Forged Steel Fittings From the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 50339-50341 [2018-21729]
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Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of the return or
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.
We are issuing and publishing these
results and notice in accordance with
sections 751(c), 752(c), and 777(i)(1) of
the Act and 19 CFR 351.218.
Dated: September 28, 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
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margins Likely To
Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
Scope of the Investigation
The products covered by this
investigation are forged steel fittings
from China. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation,’’ at
Appendix I.
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–067]
Forged Steel Fittings From the
People’s Republic of China: 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
forged steel 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).
DATES: Applicable October 5, 2018.
FOR FURTHER INFORMATION CONTACT:
Katherine Johnson at (202) 482–4929 or
Irene Gorelik at (202) 482–6905, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
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Background
On May 17, 2018, Commerce
published in the Federal Register the
Preliminary Determination and invited
interested parties to comment.1 A
summary of the events that occurred
since Commerce published the
Preliminary Determination may be
found in the Issues and Decision
Memorandum that is dated concurrently
with this determination and hereby
adopted by this notice.2
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.
Period of Investigation
The period of investigation is April 1,
2017, through September 30, 2017.
[FR Doc. 2018–21730 Filed 10–4–18; 8:45 am]
AGENCY:
SUPPLEMENTARY INFORMATION:
Scope Comments
During the course of this investigation
and the concurrent investigations of
forged steel fittings from China (CVD),
Italy and Taiwan, Commerce received
numerous scope comments from
interested parties. Commerce issued a
Preliminary Scope Decision
Memorandum 3 and a Second
1 See Forged Steel Fittings from the People’s
Republic of China: Affirmative Preliminary
Determination of Sales at Less Than Fair Value,
Postponement of Final Determination and
Extension of Provisional Measures, 82 FR 22948
(May 17, 2018) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Forged Steel Fittings from the
People’s Republic of China’’ (Issues and Decision
Memorandum).
3 See Memorandum to the File, ‘‘Scope Comments
Decision Memorandum for the Preliminary
Determinations,’’ dated March 7, 2018 (Preliminary
Scope Decision Memorandum).
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50339
Preliminary Scope Decision
Memorandum 4 to address these
comments. For a summary of the
product coverage comments and
rebuttals submitted to the records of this
investigation and the concurrent
investigations of forged steel fittings
from China (CVD), Italy and Taiwan for
consideration in the final
determinations, and our accompanying
discussion and analysis of them, see the
Final Scope Decision Memorandum,
issued on July 23, 2018, concurrent with
the final determination in the LTFV
investigation of forged steel fittings from
Taiwan.5 See Appendix I for the final
scope of the investigation.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in the Issues and Decision
Memorandum accompanying this
notice. A list of the issues addressed in
the Issues and Decision Memorandum is
attached to this notice at Appendix II.
For the final determination Commerce
continues to rely upon facts otherwise
available, with adverse inferences
(AFA), for the China-wide entity,
including the single entity comprising
Jiangsu Haida Pipe Fittings Group
Company Ltd., Haida Pipe Co., Ltd., and
Yancheng L&W International Co., Ltd.
(collectively, Haida), pursuant to
sections 776(a) and (b) of the Act.
Separate Rates
For the final determination, we
continue to find that 15 exporters are
entitled to a separate rate, as noted
below. In the Preliminary
Determination, we assigned, as the
separate rate, the margin calculated for
Both-Well (Taizhou) Steel Fittings Co.,
Ltd. (Both-Well), the sole mandatory
respondent for which we preliminarily
calculated an estimated weightedaverage dumping margin, consistent
with our practice.6 For the final
determination, we continue to assign
the estimated weighted-average
dumping margin calculated for Both4 See Memorandum to the File, ‘‘Second
Preliminary Scope Decision Memorandum,’’ dated
May 7, 2018 (Second Preliminary Scope Decision
Memorandum).
5 See Memorandum, ‘‘Forged Steel Fittings from
China, Italy and Taiwan: Final Scope Determination
Decision Memorandum,’’ dated July 23, 2018 (Final
Scope Decision Memorandum); see also,
Memorandum to the File, ‘‘Placing Carbon Steel
Butt Weld Pipe Fitting Scope Information Ruling on
the Record,’’ dated September 19, 2018.
6 See Preliminary Determination, 82 FR at 22949–
22950, and accompanying Preliminary Decision
Memorandum at 15–16.
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Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices
Well to the exporters that are entitled to
a separate rate.
