Cast Iron Soil Pipe From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 6767-6770 [2019-03531]

Download as PDF khammond on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 84, No. 40 / Thursday, February 28, 2019 / Notices cooperative extension programs, and research funding. Private industry uses the data to provide more effective production and distribution decisions for the agricultural community. Estimate of Burden: Public reporting burden for this collection of information is estimated to average 60 minutes per response. Respondents: Producers of horticultural specialty crops. Estimated Number of Respondents: 41,000. Estimated Total Annual Burden on Respondents: 52,000 hours. NASS plans to send out a pre-survey postcard informing the public of the upcoming survey. Along with the mail out of the questionnaires, NASS will include a cover letter with a short explanation of the need for this survey and the potential uses of the published data by data users. NASS will also provide respondents with an instruction sheet and directions on how to access the internet and complete the questionnaire on line. Operators who do not respond by mail or internet will be attempted by either phone or personal interview. The primary objectives of the National Agricultural Statistics Service are to prepare and issue State and national estimates of crop production, livestock production, economic statistics, and environmental statistics related to agriculture and to conduct the Census of Agriculture and it’s follow on surveys. Comments: Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, through the use of appropriate automated, electronic, mechanical, technological or other forms of information technology collection methods. All responses to this notice will become a matter of public record and be summarized in the request for OMB approval. Signed at Washington, DC, February 12, 2019. Kevin L. Barnes, Associate Administrator. [FR Doc. 2019–03499 Filed 2–27–19; 8:45 am] BILLING CODE 3410–20–P VerDate Sep<11>2014 17:52 Feb 27, 2019 Jkt 247001 CIVIL RIGHTS COMMISSION Sunshine Act Meeting Notice United States Commission on Civil Rights. ACTION: Notice of Commission telephonic business meeting. AGENCY: Thursday, March 7, 2019 at 10:00 a.m. ET. ADDRESSES: Meeting to take place by telephone. DATES: FOR FURTHER INFORMATION CONTACT: Brian Walch, (202) 376–8371, publicaffairs@usccr.gov. SUPPLEMENTARY INFORMATION: This business meeting is open to the public by telephone only. Participant Access Instructions: Listen Only for Public: (800) 682–9934; Conference ID: 552– 5076. Please dial in 5–10 minutes prior to the start time. Meeting Agenda I. Approval of Agenda II. Program Planning Discussion and Vote on Report: Collateral Consequences: The Crossroads of Punishment, Redemption, and the Effects on Communities III. Adjourn Meeting Dated: February 26, 2019. Brian Walch, Director, Communications and Public Engagement. [FR Doc. 2019–03707 Filed 2–26–19; 4:15 pm] BILLING CODE 6335–01–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Submission for OMB Review; Comment Request; Procedures for Submitting Request for Exclusions From the Section 232 National Security Adjustments of Imports of Steel and Aluminum The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: Bureau of Industry and Security. Title: Procedures for Submitting Request for Exclusions from the Section 232 National Security Adjustments of Imports of Steel and Aluminum. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 6767 Form Number(s): 0694–0139. OMB Control Number: 0694–0139. Type of Review: Regular submission. Estimated Total Annual Burden Hours: 387,816. Estimated Number of Respondents: 96,954. Estimated Time per Response: 4 hours. Needs and Uses: This collection of information supports Presidential Proclamations 9705 Adjusting Imports of Steel Mill Articles into the United States and 9704 Adjusting Imports of Aluminum into the United States. On March 8, 2018, the President issued Proclamations 9704 and 9705 concurring with the findings of the two reports and determining that adjusting imports through the imposition of duties on steel and aluminum is necessary so that imports of steel and aluminum will no longer threaten to impair the national security. Affected Public: Business or other forprofit organizations. Frequency: On Occasion. Respondent’s Obligation: Voluntary. This information collection request may be viewed at reginfo.gov, http:// www.reginfo.gov/public/. Follow the instructions to view Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@ omb.eop.gov. Sheleen Dumas, Departmental Lead PRA Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2019–03508 Filed 2–27–19; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–079] Cast Iron Soil Pipe From the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: E:\FR\FM\28FEN1.SGM 28FEN1 6768 Federal Register / Vol. 84, No. 40 / Thursday, February 28, 2019 / Notices The Department of Commerce (Commerce) determines that cast iron soil pipe from the People’s Republic of China (China) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is July 1, 2017, through December 31, 2017. DATES: Applicable February 28, 2019. 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: SUMMARY: Background khammond on DSKBBV9HB2PROD with NOTICES On August 31, 2018, Commerce published in the Federal Register the Preliminary Determination in the LTFV investigation of cast iron soil pipe from China.1 The sole participating mandatory respondent in this investigation is Yucheng Jiangxian Economic Development Zone HengTong Casting Co., Ltd. (HengTong). Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from December 22, 2018, through the resumption of operations on January 29, 2019. The revised deadline for the final determination of this investigation is now February 22, 2019.2 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by interested parties for this final determination, may be found in the Issues and Decision Memorandum issued concurrently with this notice.3 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and 1 See 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, 83 FR 44567 (August 31, 2018) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. 2 See Memorandum for The Record from Gary Taverman, Deputy Assistant Secretary for Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government’’ (Tolling Memorandum), dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. 3 See Commerce Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Cast Iron Soil Pipe from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 17:52 Feb 27, 2019 Jkt 247001 Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://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 http:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version are identical in content. Scope of the Investigation The products covered by this investigation is cast iron soil pipe from China. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation’’ in Appendix I of this notice. Commerce issued a scope memorandum addressing interested parties’ comments regarding scope issues presented in the case briefs and in subsequent scope comments with the Preliminary Determination.4 Commerce’s scope is unchanged from the Preliminary Determination. For further discussion, see Commerce’s Scope Memorandum. The scope in Appendix I reflects the final scope language. Analysis of Comments Received The issues raised in the case and rebuttal briefs submitted by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice at Appendix II. China-Wide Entity and Use of Adverse Facts Available As stated in the Preliminary Determination, Sibo International Limited (Sibo) was selected as a mandatory respondent and, accordingly, we issued it our antidumping duty questionnaire.5 However, Sibo never responded to our request for information. Therefore, we found that Sibo failed to demonstrate its eligibility for a separate rate, and, as a result, considered it to be part of the Chinawide entity.6 For the reasons explained in the Preliminary Determination, we continue to find that the use of adverse facts available (AFA), pursuant to sections 776(a) and (b) of the Act, is warranted in determining the rate for 4 See Commerce Memorandum, ‘‘Cast Iron Soil Pipe From People’s Republic of China: Preliminary Scope Comment Decision Memorandum,’’ dated August 24, 2018 (Scope Memorandum). 5 See Preliminary Decision Memorandum at 2. 6 Id.at 11. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 the China-wide entity, which includes Sibo, and other uncooperative respondents. China-Wide Rate In selecting the AFA rate for the China-wide entity, Commerce’s practice is to select a rate that is sufficiently adverse to ensure that the uncooperative party does not obtain a more favorable result by failing to cooperate than if it had fully cooperated.7 Specifically, it is Commerce’s practice to select, as an AFA rate, the higher of: (a) The highest dumping margin alleged in the petition; or, (b) the highest calculated dumping margin of any respondent in the investigation.8 For the final determination, we assigned the Chinawide entity, as AFA, a dumping margin of 235.93 percent. Because this rate was a calculated rate, based on a mandatory respondent’s data in this segment of the proceeding, it does not constitute secondary information and, therefore, there is no need to corroborate it. Separate Rates For the final determination, we continue to find that HengTong is eligible for a separate rate, as noted below. Section 735(c)(5)(A) of Tariff Act of 1930, as amended (the Act) provides that the estimated ‘‘all-others’’ rate shall be an amount equal to the weighted average of the estimated weightedaverage dumping margins established for exporters and producers individually investigated, excluding zero or de minimis margins, and any margins determined entirely under section 776 of Act. In this proceeding, Commerce calculated an above-de minimis rate that is not based entirely on facts available for the only responding mandatory respondent under individual examination, i.e., HengTong. Thus, consistent with our practice, we are assigning the sole mandatory respondent’s rate as the rate for non-individually examined companies that have qualified for a 7 See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Purified Carboxymethyl Cellulose from Finland, 69 FR 77216 (December 27, 2004), unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Purified Carboxymethyl Cellulose from Finland, 70 FR 28279 (May 17, 2005). 8 See, e.g., Certain Stilbenic Optical Brightening Agents from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 77 FR 17436, 17438 (March 26, 2012); Final Determination of Sales at Less Than Fair Value: Certain Cold-Rolled Flat-Rolled Carbon Quality Steel Products from the People’s Republic of China, 65 FR 34660 (May 31, 2000), and accompanying Issues and Decision Memorandum. E:\FR\FM\28FEN1.SGM 28FEN1 Federal Register / Vol. 84, No. 40 / Thursday, February 28, 2019 / Notices separate rate.9 This long-standing practice is also Court-affirmed.10 as provided in the ‘‘Final Determination’’ section below. discussion of these changes, see the Issues and Decision Memorandum. Combination Rates In the Initiation Notice,11 Commerce stated that it would calculate producer/ exporter combination rates for the respondents that are eligible for a separate rate in this investigation. Accordingly, we have assigned combination rates to certain companies, Changes Since the Preliminary Determination Based on our review and analysis of the comments received from interested parties and our findings at verification, we made certain changes to the calculation of the antidumping duty margin applicable to HengTong. For a Final Determination Commerce determines that cast iron soil pipe from China are being, or are likely to be, sold in the United States at LTFV, and that the following dumping margins exist: Weightedaverage dumping margin (percent) Producer Exporter Yucheng Jiangxian Economic Development Zone HengTong Casting Co., Ltd. Wu’An Yongtian Casting Co., Ltd ............................................ Yangcheng County Huawang Universal Spun Cast Pipe Foundry. Qinshui Shunshida Casting Co., Ltd ....................................... Wu’an Yongtian Casting Co., Ltd ............................................ Zezhou Golden Autumn Foundry Co., Ltd .............................. Qinshui Shunshida Casting Co., Ltd ....................................... Wu’an Kerui xin Machinery Manufacturing Co., Ltd ................ Wu’an Yongtian Casting Co., Ltd ............................................ Wuan City Feixiang Metal Product Co., Ltd ............................ DingXiang County YuTai Casting-Forging Co., Ltd ................ Qinshui Shunshida Casting Co., Ltd ....................................... Qinshui Shunshida Casting Co., Ltd ....................................... Zezhou Golden Autumn Foundry Co., Ltd .............................. Qinshui Shunshida Casting Co., Ltd ....................................... Qinshui Shunshida Casting Co., Ltd ....................................... Shanxi Xuanshi Industrial Group Co., Ltd ............................... Qinshui Shunshida Casting Co., Ltd ....................................... Qinshui Shunshida Casting Co., Ltd ....................................... Shanxi Chengda Special Forging Co., Ltd .............................. Wuan City Feixiang Metal Product Co., Ltd ............................ Zezhou Golden Autumn Foundry Co., Ltd .............................. Yucheng Jiangxian Economic Development Zone HengTong Casting Co., Ltd. Dalian Lino F.T.Z. Co., Ltd ...................................................... Dalian Lino F.T.Z. Co., Ltd ...................................................... 235.93 235.93 Dalian Metal I/E Co., Ltd ......................................................... Dalian Metal I/E Co., Ltd ......................................................... Dalian Metal I/E Co., Ltd ......................................................... Dinggin Hardware (Dalian) Co., Ltd ........................................ Dinggin Hardware (Dalian) Co., Ltd ........................................ Dinggin Hardware (Dalian) Co., Ltd ........................................ Dinggin Hardware (Dalian) Co., Ltd ........................................ Hebei Metals & Engineering Products Trading Co., Ltd ......... Hebei Metals & Engineering Products Trading Co., Ltd ......... Kingway Pipe Co., Ltd ............................................................. Kingway Pipe Co., Ltd ............................................................. Qinshui Shunshida Casting Co., Ltd ....................................... Shanxi Chen Xin Da Castings & Forgings Co., Ltd ................ Shanxi Xuanshi Industrial Group Co., Ltd .............................. Shanxi Zhongrui Tianyue Trading Co., Ltd ............................. Terrifour (Dalian) Trading Co., Ltd .......................................... Terrifour (Dalian) Trading Co., Ltd .......................................... Wuan City Feixiang Metal Product Co., Ltd ........................... Zezhou Golden Autumn Foundry Co., Ltd .............................. 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 235.93 CHINA-WIDE ENTITY ................................................................................................................................................................... 235.93 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 khammond on DSKBBV9HB2PROD with NOTICES 6769 9 See, e.g., Hydrofluorocarbon Blends and Components Thereof from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 81 FR 42314, 42316 (June 29, 2016) (‘‘Under section 735(c)(5)(A) of the Act, the rate for all other companies that have not been individually examined is normally an amount equal to the weighted average of the estimated weightedaverage dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely on the basis of facts available. In this final determination, {Commerce} has calculated a rate for TTI that is not zero, de minimis, or based entirely on facts available. Therefore, {Commerce} has assigned to the companies that have not been individually VerDate Sep<11>2014 17:52 Feb 27, 2019 Jkt 247001 Register, in accordance with 19 CFR 351.224(b). 235.93 In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of cast iron soil pipe from China, as described in the ‘‘Scope of the Investigation’’ section, exported by HengTong, entered or withdrawn from warehouse, for consumption on or after August 31, 2018, the date of publication of the Preliminary Determination notice in the Federal Register. To determine the cash deposit rate, Commerce normally adjusts the examined, but have demonstrated their eligibility for a separate rate, a margin of 101.82 percent, which is the rate for TTI.’’); Certain Corrosion Resistant Steel Products from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, and Final Affirmative Critical Circumstances Determination, in Part, 81 FR 35316, 35317 (June 2, 2016) (‘‘In this final determination, we calculated a weighted-average dumping margin for Yieh Phui (the only cooperating mandatory respondent) which is not zero, de minimis, or based entirely on facts available. Accordingly, we determine to use Yieh Phui’s weighted-average dumping margin as the margin for the separate rate companies.’’); Narrow Woven Ribbons with Woven Selvedge from Taiwan; Preliminary Results of Antidumping Duty Administrative Review; 2013– 2014, 80 FR 60627, 60627 (October 7, 2015) unchanged in Narrow Woven Ribbons with Woven Selvedge from Taiwan; Final Results of Antidumping Duty Administrative Review; 2013– 2014, 81 FR 22578 (April 18, 2016). 