Cast Iron Soil Pipe From the People's Republic of China: Final Affirmative Countervailing Duty Determination, 6770-6772 [2019-03538]

Download as PDF 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 Federal Register / Vol. 84, No. 40 / Thursday, February 28, 2019 / Notices Background Commerce published the Preliminary Determination on July 2, 2018.1 In the Preliminary Determination, Commerce aligned the final CVD determination with the final determination in the companion antidumping duty investigation, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4). For a complete description of the events that followed the Preliminary Determination, see the Issues and Decision Memorandum.2 A list of topics discussed in the Issues and Decision Memorandum is included as Appendix II to this notice. 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 Decisions Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018, through the resumption of operations on January 29, 2019.3 If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. The revised deadline for the final determination is now February 22, 2019. 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 khammond on DSKBBV9HB2PROD with NOTICES 1 See Cast Iron Soil Pipe from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Duty Determination, 83 FR 30914 (July 2, 2018) (Preliminary Determination). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination of the Countervailing Duty 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). 3 See Memorandum ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. VerDate Sep<11>2014 17:52 Feb 27, 2019 Jkt 247001 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 Subsidy Programs and Comments Received The subsidy programs under investigation and the issues raised in the case briefs by parties in this investigation are discussed 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. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.5 For a full description of the methodology underlying our final determination, see the Issues and Decision Memorandum. In making these findings, Commerce relied, in part, on facts otherwise available and, because it finds that one or more respondents did not act to the best of their ability to respond to Commerce’s requests for information, Commerce drew an adverse inference where appropriate in selecting from among the facts otherwise available.6 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Issues and Decision Memorandum. Changes Since the Preliminary Determination Based on our review and analysis of the comments received from the interested parties, our findings at verification, and our post-preliminary analysis, we made certain changes to the respondents’ subsidy rate calculations. For a discussion of these changes, see the Issues and Decision Memorandum. 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 sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 6 See sections 776(a), (b), and 782(d) of the Act. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 6771 Final Determination In accordance with section 705(c)(l)(B)(i)(I) of the Act, we calculated a rate for HengTong, a producer/exporter of subject merchandise selected for individual examination in this investigation. With regard to Kingway Pipe Co., Ltd. (Kingway), for the reasons described in the Preliminary Determination, Commerce assigned a rate based entirely on adverse facts available pursuant to section 776 of the Act. No interested party commented on our preliminary decision, and so for purposes of this final determination, we continue to assign Kingway a rate based entirely on AFA. Section 705(c)(5)(A) of the Act provides that in the final determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. HengTong is the only respondent for which Commerce calculated an estimated weighted-average dumping margin that is not zero, de minimis, or based entirely on facts otherwise available. Therefore, for purposes of determining the ‘‘all-others’’ rate, and pursuant to section 735(c)(5)(A) of the Act, we are using the subsidy rate calculated for HengTong. Commerce determines that the following estimated countervailable subsidy rates exist: Company Kingway Pipe Co., Ltd .......... Yuncheng Jiangxian Economic Development Zone HengTong Casting Co., Ltd 7 ................................... All-Others .............................. Subsidy rate (percent) 109.27 14.69 14.69 Disclosure We intend to disclose the calculations performed to parties in this proceeding, for this final determination, within five days of the date of publication of our final determination, in accordance with 19 CFR 351.224(b). 