China-Wide Entity
For the final determination, we
continue to find that the China-wide
entity, which includes certain Chinese
exporters and/or producers that did not
respond to Commerce’s requests for
information, failed to provide necessary
information, failed to provide
information in a timely manner, and
significantly impeded this proceeding
by not submitting the requested
information. We also continue to find
that the China-wide entity failed to
cooperate. As a result, we continue to
determine for the China-wide entity an
estimated weighted-average dumping
margin on the basis of AFA pursuant to
section 776(b) of the Act. In the
Preliminary Determination, Commerce
based the AFA rate for the China-wide
entity on the petition margin of 142.72
percent.7 For this final determination,
we continue to rely on AFA in
determining the rate for the China-wide
entity and, as AFA, we continue to
select the petition margin of 142.72
percent as the estimated weightedaverage dumping margin for the China-
wide entity (including Haida), as
corroborated in the Preliminary
Determination.
Combination Rates
In the Initiation Notice,8 Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.9
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Estimated
weightedaverage
dumping
margin
(percent)
Exporter
Producer
Both-Well (Taizhou) Steel Fittings Co., Ltd ................................
Dalian Guangming Pipe Fittings Co., Ltd ...................................
Dalian Guangming Pipe Fittings Co., Ltd ...................................
Dalian Guangming Pipe Fittings Co., Ltd ...................................
Dalian Guangming Pipe Fittings Co., Ltd ...................................
Eaton Hydraulics (Ningbo) Co., Ltd ............................................
Eaton Hydraulics (Luzhou) Co., Ltd ...........................................
Eaton Hydraulics (Luzhou) Co., Ltd ...........................................
Eaton Hydraulics (Luzhou) Co., Ltd ...........................................
Jiangsu Forged Pipe Fittings Co., Ltd ........................................
Jinan Mech Piping Technology Co., Ltd .....................................
Jining Dingguan Precision Parts Manufacturing Co., Ltd ...........
Lianfa Stainless Steel Pipes & Valves (Qingyun) Co., Ltd ........
Ningbo Long Teng Metal Manufacturing Co., Ltd ......................
Ningbo Save Technology Co., Ltd ..............................................
Q.C. Witness International Co., Ltd ............................................
Q.C. Witness International Co., Ltd ............................................
Qingdao Bestflow Industrial Co., Ltd ..........................................
Xin Yi International Trade Co., Limited ......................................
Xin Yi International Trade Co., Limited ......................................
Xin Yi International Trade Co., Limited ......................................
Xin Yi International Trade Co., Limited ......................................
Xin Yi International Trade Co., Limited ......................................
Xin Yi International Trade Co., Limited ......................................
Yingkou Guangming Pipeline Industry Co., Ltd .........................
Yingkou Guangming Pipeline Industry Co., Ltd .........................
Yingkou Guangming Pipeline Industry Co., Ltd .........................
Yingkou Guangming Pipeline Industry Co., Ltd .........................
Yingkou Guangming Pipeline Industry Co., Ltd .........................
Yuyao Wanlei Pipe Fitting Manufacturing Co., Ltd ....................
Both-Well (Taizhou) Steel Fittings Co., Ltd ...............................
Yancheng Jiuwei Pipe Fittings Co., Ltd .....................................
Yancheng Manda Pipe Industry Co., Ltd ..................................
Yancheng Haohui Pipe Fittings Co., Ltd ...................................
Jiangsu Haida Pipe Fittings Group Co., Ltd ..............................
Eaton Hydraulics (Ningbo) Co., Ltd ...........................................
Eaton Hydraulics (Luzhou) Co., Ltd ..........................................
Luzhou City Chengrun Mechanics Co., Ltd ...............................
Eaton Hydraulics (Ningbo) Co., Ltd ...........................................
Jiangsu Forged Pipe Fittings Co., Ltd .......................................
Jinan Mech Piping Technology Co., Ltd ....................................
Jining Dingguan Precision Parts Manufacturing Co., Ltd ..........
Lianfa Stainless Steel Pipes & Valves (Qingyun) Co., Ltd .......
Ningbo Long Teng Metal Manufacturing Co., Ltd .....................
Ningbo Save Technology Co., Ltd .............................................
Ningbo HongTe Industrial Co., Ltd ............................................
Cixi Baicheng Hardware Tools, Ltd ...........................................
Yancheng Boyue Tube Co., Ltd ................................................
Yancheng Jiuwei Pipe Fittings Co., Ltd .....................................
