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]
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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
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for the agricultural community.
Estimate of Burden: Public reporting
burden for this collection of information
is estimated to average 60 minutes per
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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
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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
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(b) the accuracy of the agency’s estimate
of the burden of the proposed collection
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the use of appropriate automated,
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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
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ACTION: Notice of Commission
telephonic business meeting.
AGENCY:
Thursday, March 7, 2019 at
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ADDRESSES: Meeting to take place by
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[FR Doc. 2019–03707 Filed 2–26–19; 4:15 pm]
BILLING CODE 6335–01–P
DEPARTMENT OF COMMERCE
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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
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following proposal for collection of
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Agency: Bureau of Industry and
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Title: Procedures for Submitting
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232 National Security Adjustments of
Imports of Steel and Aluminum.
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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:
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On March 8, 2018, the President
issued Proclamations 9704 and 9705
concurring with the findings of the two
reports and determining that adjusting
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duties on steel and aluminum is
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aluminum will no longer threaten to
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Affected Public: Business or other forprofit organizations.
Frequency: On Occasion.
Respondent’s Obligation: Voluntary.
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omb.eop.gov.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
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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:
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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
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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).
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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.
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.
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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.
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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
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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
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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
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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
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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
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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:
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]]>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 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.
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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.
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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\
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\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).
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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.
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\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).
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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:
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Weighted- average
Producer Exporter dumping margin
(percent)
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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.
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CHINA-WIDE ENTITY.................................... 235.93
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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