7 Commerce initiated this proceeding on two respondents ‘‘Jiangxian Economic Development Zone Heng (Jiangxian) and Kingway Pipe Co Ltd (Kingway)’’ based on CBP data. We have accepted HengTong’s request to reflect its name as ‘‘Yucheng Jiangxian Economic Development Zone HengTong Casting Co., Ltd. (HengTong)’’ which is the name we have used in this proceeding. E:\FR\FM\28FEN1.SGM 28FEN1 6772 Federal Register / Vol. 84, No. 40 / Thursday, February 28, 2019 / Notices Continuation of Suspension of Liquidation As a result of our Preliminary Determination and pursuant to sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of any entries of merchandise under consideration from China that were entered, or withdrawn from warehouse, for consumption on or after July 2, 2018, which is the publication date in the Federal Register of the Preliminary Determination. In accordance with section 703(d) of the Act, we issued instructions to CBP to discontinue the suspension of liquidation for CVD purposes for subject merchandise entered, or withdrawn from warehouse, on or after November 19, 2018, but to continue the suspension of liquidation of all entries from July 2, 2018, through November 18, 2018. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty order and will require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. khammond on DSKBBV9HB2PROD with NOTICES International Trade Commission Notification In accordance with section 705(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of countervailable subsidies are being provided to producers and exporters of soil pipe from China. Because Commerce’s final determination is affirmative, in accordance with section 705(b) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports, or sales (or the likelihood of sales) for importation of soil pipe from China no later than 45 days after this final determination. If the ITC determines that such injury does not exist, this proceeding will be terminated and all cash deposits will be refunded or canceled. If the ITC determines that such injury does exist, Commerce will issue a countervailing duty order directing CBP to assess, upon further instruction by Commerce, countervailing duties on all imports of VerDate Sep<11>2014 17:52 Feb 27, 2019 Jkt 247001 the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Notification Regarding Administrative Protective Orders This notice will serve as 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. Notification to Interested Parties This determination is issued and published pursuant to sections 705(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 00008 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. Scope Comments IV. Use of Facts Otherwise Available and Adverse Inferences V. Subsidies Valuation VI. Analysis of Programs VII. Analysis of Comments VIII. Recommendation [FR Doc. 2019–03538 Filed 2–27–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request 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: National Oceanic and Atmospheric Administration (NOAA). Title: Certification of Admissibility for Fishery Products. OMB Control Number: 0648–0651. Form Number(s): None. Type of Request: Regular submission (extension of a current information collection). Number of Respondents: 90 respondents annually filing 10 responses each. Average Hours per Response: 0.17 hours (10 minutes). Burden Hours: 150 hours annually. Needs and Uses: This information is needed to confirm admissibility of certain seafood products when a nation is subject to trade restrictions imposed by the United States under the authority of the High Seas Driftnet Fishing Moratorium Protection Act or the Marine Mammal Protection Act. Affected Public: Businesses or other for-profit organizations; foreign officials; Federal government. Frequency: On each occasion of an export shipment of fish and fish products subject to the certification requirement. Respondent’s Obligation: The information is collected electronically at the time of entry filing in the Automated Commercial Environment (ACE) of U.S. Customs and Border Protection (CBP). E:\FR\FM\28FEN1.SGM 28FEN1