Yancheng Manda Pipe Industry Co., Ltd ..................................
Yancheng Haohui Pipe Fittings Co., Ltd ...................................
Jiangsu Haida Pipe Fittings Group Co., Ltd ..............................
Yingkou Guangming Pipeline Industry Co., Ltd ........................
Shanghai Lon Au Stainless Steel Materials Co., Ltd ................
Yingkou Guangming Pipeline Industry Co., Ltd ........................
Yancheng Jiuwei Pipe Fittings Co., Ltd .....................................
Yancheng Manda Pipe Industry Co., Ltd ..................................
Yancheng Haohui Pipe Fittings Co., Ltd ...................................
Jiangsu Haida Pipe Fittings Group Co., Ltd ..............................
Yuyao Wanlei Pipe Fitting Manufacturing Co., Ltd ...................
China-Wide Entity 10
Continuation of Suspension of
Liquidation
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In accordance with section
735(c)(1)(B) of the Act, for this final
determination, we will direct U.S.
Customs and Border Protection (CBP) to
7 Id. at 22950 and accompanying Preliminary
Decision Memorandum at 21.
8 See Initiation Notice, 82 FR at 50618.
9 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, ‘‘Separate-Rates Practice and
Application of Combination Rates in Antidumping
Investigations involving Non-Market Economy
Countries’’ (April 5, 2005) (Policy Bulletin 05.1),
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8.00
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8.00
8.00
8.00
8.00
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8.00
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8.00
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8.00
8.00
8.00
8.00
8.00
8.00
8.00
8.00
142.72
continue to suspend liquidation of all
entries of forged steel fittings from
China, as described in Appendix I of
this notice, which are entered, or
withdrawn from warehouse, for
consumption on or after May 17, 2018,
the date of publication in the Federal
Register of the affirmative Preliminary
Determination. Further, pursuant to
section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
the weighted average amount by which
normal value exceeds U.S. price, as
available on Commerce’s website at https://
enforcement.trade.gov/policy/bull05-1.pdf.
10 The China-wide entity includes: (1) Beijing
Better Products International Ltd.; (2) Dalian
Newshow Pipeline Industry Co.; (3) G&T Industry
Holding Ltd.; (4) Shanxi Baolongda Forging
Company Ltd.; (5) Shaanxi Fenry Flanges and
Fittings Co., Ltd.; (6) Shenzhen Front Valve Co.,
Ltd.; (7) Qingdao Eathu Casting and Forging Co.,
Ltd.; (8) Gaoyou Huaxing Petroleum Pipe
Manufacture Co., Ltd.; and (9) the single entity
comprising Jiangsu Haida Pipe Fittings Group
Company Ltd., its affiliated producer Haida Pipe
Co., Ltd., and its affiliated reseller Yancheng L&W
International Co., Ltd.
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Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Notices
indicated in the chart above as follows:
(1) For the producer/exporter
combinations listed in the table above,
the cash deposit rate is equal to the
estimated weighted-average dumping
margin listed for that combination in the
table; (2) for all combinations of Chinese
producers/exporters of merchandise
under consideration that have not
established eligibility for their own
separate rates, the cash deposit rate will
be equal to the estimated weightedaverage dumping margin established for
the China-wide entity; and (3) for all
third-county exporters of merchandise
under consideration not listed in the
table above, the cash deposit rate is the
cash deposit rate applicable to the
Chinese producer/exporter combination
(or the China-wide entity) that supplied
that third-country exporter. These
suspension of liquidation instructions
will remain in effect until further notice.
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).
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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. Because Commerce’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports or
sales (or the likelihood of sales) for
importation of forged steel fittings, no
later than 45 days after this final
determination. If the ITC determines
that such injury does not exist, this
proceeding will be terminated and all
cash deposits posted will be refunded.
If the ITC determines that such injury
does exist, Commerce will 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, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
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Notification Regarding Administrative
Protective Orders
This notice will serve as a reminder
to the parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of propriety information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of return or 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 sanctionable
violation.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act and 19
CFR 351.210(c).