10 See, e.g., Changzhou Wujin Fine Chemical Factory Co., Ltd., v. United States, 942 F. Supp. 2d 1333, 1339 (CIT 2013); Longkou Haimeng Mach. Co. v. United States, 581 F. Supp. 2d 1344, 1357–60 (CIT 2008) (affirming Commerce’s decision to assign a 4.22 percent dumping margin to the separate rate respondents in a segment where the three mandatory respondents received dumping margins of 4.22 percent, 0.03 percent, and zero percent, respectively). 11 See Cast Iron Soil Pipe from the People’s Republic of China: Initiation of Less-Than-FairValue Investigation, 83 FR 8053 (February 23, 2018) (Initiation Notice). Continuation of Suspension of Liquidation PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\28FEN1.SGM 28FEN1 6770 Federal Register / Vol. 84, No. 40 / Thursday, February 28, 2019 / Notices khammond on DSKBBV9HB2PROD with NOTICES estimated weighted-average dumping margin by the amount of domestic subsidy pass-through and export subsidies determined in a companion countervailing duty (CVD) proceeding when CVD provisional measures are in effect. Accordingly, where Commerce makes an affirmative determination for domestic subsidy pass-through or export subsidies, Commerce offsets the calculated estimated weighted-average dumping margin by the appropriate rate(s). In this case, we have not made a preliminary affirmative determination for domestic subsidy pass-through or export subsidies. Therefore, we are not adjusting the estimated weightedaverage dumping margin for these subsidies. In addition, pursuant to section 735(c)(1)(B)(ii) of the Act, Commerce will instruct CBP to require a cash deposit equal to the weighted-average amount by which NV exceeds U.S. price as follows: (1) The cash deposit rate for the exporter/producer combination listed in the table above will be the rate identified for that combination in the table; (2) for all combinations of exporters/producers of merchandise under consideration that have not received their own separate rate above, the cash-deposit rate will be the cash deposit rate established for the Chinawide entity; and (3) for all non-Chinese exporters of the merchandise under consideration which have not received their own separate rate above, the cash deposit rate will be the cash deposit rate applicable to the Chinese exporter/ producer combination that supplied that non-Chinese exporter. These suspension of liquidation instructions will remain in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. As Commerce’s final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of cast iron soil pipe from China, or sales (or the likelihood of sales) for importation, of cast iron soil pipe from China. If the ITC determines that such injury does not exist, this proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, Commerce intends to issue an antidumping duty order directing CBP to assess, upon VerDate Sep<11>2014 17:52 Feb 27, 2019 Jkt 247001 further instruction by Commerce, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This determination is issued and published pursuant to sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c). Dated: February 22, 2019. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation is cast iron soil pipe, whether finished or unfinished, regardless of industry or proprietary specifications, and regardless of wall thickness, length, diameter, surface finish, end finish, or stenciling. The scope of this investigation includes, but is not limited to, both hubless and hub and spigot cast iron soil pipe. Cast iron soil pipe is nonmalleable iron pipe of various designs and sizes. Cast iron soil pipe is generally distinguished from other types of nonmalleable cast iron pipe by the manner in which it is connected to cast iron soil pipe fittings. Cast iron soil pipe is classified into two major types—hubless and hub and spigot. Hubless cast iron soil pipe is 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, including any revisions to those specifications. Hub and spigot pipe has one or more hubs into which the spigot (plain end) of a fitting is inserted. All pipe meeting the physical description set forth above is covered by the scope of this investigation, whether or not produced according to a particular standard. The subject imports are currently classified in subheading 7303.00.0030 of the Harmonized Tariff Schedule of the United States (HTSUS): Cast iron soil pipe. The HTSUS subheading and specifications are PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 provided for convenience and customs purposes only; the written description of the scope of this investigation is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. China-Wide Rate IV. Separate Rates V. Scope Comments VI. Adjustments for Countervailable Export Subsidies VII. Changes Since the Preliminary Determination VIII. Discussion of the Issues Comment 1: Incorporation of Minor Corrections Comment 2: Surrogate Value for Pig Iron Comment 3: Surrogate Value for Plastic Strips Comment 4: Surrogate Value for Plywood Boards Comment 5: Ocean Freight Adjustment Comment 6: Surrogate Value for Asphalt Paint Comment 7: Aberrational Surrogate Values Comment 8: Non-Refundable Value-Added Tax (VAT) IX. Recommendation [FR Doc. 2019–03531 Filed 2–27–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–080] Cast Iron Soil Pipe From the People’s Republic of China: Final Affirmative Countervailing Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of cast iron soil pipe (soil pipe) from the People’s Republic of China (China). The period of investigation is January 1, 2017, through December 31, 2017. SUMMARY: DATES: Applicable February 28, 2019. FOR FURTHER INFORMATION CONTACT: Omar Qureshi or Annathea Cook, 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) 482–5307 or (202) 482–0250, respectively. SUPPLEMENTARY INFORMATION: E:\FR\FM\28FEN1.SGM 28FEN1

