of five glycol modifiers: Cyclohexanedimethanol (CHDM), diethylene glycol (DEG), neopentyl glycol (NPG), isosorbide, or spiro glycol. Specifically, excluded PET-glycol resins must contain a minimum of 10 percent, by weight, of CHDM, DEG, NPG, isosorbide or spiro glycol, or some combination of these glycol modifiers. Unlike subject PET resin, PET-glycol resins are amorphous resins that are not solid-stated and cannot be crystallized or recycled. The merchandise subject to this investigation is properly classified under subheadings 3907.61.0000 and 3907.69.0000 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 merchandise covered by this investigation is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Final Affirmative Determination of Critical Circumstances, in Part V. Changes Since the Preliminary Determination VI. Use of Facts Otherwise Available and Adverse Inferences VII. Discussion of the Issues Comment 1: Whether To Apply Adverse Facts Available to Indorama Comment 2: Whether Commerce Made Clerical Errors in Its Preliminary Determination VIII. Recommendation [FR Doc. 2018–20720 Filed 9–21–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–863] Forged Steel Fittings From Taiwan: Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on an affirmative final determination by the Department of Commerce (Commerce) and the International Trade Commission (the ITC), Commerce is issuing the antidumping duty order on forged steel fittings from Taiwan. amozie on DSK3GDR082PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 19:37 Sep 21, 2018 Jkt 244001 size (which may or may not be expressed in inches of nominal pipe size), pressure rating (usually, but not Robert Palmer (202) 482–9068 or necessarily expressed in pounds of Suzanne Lam at (202) 482–0783, AD/ pressure/PSI, e.g., 2,000 or 2M; 3,000 or CVD Operations, Enforcement and 3M; 6,000 or 6M; 9,000 or 9M), wall Compliance, International Trade thickness, and whether or not heat Administration, U.S. Department of treated. Commerce, 1401 Constitution Avenue Excluded from this scope are all NW, Washington, DC 20230. fittings entirely made of stainless steel. SUPPLEMENTARY INFORMATION: Also excluded are flanges, butt weld Background fittings, butt weld outlets, nipples, and In accordance with sections 735(d) all fittings that have a maximum and 777(i)(1) of the Tariff Act of 1930, pressure rating of 300 pounds of as amended (the Act), and 19 CFR pressure/PSI or less. 351.210(c), on July 30, 2018, Commerce Also excluded are fittings certified or published its affirmative Final made to the following standards, so long Determination in the less-than-fair-value as the fittings are not also manufactured (LTFV) investigation of forged steel to the specifications of ASME B16.11, fittings from Taiwan.1 On September 14, MSS SP–79, MSS SP–83, MSS SP–97, 2018, the ITC notified Commerce of its ASTM A105, ASTM A350, and ASTM affirmative determination that an A182: industry in the United States is • American Petroleum Institute (API) materially injured within the meaning API 5CT, API 5L, or API 11B of section 735(b)(1)(A)(i) of the Act, by • Society of Automotive Engineering reason of the LTFV imports of forged (SAE) SAE J476, SAE J514, SAE J516, steel fittings from Taiwan.2 SAE J517, SAE J518, SAE J1026, SAE J1231, SAE J1453, SAE J1926, J2044 or Scope of the Order 3 SAE AS 35411 The products covered by this scope • Underwriter’s Laboratories (UL) are carbon and alloy forged steel fittings, certified electrical conduit fittings whether unfinished (commonly known • ASTM A153, A536, A576, or A865 as blanks or rough forgings) or finished. • Casing Conductor Connectors 16–42 Such fittings are made in a variety of inches in diameter made to shapes including, but not limited to, proprietary specifications elbows, tees, crosses, laterals, couplings, reducers, caps, plugs, bushings, unions, • Military Specification (MIL) MIL–C– 4109F and MIL–F–3541 and outlets. Forged steel fittings are • International Organization for covered regardless of end finish, Standardization (ISO) ISO6150–B whether threaded, socket-weld or other To be excluded from the scope, end connections. products must have the appropriate While these fittings are generally standard or pressure markings and/or manufactured to specifications ASME accompanied by documentation B16.11, MSS SP–79, MSS SP–83, MSS showing product compliance to the SP–97, ASTM A105, ASTM A350, and ASTM A182, the scope is not limited to applicable standard or pressure, e.g., ‘‘API 5CT’’ mark and/or a mill fittings made to these specifications. certification report. The term forged is an industry term Subject carbon and alloy forged steel used to describe a class of products included in applicable standards, and fittings are normally entered under does not reference an exclusive Harmonized Tariff Schedule of the manufacturing process. Forged steel United States (HTSUS) 7307.99.1000, fittings are not manufactured from 7307.99.3000, 7307.99.5045, and casting. Pursuant to the applicable 7307.99.5060. They also may be entered specifications, subject fittings may also under HTSUS 7307.92.3010, be machined from bar stock or 7307.92.3030, 7307.92.9000, and machined from seamless pipe and tube. 7326.19.0010. The HTSUS subheadings All types of fittings are included in and specifications are provided for the scope regardless of nominal pipe convenience and customs purposes; the written description of the scope is 1 See Forged Steel Fittings from Taiwan: Final dispositive. DATES: Applicable September 24, 2018. FOR FURTHER INFORMATION CONTACT: Determination of Sales at Less Than Fair Value, 83 FR 36519 (July 30, 2018) (Final Determination). 2 See Letter from the U.S. International Trade Commission, regarding Forged Steel Fittings from Taiwan, dated September 14, 2018 (ITC Notification). 3 See Memorandum to the File, ‘‘Placing Carbon Steel Butt Weld Pipe Fitting Scope Information Ruling on the Record,’’ dated concurrently with this notice. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Antidumping Duty Orders As stated above, on September 14, 2018, in accordance with section 735(d) of the Act, the ITC notified Commerce of its final determination in this investigation, in which it found material injury with respect to forged steel E:\FR\FM\24SEN1.SGM 24SEN1 Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Notices fittings from Taiwan.4 Therefore, in accordance with section 735(c)(2) of the Act, we are issuing this antidumping duty order. Because the ITC determined that imports of forged steel fittings from Taiwan are materially injuring a U.S. industry, unliquidated entries of such merchandise from Taiwan entered, or withdrawn from warehouse for consumption, are subject to the assessment of antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of forged steel fittings from Taiwan. Antidumping duties will be assessed on unliquidated entries of forged steel fittings from Taiwan entered, or withdrawn from warehouse for consumption, on or after May 17, 2018, the date of publication of the Preliminary Determination.5 amozie on DSK3GDR082PROD with NOTICES1 Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to continue to suspend liquidation on all relevant entries of forged steel fittings from Taiwan. These instructions suspending liquidation will remain in effect until further notice. We will also instruct CBP to require cash deposits equal to the amounts as indicated below. Accordingly, effective on the date of publication of the ITC’s final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the estimated weighted-average dumping margins listed below.6 The relevant allothers rate applies to all producers or exporters not specifically listed. Provisional Measures Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months except where exporters representing a significant proportion of exports of the subject merchandise request Commerce to extend that fourmonth period to no more than six months. However, Commerce did not extend the four-month period in the underlying investigation. In the underlying investigation, Commerce published the Preliminary Determination on May 17, 2018. Thus, the four-month period beginning on the date of the publication of the Preliminary Determination ended on September 13, 2018. Furthermore, section 737(b) of the Act states that definitive duties are to begin on the date of publication of the ITC’s final injury determination. Therefore, in accordance with section 733(d) of the Act and our practice, we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of forged steel fittings from Taiwan entered, or withdrawn from warehouse for consumption, on or after September 14, 2018, the date the provisional measures expired, and through the day preceding the date of publication of the ITC’s final injury determination in the Federal Register. Estimated Dumping Margins Commerce determines that the estimated final weighted-average dumping margins are as follows: Exporter/producer ITC Notification. 5 See Forged Steel Fittings from Taiwan: Affirmative Preliminary Determination of Sales at Less Than Fair Value, 83 FR 22957 (May 17, 2018) (Preliminary Determination). 6 See section 736(a)(3) of the Act. VerDate Sep<11>2014 17:40 Sep 21, 2018 Jkt 244001 [A–535–905] Polyethylene Terephthalate Resin From Pakistan: Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of polyethylene terephthalate (PET) resin from Pakistan are being sold in the United States at less than fair value (LTFV), as provided in section 735 of the Tariff Act of 1930, as amended (the Act). DATES: Applicable September 24, 2018. FOR FURTHER INFORMATION CONTACT: Mark Hoadley or Lauren Caserta, 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) 482–3148 or (202) 482–4737, respectively. SUPPLEMENTARY INFORMATION: AGENCY: On May 4, 2018, Commerce published in the Federal Register the preliminary determination of sales at LTFV in the antidumping duty (AD) investigation of PET resin from Pakistan.1 Commerce invited comments from interested 116.17 parties on the Preliminary 116.17 Determination.2 The petitioners 3 and 116.17 Novatex Limited (Novatex) filed case and rebuttal briefs.4 A summary of the Notification to Interested Parties This notice constitutes the antidumping duty order with respect to forged steel fittings from Taiwan pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at http://enforcement.trade.gov/ stats/iastats1.html. This order is published in accordance with section 736(a) of the Act and 19 CFR 351.211(b). Dated: September 19, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. PO 00000 International Trade Administration Weightedaverage dumping margins (percent) Both Well Steel Fittings Co., Ltd Luchu Shin Yee Works Co., Ltd All-Others .................................... BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Background [FR Doc. 2018–20797 Filed 9–21–18; 8:45 am] 4 See 48281 1 See Polyethylene Terephthalate Resin from Pakistan: Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 83 FR 19689 (May 4, 2018) (Preliminary Determination) and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Antidumping Duty Investigation of Polyethylene Terephthalate Resin from Pakistan: Schedule for Submission of Case and Rebuttal Briefs,’’ dated June 14, 2018 (Case Brief Schedule); see also Memorandum, ‘‘Antidumping Duty Investigation of Polyethylene Terephthalate Resin from Pakistan: Revised Schedule for Submission of Case and Rebuttal Briefs,’’ dated June 19, 2018 (Revised Case Brief Schedule). 3 DAK Americas, LLC Indorama Ventures USA, Ind., M&G Polymers USA, LLC, and Nan Ya Plastics Corporation, America (collectively, the petitioners). 4 See Petitioners’ Case Brief, ‘‘Polyethylene Terephthalate Resin from Pakistan: Petitioners’ Case Brief for Novatex Limited,’’ dated June 22, 2018 (Petitioners’ Case Brief), and Novatex’s Case Brief, ‘‘Polyethylene Terephthalate Resin from Pakistan: Novatex’s Case Brief,’’ dated June 25, 2018 (Novatex’s Case Brief); see also Petitioners’ Rebuttal Brief, ‘‘Polyethylene Terephthalate Resin from Pakistan: Petitioners’ Rebuttal Brief for Novatex,’’ Continued Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\24SEN1.SGM 24SEN1