Dated: October 1, 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 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
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50341
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) 5CT,
API 5L, or API 11B
• Society of Automotive Engineering (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 be 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.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Changes from the Preliminary
Determination
IV. Discussion of the Issues
Comment 1: Application of the Special
Rule for Multinational Corporations
(MNC Rule) to the Calculation for BothWell
Comment 2: Surrogate Country Selection
Comment 3: Exclusion of Import Data With
Quantities of Zero
Comment 4: Conversion of GTA Data from
FOB to CIF Basis
Comment 5: Assignment of Total Adverse
Facts Available to Haida
Comment 6: Correction of Ministerial Error
V. Recommendation
[FR Doc. 2018–21729 Filed 10–4–18; 8:45 am]
BILLING CODE 3510–DS–P
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Agencies
[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Notices]
[Pages 50339-50341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21729]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-067]
Forged Steel Fittings From the People's Republic of China: Final
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of forged steel 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).
DATES: Applicable October 5, 2018.
FOR FURTHER INFORMATION CONTACT: Katherine Johnson at (202) 482-4929 or
Irene Gorelik at (202) 482-6905, AD/CVD Operations, Office VIII,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Background
On May 17, 2018, Commerce published in the Federal Register the
Preliminary Determination and invited interested parties to comment.\1\
A summary of the events that occurred since Commerce published the
Preliminary Determination may be found in the Issues and Decision
Memorandum that is dated concurrently with this determination and
hereby adopted by this notice.\2\
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\1\ See Forged Steel Fittings from the People's Republic of
China: Affirmative Preliminary Determination of Sales at Less Than
Fair Value, Postponement of Final Determination and Extension of
Provisional Measures, 82 FR 22948 (May 17, 2018) (Preliminary
Determination) and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Forged Steel Fittings from the People's Republic of
China'' (Issues and Decision Memorandum).
---------------------------------------------------------------------------
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.
Period of Investigation
The period of investigation is April 1, 2017, through September 30,
2017.
Scope of the Investigation
The products covered by this investigation are forged steel
fittings from China. For a full description of the scope of this
investigation, see the ``Scope of the Investigation,'' at Appendix I.
Scope Comments
During the course of this investigation and the concurrent
investigations of forged steel fittings from China (CVD), Italy and
Taiwan, Commerce received numerous scope comments from interested
parties. Commerce issued a Preliminary Scope Decision Memorandum \3\
and a Second Preliminary Scope Decision Memorandum \4\ to address these
comments. For a summary of the product coverage comments and rebuttals
submitted to the records of this investigation and the concurrent
investigations of forged steel fittings from China (CVD), Italy and
Taiwan for consideration in the final determinations, and our
accompanying discussion and analysis of them, see the Final Scope
Decision Memorandum, issued on July 23, 2018, concurrent with the final
determination in the LTFV investigation of forged steel fittings from
Taiwan.\5\ See Appendix I for the final scope of the investigation.
---------------------------------------------------------------------------
\3\ See Memorandum to the File, ``Scope Comments Decision
Memorandum for the Preliminary Determinations,'' dated March 7, 2018
(Preliminary Scope Decision Memorandum).
\4\ See Memorandum to the File, ``Second Preliminary Scope
Decision Memorandum,'' dated May 7, 2018 (Second Preliminary Scope
Decision Memorandum).
\5\ See Memorandum, ``Forged Steel Fittings from China, Italy
and Taiwan: Final Scope Determination Decision Memorandum,'' dated
July 23, 2018 (Final Scope Decision Memorandum); see also,
Memorandum to the File, ``Placing Carbon Steel Butt Weld Pipe
Fitting Scope Information Ruling on the Record,'' dated September
19, 2018.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum accompanying this notice. A list of the issues
addressed in the Issues and Decision Memorandum is attached to this
notice at Appendix II.
For the final determination Commerce continues to rely upon facts
otherwise available, with adverse inferences (AFA), for the China-wide
entity, including the single entity comprising Jiangsu Haida Pipe
Fittings Group Company Ltd., Haida Pipe Co., Ltd., and Yancheng L&W
International Co., Ltd. (collectively, Haida), pursuant to sections
776(a) and (b) of the Act.
Separate Rates
For the final determination, we continue to find that 15 exporters
are entitled to a separate rate, as noted below. In the Preliminary
Determination, we assigned, as the separate rate, the margin calculated
for Both-Well (Taizhou) Steel Fittings Co., Ltd. (Both-Well), the sole
mandatory respondent for which we preliminarily calculated an estimated
weighted-average dumping margin, consistent with our practice.\6\ For
the final determination, we continue to assign the estimated weighted-
average dumping margin calculated for Both-
[[Page 50340]]
Well to the exporters that are entitled to a separate rate.