Agencies

[Federal Register Volume 84, Number 40 (Thursday, February 28, 2019)]
[Notices]
[Pages 6767-6770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03531]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-079]


Cast Iron Soil Pipe From the People's Republic of China: Final 
Affirmative Determination of Sales at Less Than Fair Value

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


[[Page 6768]]


SUMMARY: The Department of Commerce (Commerce) determines that cast 
iron soil pipe from the People's Republic of China (China) is being, or 
is likely to be, sold in the United States at less than fair value 
(LTFV). The period of investigation is July 1, 2017, through December 
31, 2017.

DATES: Applicable February 28, 2019.

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:

Background

    On August 31, 2018, Commerce published in the Federal Register the 
Preliminary Determination in the LTFV investigation of cast iron soil 
pipe from China.\1\ The sole participating mandatory respondent in this 
investigation is Yucheng Jiangxian Economic Development Zone HengTong 
Casting Co., Ltd. (HengTong). Commerce exercised its discretion to toll 
all deadlines affected by the closure of the Federal Government from 
December 22, 2018, through the resumption of operations on January 29, 
2019. The revised deadline for the final determination of this 
investigation is now February 22, 2019.\2\
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    \1\ See 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, 83 FR 44567 (August 
31, 2018) (Preliminary Determination) and accompanying Preliminary 
Decision Memorandum.
    \2\ See Memorandum for The Record from Gary Taverman, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Partial 
Shutdown of the Federal Government'' (Tolling Memorandum), dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
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    A summary of the events that occurred since Commerce published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by interested parties for this final determination, may be found 
in the Issues and Decision Memorandum issued concurrently with this 
notice.\3\ The Issues and Decision Memorandum is a public document and 
is on file electronically via Enforcement and Compliance's Antidumping 
and Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://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 http://enforcement.trade.gov/frn/. The signed Issues and Decision 
Memorandum and the electronic version are identical in content.
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    \3\ See Commerce Memorandum, ``Issues and Decision Memorandum 
for the Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Cast Iron Soil Pipe from the People's Republic of 
China,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation is cast iron soil pipe 
from China. For a full description of the scope of this investigation, 
see the ``Scope of the Investigation'' in Appendix I of this notice. 
Commerce issued a scope memorandum addressing interested parties' 
comments regarding scope issues presented in the case briefs and in 
subsequent scope comments with the Preliminary Determination.\4\ 
Commerce's scope is unchanged from the Preliminary Determination. For 
further discussion, see Commerce's Scope Memorandum. The scope in 
Appendix I reflects the final scope language.
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    \4\ See Commerce Memorandum, ``Cast Iron Soil Pipe From People's 
Republic of China: Preliminary Scope Comment Decision Memorandum,'' 
dated August 24, 2018 (Scope Memorandum).
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Analysis of Comments Received

    The issues raised in the case and rebuttal briefs submitted by 
parties in this investigation are addressed in the Issues and Decision 
Memorandum. A list of the issues that parties raised, and to which we 
responded in the Issues and Decision Memorandum, is attached to this 
notice at Appendix II.