Agencies

[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Notices]
[Pages 48280-48281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20797]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-863]


Forged Steel Fittings From Taiwan: Antidumping Duty Order

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

SUMMARY: Based on an affirmative final determination by the Department 
of Commerce (Commerce) and the International Trade Commission (the 
ITC), Commerce is issuing the antidumping duty order on forged steel 
fittings from Taiwan.

DATES: Applicable September 24, 2018.

FOR FURTHER INFORMATION CONTACT: Robert Palmer (202) 482-9068 or 
Suzanne Lam at (202) 482-0783, AD/CVD Operations, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on July 30, 2018, 
Commerce published its affirmative Final Determination in the less-
than-fair-value (LTFV) investigation of forged steel fittings from 
Taiwan.\1\ On September 14, 2018, the ITC notified Commerce of its 
affirmative determination that an industry in the United States is 
materially injured within the meaning of section 735(b)(1)(A)(i) of the 
Act, by reason of the LTFV imports of forged steel fittings from 
Taiwan.\2\
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    \1\ See Forged Steel Fittings from Taiwan: Final Determination 
of Sales at Less Than Fair Value, 83 FR 36519 (July 30, 2018) (Final 
Determination).
    \2\ See Letter from the U.S. International Trade Commission, 
regarding Forged Steel Fittings from Taiwan, dated September 14, 
2018 (ITC Notification).
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Scope of the Order 3
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    \3\ See Memorandum to the File, ``Placing Carbon Steel Butt Weld 
Pipe Fitting Scope Information Ruling on the Record,'' dated 
concurrently with this notice.
---------------------------------------------------------------------------

    The products covered by this scope are carbon and alloy forged 
steel fittings, whether unfinished (commonly known as blanks or rough 
forgings) or finished. Such fittings are made in a variety of shapes 
including, but not limited to, elbows, tees, crosses, laterals, 
couplings, reducers, caps, plugs, bushings, unions, and outlets. Forged 
steel fittings are covered regardless of end finish, whether threaded, 
socket-weld or other end connections.
    While these fittings are generally manufactured to specifications 
ASME B16.11, MSS SP-79, MSS SP-83, MSS SP-97, ASTM A105, ASTM A350, and 
ASTM A182, the scope is not limited to fittings made to these 
specifications.
    The term forged is an industry term used to describe a class of 
products included in applicable standards, and does not reference an 
exclusive manufacturing process. Forged steel fittings are not 
manufactured from casting. Pursuant to the applicable specifications, 
subject fittings may also be machined from bar stock or machined from 
seamless pipe and tube.
    All types of fittings are included in the scope regardless of 
nominal pipe size (which may or may not be expressed in inches of 
nominal pipe size), pressure rating (usually, but not necessarily 
expressed in pounds of pressure/PSI, e.g., 2,000 or 2M; 3,000 or 3M; 
6,000 or 6M; 9,000 or 9M), wall thickness, and whether or not heat 
treated.
    Excluded from this scope are all fittings entirely made of 
stainless steel. Also excluded are flanges, butt weld fittings, butt 
weld outlets, nipples, and all fittings that have a maximum pressure 
rating of 300 pounds of pressure/PSI or less.
    Also excluded are fittings certified or made to the following 
standards, so long as the fittings are not also manufactured to the 
specifications of ASME B16.11, MSS SP-79, MSS SP-83, MSS SP-97, ASTM 
A105, ASTM A350, and ASTM A182:

 American Petroleum Institute (API) API 5CT, API 5L, or API 11B
 Society of Automotive Engineering (SAE) SAE J476, SAE J514, 
SAE J516, SAE J517, SAE J518, SAE J1026, SAE J1231, SAE J1453, SAE 
J1926, J2044 or SAE AS 35411
 Underwriter's Laboratories (UL) certified electrical conduit 
fittings
 ASTM A153, A536, A576, or A865
 Casing Conductor Connectors 16-42 inches in diameter made to 
proprietary specifications
 Military Specification (MIL) MIL-C-4109F and MIL-F-3541
 International Organization for Standardization (ISO) ISO6150-B

    To be excluded from the scope, products must have the appropriate 
standard or pressure markings and/or accompanied by documentation 
showing product compliance to the applicable standard or pressure, 
e.g., ``API 5CT'' mark and/or a mill certification report.
    Subject carbon and alloy forged steel fittings are normally entered 
under Harmonized Tariff Schedule of the United States (HTSUS) 
7307.99.1000, 7307.99.3000, 7307.99.5045, and 7307.99.5060. They also 
may be entered under HTSUS 7307.92.3010, 7307.92.3030, 7307.92.9000, 
and 7326.19.0010. The HTSUS subheadings and specifications are provided 
for convenience and customs purposes; the written description of the 
scope is dispositive.

Antidumping Duty Orders

    As stated above, on September 14, 2018, in accordance with section 
735(d) of the Act, the ITC notified Commerce of its final determination 
in this investigation, in which it found material injury with respect 
to forged steel

[[Page 48281]]

fittings from Taiwan.\4\ Therefore, in accordance with section 
735(c)(2) of the Act, we are issuing this antidumping duty order. 
Because the ITC determined that imports of forged steel fittings from 
Taiwan are materially injuring a U.S. industry, unliquidated entries of 
such merchandise from Taiwan entered, or withdrawn from warehouse for 
consumption, are subject to the assessment of antidumping duties.
---------------------------------------------------------------------------

    \4\ See ITC Notification.
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    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by Commerce, antidumping duties equal 
to the amount by which the normal value of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of forged steel fittings from Taiwan. Antidumping 
duties will be assessed on unliquidated entries of forged steel 
fittings from Taiwan entered, or withdrawn from warehouse for 
consumption, on or after May 17, 2018, the date of publication of the 
Preliminary Determination.\5\
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    \5\ See Forged Steel Fittings from Taiwan: Affirmative 
Preliminary Determination of Sales at Less Than Fair Value, 83 FR 
22957 (May 17, 2018) (Preliminary Determination).
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on all relevant entries 
of forged steel fittings from Taiwan. These instructions suspending 
liquidation will remain in effect until further notice.
    We will also instruct CBP to require cash deposits equal to the 
amounts as indicated below. Accordingly, effective on the date of 
publication of the ITC's final affirmative injury determination, CBP 
will require, at the same time as importers would normally deposit 
estimated duties on this subject merchandise, a cash deposit equal to 
the estimated weighted-average dumping margins listed below.\6\ The 
relevant all-others rate applies to all producers or exporters not 
specifically listed.
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    \6\ See section 736(a)(3) of the Act.
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
Commerce to extend that four-month period to no more than six months. 
However, Commerce did not extend the four-month period in the 
underlying investigation. In the underlying investigation, Commerce 
published the Preliminary Determination on May 17, 2018. Thus, the 
four-month period beginning on the date of the publication of the 
Preliminary Determination ended on September 13, 2018. Furthermore, 
section 737(b) of the Act states that definitive duties are to begin on 
the date of publication of the ITC's final injury determination.
    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of forged steel fittings from Taiwan entered, or 
withdrawn from warehouse for consumption, on or after September 14, 
2018, the date the provisional measures expired, and through the day 
preceding the date of publication of the ITC's final injury 
determination in the Federal Register.

Estimated Dumping Margins

    Commerce determines that the estimated final weighted-average 
dumping margins are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margins
                                                               (percent)
------------------------------------------------------------------------
Both Well Steel Fittings Co., Ltd...........................      116.17
Luchu Shin Yee Works Co., Ltd...............................      116.17
All-Others..................................................      116.17
------------------------------------------------------------------------

Notification to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
forged steel fittings from Taiwan pursuant to section 736(a) of the 
Act. Interested parties can find a list of antidumping duty orders 
currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: September 19, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-20797 Filed 9-21-18; 8:45 am]
 BILLING CODE 3510-DS-P