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\6\ See Preliminary Determination, 82 FR at 22949-22950, and
accompanying Preliminary Decision Memorandum at 15-16.
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China-Wide Entity
For the final determination, we continue to find that the China-
wide entity, which includes certain Chinese exporters and/or producers
that did not respond to Commerce's requests for information, failed to
provide necessary information, failed to provide information in a
timely manner, and significantly impeded this proceeding by not
submitting the requested information. We also continue to find that the
China-wide entity failed to cooperate. As a result, we continue to
determine for the China-wide entity an estimated weighted-average
dumping margin on the basis of AFA pursuant to section 776(b) of the
Act. In the Preliminary Determination, Commerce based the AFA rate for
the China-wide entity on the petition margin of 142.72 percent.\7\ For
this final determination, we continue to rely on AFA in determining the
rate for the China-wide entity and, as AFA, we continue to select the
petition margin of 142.72 percent as the estimated weighted-average
dumping margin for the China-wide entity (including Haida), as
corroborated in the Preliminary Determination.
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\7\ Id. at 22950 and accompanying Preliminary Decision
Memorandum at 21.
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Combination Rates
In the Initiation Notice,\8\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\9\
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\8\ See Initiation Notice, 82 FR at 50618.
\9\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
``Separate-Rates Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market Economy Countries''
(April 5, 2005) (Policy Bulletin 05.1), available on Commerce's
website at https://enforcement.trade.gov/policy/bull05-1.pdf.
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Final Determination
The final estimated weighted-average dumping margins are as
follows:
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\10\ The China-wide entity includes: (1) Beijing Better Products
International Ltd.; (2) Dalian Newshow Pipeline Industry Co.; (3)
G&T Industry Holding Ltd.; (4) Shanxi Baolongda Forging Company
Ltd.; (5) Shaanxi Fenry Flanges and Fittings Co., Ltd.; (6) Shenzhen
Front Valve Co., Ltd.; (7) Qingdao Eathu Casting and Forging Co.,
Ltd.; (8) Gaoyou Huaxing Petroleum Pipe Manufacture Co., Ltd.; and
(9) the single entity comprising Jiangsu Haida Pipe Fittings Group
Company Ltd., its affiliated producer Haida Pipe Co., Ltd., and its
affiliated reseller Yancheng L&W International Co., Ltd.
------------------------------------------------------------------------
Estimated
weighted-
Exporter Producer average
dumping margin
(percent)
------------------------------------------------------------------------
Both-Well (Taizhou) Steel Both-Well (Taizhou) 8.00
Fittings Co., Ltd. Steel Fittings Co.,
Ltd.
Dalian Guangming Pipe Fittings Yancheng Jiuwei Pipe 8.00
Co., Ltd. Fittings Co., Ltd.
Dalian Guangming Pipe Fittings Yancheng Manda Pipe 8.00
Co., Ltd. Industry Co., Ltd.
Dalian Guangming Pipe Fittings Yancheng Haohui Pipe 8.00
Co., Ltd. Fittings Co., Ltd.
Dalian Guangming Pipe Fittings Jiangsu Haida Pipe 8.00
Co., Ltd. Fittings Group Co.,
Ltd.
Eaton Hydraulics (Ningbo) Co., Eaton Hydraulics 8.00
Ltd. (Ningbo) Co., Ltd.
Eaton Hydraulics (Luzhou) Co., Eaton Hydraulics 8.00
Ltd. (Luzhou) Co., Ltd.
Eaton Hydraulics (Luzhou) Co., Luzhou City Chengrun 8.00
Ltd. Mechanics Co., Ltd.
Eaton Hydraulics (Luzhou) Co., Eaton Hydraulics 8.00
Ltd. (Ningbo) Co., Ltd.
Jiangsu Forged Pipe Fittings Jiangsu Forged Pipe 8.00
Co., Ltd. Fittings Co., Ltd.
Jinan Mech Piping Technology Jinan Mech Piping 8.00
Co., Ltd. Technology Co., Ltd.
Jining Dingguan Precision Parts Jining Dingguan 8.00
Manufacturing Co., Ltd. Precision Parts
Manufacturing Co., Ltd.
Lianfa Stainless Steel Pipes & Lianfa Stainless Steel 8.00
Valves (Qingyun) Co., Ltd. Pipes & Valves
(Qingyun) Co., Ltd.
Ningbo Long Teng Metal Ningbo Long Teng Metal 8.00
Manufacturing Co., Ltd. Manufacturing Co., Ltd.