China-Wide Entity and Use of Adverse Facts Available

    As stated in the Preliminary Determination, Sibo International 
Limited (Sibo) was selected as a mandatory respondent and, accordingly, 
we issued it our antidumping duty questionnaire.\5\ However, Sibo never 
responded to our request for information. Therefore, we found that Sibo 
failed to demonstrate its eligibility for a separate rate, and, as a 
result, considered it to be part of the China-wide entity.\6\ For the 
reasons explained in the Preliminary Determination, we continue to find 
that the use of adverse facts available (AFA), pursuant to sections 
776(a) and (b) of the Act, is warranted in determining the rate for the 
China-wide entity, which includes Sibo, and other uncooperative 
respondents.
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    \5\ See Preliminary Decision Memorandum at 2.
    \6\ Id.at 11.
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China-Wide Rate

    In selecting the AFA rate for the China-wide entity, Commerce's 
practice is to select a rate that is sufficiently adverse to ensure 
that the uncooperative party does not obtain a more favorable result by 
failing to cooperate than if it had fully cooperated.\7\ Specifically, 
it is Commerce's practice to select, as an AFA rate, the higher of: (a) 
The highest dumping margin alleged in the petition; or, (b) the highest 
calculated dumping margin of any respondent in the investigation.\8\ 
For the final determination, we assigned the China-wide entity, as AFA, 
a dumping margin of 235.93 percent. Because this rate was a calculated 
rate, based on a mandatory respondent's data in this segment of the 
proceeding, it does not constitute secondary information and, 
therefore, there is no need to corroborate it.
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    \7\ See, e.g., Notice of Preliminary Determination of Sales at 
Less Than Fair Value and Postponement of Final Determination: 
Purified Carboxymethyl Cellulose from Finland, 69 FR 77216 (December 
27, 2004), unchanged in Notice of Final Determination of Sales at 
Less Than Fair Value: Purified Carboxymethyl Cellulose from Finland, 
70 FR 28279 (May 17, 2005).
    \8\ See, e.g., Certain Stilbenic Optical Brightening Agents from 
the People's Republic of China: Final Determination of Sales at Less 
Than Fair Value, 77 FR 17436, 17438 (March 26, 2012); Final 
Determination of Sales at Less Than Fair Value: Certain Cold-Rolled 
Flat-Rolled Carbon Quality Steel Products from the People's Republic 
of China, 65 FR 34660 (May 31, 2000), and accompanying Issues and 
Decision Memorandum.
---------------------------------------------------------------------------

Separate Rates

    For the final determination, we continue to find that HengTong is 
eligible for a separate rate, as noted below. Section 735(c)(5)(A) of 
Tariff Act of 1930, as amended (the Act) provides that the estimated 
``all-others'' rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding zero or de 
minimis margins, and any margins determined entirely under section 776 
of Act. In this proceeding, Commerce calculated an above-de minimis 
rate that is not based entirely on facts available for the only 
responding mandatory respondent under individual examination, i.e., 
HengTong. Thus, consistent with our practice, we are assigning the sole 
mandatory respondent's rate as the rate for non-individually examined 
companies that have qualified for a

[[Page 6769]]

separate rate.\9\ This long-standing practice is also Court-
affirmed.\10\
---------------------------------------------------------------------------

    \9\ See, e.g., Hydrofluorocarbon Blends and Components Thereof 
from the People's Republic of China: Final Determination of Sales at 
Less Than Fair Value and Final Affirmative Determination of Critical 
Circumstances, 81 FR 42314, 42316 (June 29, 2016) (``Under section 
735(c)(5)(A) of the Act, the rate for all other companies that have 
not been individually examined is normally an amount equal to the 
weighted average of the estimated weighted-average dumping margins 
established for exporters and producers individually investigated, 
excluding any zero and de minimis margins, and any margins 
determined entirely on the basis of facts available. In this final 
determination, {Commerce{time}  has calculated a rate for TTI that 
is not zero, de minimis, or based entirely on facts available. 
Therefore, {Commerce{time}  has assigned to the companies that have 
not been individually examined, but have demonstrated their 
eligibility for a separate rate, a margin of 101.82 percent, which 
is the rate for TTI.''); Certain Corrosion Resistant Steel Products 
from the People's Republic of China: Final Determination of Sales at 
Less Than Fair Value, and Final Affirmative Critical Circumstances 
Determination, in Part, 81 FR 35316, 35317 (June 2, 2016) (``In this 
final determination, we calculated a weighted-average dumping margin 
for Yieh Phui (the only cooperating mandatory respondent) which is 
not zero, de minimis, or based entirely on facts available. 
Accordingly, we determine to use Yieh Phui's weighted-average 
dumping margin as the margin for the separate rate companies.''); 
Narrow Woven Ribbons with Woven Selvedge from Taiwan; Preliminary 
Results of Antidumping Duty Administrative Review; 2013-2014, 80 FR 
60627, 60627 (October 7, 2015) unchanged in Narrow Woven Ribbons 
with Woven Selvedge from Taiwan; Final Results of Antidumping Duty 
Administrative Review; 2013-2014, 81 FR 22578 (April 18, 2016).
    \10\ See, e.g., Changzhou Wujin Fine Chemical Factory Co., Ltd., 
v. United States, 942 F. Supp. 2d 1333, 1339 (CIT 2013); Longkou 
Haimeng Mach. Co. v. United States, 581 F. Supp. 2d 1344, 1357-60 
(CIT 2008) (affirming Commerce's decision to assign a 4.22 percent 
dumping margin to the separate rate respondents in a segment where 
the three mandatory respondents received dumping margins of 4.22 
percent, 0.03 percent, and zero percent, respectively).
---------------------------------------------------------------------------

Combination Rates

    In the Initiation Notice,\11\ Commerce stated that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation. Accordingly, we 
have assigned combination rates to certain companies, as provided in 
the ``Final Determination'' section below.
---------------------------------------------------------------------------

    \11\ 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).
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
interested parties and our findings at verification, we made certain 
changes to the calculation of the antidumping duty margin applicable to 
HengTong. For a discussion of these changes, see the Issues and 
Decision Memorandum.

Final Determination

    Commerce determines that cast iron soil pipe from China are being, 
or are likely to be, sold in the United States at LTFV, and that the 
following dumping margins exist:

------------------------------------------------------------------------
                                                       Weighted- average
           Producer                    Exporter          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Yucheng Jiangxian Economic      Yucheng Jiangxian                 235.93
 Development Zone HengTong       Economic Development
 Casting Co., Ltd.               Zone HengTong
                                 Casting Co., Ltd.
Wu'An Yongtian Casting Co.,     Dalian Lino F.T.Z.                235.93
 Ltd.                            Co., Ltd.
Yangcheng County Huawang        Dalian Lino F.T.Z.                235.93
 Universal Spun Cast Pipe        Co., Ltd.
 Foundry.
Qinshui Shunshida Casting Co.,  Dalian Metal I/E Co.,             235.93
 Ltd.                            Ltd.
Wu'an Yongtian Casting Co.,     Dalian Metal I/E Co.,             235.93
 Ltd.                            Ltd.
Zezhou Golden Autumn Foundry    Dalian Metal I/E Co.,             235.93
 Co., Ltd.                       Ltd.
Qinshui Shunshida Casting Co.,  Dinggin Hardware                  235.93
 Ltd.                            (Dalian) Co., Ltd.
Wu'an Kerui xin Machinery       Dinggin Hardware                  235.93
 Manufacturing Co., Ltd.         (Dalian) Co., Ltd.
Wu'an Yongtian Casting Co.,     Dinggin Hardware                  235.93
 Ltd.                            (Dalian) Co., Ltd.
Wuan City Feixiang Metal        Dinggin Hardware                  235.93
 Product Co., Ltd.               (Dalian) Co., Ltd.
DingXiang County YuTai Casting- Hebei Metals &                    235.93
 Forging Co., Ltd.               Engineering Products
                                 Trading Co., Ltd.
Qinshui Shunshida Casting Co.,  Hebei Metals &                    235.93
 Ltd.                            Engineering Products
                                 Trading Co., Ltd.
Qinshui Shunshida Casting Co.,  Kingway Pipe Co., Ltd             235.93
 Ltd.
Zezhou Golden Autumn Foundry    Kingway Pipe Co., Ltd             235.93
 Co., Ltd.
Qinshui Shunshida Casting Co.,  Qinshui Shunshida                 235.93
 Ltd.                            Casting Co., Ltd.
Qinshui Shunshida Casting Co.,  Shanxi Chen Xin Da                235.93
 Ltd.                            Castings & Forgings
                                 Co., Ltd.
Shanxi Xuanshi Industrial       Shanxi Xuanshi                    235.93
 Group Co., Ltd.                 Industrial Group
                                 Co., Ltd.
Qinshui Shunshida Casting Co.,  Shanxi Zhongrui                   235.93
 Ltd.                            Tianyue Trading Co.,
                                 Ltd.
Qinshui Shunshida Casting Co.,  Terrifour (Dalian)                235.93
 Ltd.                            Trading Co., Ltd.
Shanxi Chengda Special Forging  Terrifour (Dalian)                235.93
 Co., Ltd.                       Trading Co., Ltd.
Wuan City Feixiang Metal        Wuan City Feixiang                235.93
 Product Co., Ltd.               Metal Product Co.,
                                 Ltd.
Zezhou Golden Autumn Foundry    Zezhou Golden Autumn              235.93
 Co., Ltd.                       Foundry Co., Ltd.
------------------------------------------------------------------------
CHINA-WIDE ENTITY....................................             235.93
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed in connection with this final determination within five days 
of any public announcement or, if there is no public announcement, 
within five days of the date of publication of the notice of final 
determination in the Federal Register, in accordance with 19 CFR 
351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all entries of cast iron soil pipe from China, 
as described in the ``Scope of the Investigation'' section, exported by 
HengTong, entered or withdrawn from warehouse, for consumption on or 
after August 31, 2018, the date of publication of the Preliminary 
Determination notice in the Federal Register.
    To determine the cash deposit rate, Commerce normally adjusts the