Ningbo Save Technology Co., Ltd Ningbo Save Technology 8.00
Co., Ltd.
Q.C. Witness International Co., Ningbo HongTe 8.00
Ltd. Industrial Co., Ltd.
Q.C. Witness International Co., Cixi Baicheng Hardware 8.00
Ltd. Tools, Ltd.
Qingdao Bestflow Industrial Yancheng Boyue Tube 8.00
Co., Ltd. Co., Ltd.
Xin Yi International Trade Co., Yancheng Jiuwei Pipe 8.00
Limited. Fittings Co., Ltd.
Xin Yi International Trade Co., Yancheng Manda Pipe 8.00
Limited. Industry Co., Ltd.
Xin Yi International Trade Co., Yancheng Haohui Pipe 8.00
Limited. Fittings Co., Ltd.
Xin Yi International Trade Co., Jiangsu Haida Pipe 8.00
Limited. Fittings Group Co.,
Ltd.
Xin Yi International Trade Co., Yingkou Guangming 8.00
Limited. Pipeline Industry Co.,
Ltd.
Xin Yi International Trade Co., Shanghai Lon Au 8.00
Limited. Stainless Steel
Materials Co., Ltd.
Yingkou Guangming Pipeline Yingkou Guangming 8.00
Industry Co., Ltd. Pipeline Industry Co.,
Ltd.
Yingkou Guangming Pipeline Yancheng Jiuwei Pipe 8.00
Industry Co., Ltd. Fittings Co., Ltd.
Yingkou Guangming Pipeline Yancheng Manda Pipe 8.00
Industry Co., Ltd. Industry Co., Ltd.
Yingkou Guangming Pipeline Yancheng Haohui Pipe 8.00
Industry Co., Ltd. Fittings Co., Ltd.
Yingkou Guangming Pipeline Jiangsu Haida Pipe 8.00
Industry Co., Ltd. Fittings Group Co.,
Ltd.
Yuyao Wanlei Pipe Fitting Yuyao Wanlei Pipe 8.00
Manufacturing Co., Ltd. Fitting Manufacturing
Co., Ltd.
------------------------------------------------------------------------
China-Wide Entity \10\ 142.72
------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, for this final
determination, we will direct U.S. Customs and Border Protection (CBP)
to continue to suspend liquidation of all entries of forged steel
fittings from China, as described in Appendix I of this notice, which
are entered, or withdrawn from warehouse, for consumption on or after
May 17, 2018, the date of publication in the Federal Register of the
affirmative Preliminary Determination. Further, pursuant to section
733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to the weighted average amount by
which normal value exceeds U.S. price, as
[[Page 50341]]
indicated in the chart above as follows: (1) For the producer/exporter
combinations listed in the table above, the cash deposit rate is equal
to the estimated weighted-average dumping margin listed for that
combination in the table; (2) for all combinations of Chinese
producers/exporters of merchandise under consideration that have not
established eligibility for their own separate rates, the cash deposit
rate will be equal to the estimated weighted-average dumping margin
established for the China-wide entity; and (3) for all third-county
exporters of merchandise under consideration not listed in the table
above, the cash deposit rate is the cash deposit rate applicable to the
Chinese producer/exporter combination (or the China-wide entity) that
supplied that third-country exporter. These suspension of liquidation
instructions will remain in effect until further notice.
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).
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. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of forged steel fittings, no later than 45 days
after this final determination. If the ITC determines that such injury
does not exist, this proceeding will be terminated and all cash
deposits posted will be refunded. If the ITC determines that such
injury does exist, Commerce will 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, as discussed above in the
``Continuation of Suspension of Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice will serve as a reminder to the parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of propriety information disclosed under APO
in accordance with 19 CFR 351.305. Timely written notification of
return or 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 sanctionable violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
Dated: October 1, 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 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) 5CT, API 5L, or API 11B
Society of Automotive Engineering (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 be 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.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes from the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Application of the Special Rule for Multinational
Corporations (MNC Rule) to the Calculation for Both-Well
Comment 2: Surrogate Country Selection
Comment 3: Exclusion of Import Data With Quantities of Zero
Comment 4: Conversion of GTA Data from FOB to CIF Basis
Comment 5: Assignment of Total Adverse Facts Available to Haida
Comment 6: Correction of Ministerial Error
V. Recommendation
[FR Doc. 2018-21729 Filed 10-4-18; 8:45 am]
BILLING CODE 3510-DS-P