[[Page 6770]]

estimated weighted-average dumping margin by the amount of domestic 
subsidy pass-through and export subsidies determined in a companion 
countervailing duty (CVD) proceeding when CVD provisional measures are 
in effect. Accordingly, where Commerce makes an affirmative 
determination for domestic subsidy pass-through or export subsidies, 
Commerce offsets the calculated estimated weighted-average dumping 
margin by the appropriate rate(s). In this case, we have not made a 
preliminary affirmative determination for domestic subsidy pass-through 
or export subsidies. Therefore, we are not adjusting the estimated 
weighted-average dumping margin for these subsidies.
    In addition, pursuant to section 735(c)(1)(B)(ii) of the Act, 
Commerce will instruct CBP to require a cash deposit equal to the 
weighted-average amount by which NV exceeds U.S. price as follows: (1) 
The cash deposit rate for the exporter/producer combination listed in 
the table above will be the rate identified for that combination in the 
table; (2) for all combinations of exporters/producers of merchandise 
under consideration that have not received their own separate rate 
above, the cash-deposit rate will be the cash deposit rate established 
for the China-wide entity; and (3) for all non-Chinese exporters of the 
merchandise under consideration which have not received their own 
separate rate above, the cash deposit rate will be the cash deposit 
rate applicable to the Chinese exporter/producer combination that 
supplied that non-Chinese exporter. These suspension of liquidation 
instructions will remain in effect until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. As Commerce's final determination is 
affirmative, in accordance with section 735(b)(2) of the Act, the ITC 
will determine, within 45 days, whether the domestic industry in the 
United States is materially injured, or threatened with material 
injury, by reason of imports of cast iron soil pipe from China, or 
sales (or the likelihood of sales) for importation, of cast iron soil 
pipe from China. If the ITC determines that such injury does not exist, 
this proceeding will be terminated and all securities posted will be 
refunded or canceled. If the ITC determines that such injury does 
exist, Commerce intends to issue an antidumping duty order directing 
CBP to assess, upon further instruction by Commerce, antidumping duties 
on all imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

Notification Regarding Administrative Protective Orders

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to an APO of their responsibility concerning the destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This determination is issued and published pursuant to sections 
735(d) and 777(i) of the Act and 19 CFR 351.210(c).

    Dated: February 22, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is cast iron soil 
pipe, whether finished or unfinished, regardless of industry or 
proprietary specifications, and regardless of wall thickness, 
length, diameter, surface finish, end finish, or stenciling. The 
scope of this investigation includes, but is not limited to, both 
hubless and hub and spigot cast iron soil pipe. Cast iron soil pipe 
is nonmalleable iron pipe of various designs and sizes. Cast iron 
soil pipe is generally distinguished from other types of 
nonmalleable cast iron pipe by the manner in which it is connected 
to cast iron soil pipe fittings.
    Cast iron soil pipe is classified into two major types--hubless 
and hub and spigot. Hubless cast iron soil pipe is 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, including any 
revisions to those specifications. Hub and spigot pipe has one or 
more hubs into which the spigot (plain end) of a fitting is 
inserted. All pipe meeting the physical description set forth above 
is covered by the scope of this investigation, whether or not 
produced according to a particular standard.
    The subject imports are currently classified in subheading 
7303.00.0030 of the Harmonized Tariff Schedule of the United States 
(HTSUS): Cast iron soil pipe. The HTSUS subheading and 
specifications are provided for convenience and customs purposes 
only; the written description of the scope of this investigation is 
dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. China-Wide Rate
IV. Separate Rates
V. Scope Comments
VI. Adjustments for Countervailable Export Subsidies
VII. Changes Since the Preliminary Determination
VIII. Discussion of the Issues
    Comment 1: Incorporation of Minor Corrections
    Comment 2: Surrogate Value for Pig Iron
    Comment 3: Surrogate Value for Plastic Strips
    Comment 4: Surrogate Value for Plywood Boards
    Comment 5: Ocean Freight Adjustment
    Comment 6: Surrogate Value for Asphalt Paint
    Comment 7: Aberrational Surrogate Values
    Comment 8: Non-Refundable Value-Added Tax (VAT)
IX. Recommendation

[FR Doc. 2019-03531 Filed 2-27-19; 8:45 am]
 BILLING CODE 3510-DS-P