Agencies

[Federal Register Volume 84, Number 40 (Thursday, February 28, 2019)]
[Notices]
[Pages 6770-6772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03538]


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

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

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

SUMMARY: 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.

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: 

[[Page 6771]]

Background

    Commerce published the Preliminary Determination on July 2, 
2018.\1\ In the Preliminary Determination, Commerce aligned the final 
CVD determination with the final determination in the companion 
antidumping duty investigation, in accordance with section 705(a)(1) of 
the Act and 19 CFR 351.210(b)(4).
---------------------------------------------------------------------------

    \1\ See Cast Iron Soil Pipe from the People's Republic of China: 
Preliminary Affirmative Countervailing Duty Determination and 
Alignment of Final Determination with Final Antidumping Duty 
Determination, 83 FR 30914 (July 2, 2018) (Preliminary 
Determination).
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
Preliminary Determination, see the Issues and Decision Memorandum.\2\ A 
list of topics discussed in the Issues and Decision Memorandum is 
included as Appendix II to this notice. 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 
Decisions Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination of the Countervailing Duty 
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).
---------------------------------------------------------------------------

    Commerce exercised its discretion to toll all deadlines affected by 
the partial federal government closure from December 22, 2018, through 
the resumption of operations on January 29, 2019.\3\ If the new 
deadline falls on a non-business day, in accordance with Commerce's 
practice, the deadline will become the next business day. The revised 
deadline for the final determination is now February 22, 2019.
---------------------------------------------------------------------------

    \3\ See Memorandum ``Deadlines Affected by the Partial Shutdown 
of the Federal Government,'' dated January 28, 2019. All deadlines 
in this segment of the proceeding have been extended by 40 days.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

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

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in 
the case briefs by parties in this investigation are discussed 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.

Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce determines that there is a subsidy, i.e., a 
financial contribution by an ``authority'' that gives rise to a benefit 
to the recipient, and that the subsidy is specific.\5\ For a full 
description of the methodology underlying our final determination, see 
the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \5\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

    In making these findings, Commerce relied, in part, on facts 
otherwise available and, because it finds that one or more respondents 
did not act to the best of their ability to respond to Commerce's 
requests for information, Commerce drew an adverse inference where 
appropriate in selecting from among the facts otherwise available.\6\ 
For further information, see ``Use of Facts Otherwise Available and 
Adverse Inferences'' in the Issues and Decision Memorandum.
---------------------------------------------------------------------------

    \6\ See sections 776(a), (b), and 782(d) of the Act.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from the 
interested parties, our findings at verification, and our post-
preliminary analysis, we made certain changes to the respondents' 
subsidy rate calculations. For a discussion of these changes, see the 
Issues and Decision Memorandum.

Final Determination

    In accordance with section 705(c)(l)(B)(i)(I) of the Act, we 
calculated a rate for HengTong, a producer/exporter of subject 
merchandise selected for individual examination in this investigation. 
With regard to Kingway Pipe Co., Ltd. (Kingway), for the reasons 
described in the Preliminary Determination, Commerce assigned a rate 
based entirely on adverse facts available pursuant to section 776 of 
the Act. No interested party commented on our preliminary decision, and 
so for purposes of this final determination, we continue to assign 
Kingway a rate based entirely on AFA.
    Section 705(c)(5)(A) of the Act provides that in the final 
determination, Commerce shall determine an estimated all-others rate 
for companies not individually examined. This rate shall be an amount 
equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
zero and de minimis rates and any rates based entirely under section 
776 of the Act. HengTong is the only respondent for which Commerce 
calculated an estimated weighted-average dumping margin that is not 
zero, de minimis, or based entirely on facts otherwise available. 
Therefore, for purposes of determining the ``all-others'' rate, and 
pursuant to section 735(c)(5)(A) of the Act, we are using the subsidy 
rate calculated for HengTong.
    Commerce determines that the following estimated countervailable 
subsidy rates exist:
---------------------------------------------------------------------------

    \7\ Commerce initiated this proceeding on two respondents 
``Jiangxian Economic Development Zone Heng (Jiangxian) and Kingway 
Pipe Co Ltd (Kingway)'' based on CBP data. We have accepted 
HengTong's request to reflect its name as ``Yucheng Jiangxian 
Economic Development Zone HengTong Casting Co., Ltd. (HengTong)'' 
which is the name we have used in this proceeding.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Kingway Pipe Co., Ltd...................................          109.27
Yuncheng Jiangxian Economic Development Zone HengTong              14.69
 Casting Co., Ltd \7\...................................
All-Others..............................................           14.69
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding, for this final determination, within five days of the date 
of publication of our final determination, in accordance with 19 CFR 
351.224(b).

[[Page 6772]]

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination and pursuant to 
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs 
and Border Protection (CBP) to suspend liquidation of any entries of 
merchandise under consideration from China that were entered, or 
withdrawn from warehouse, for consumption on or after July 2, 2018, 
which is the publication date in the Federal Register of the 
Preliminary Determination. In accordance with section 703(d) of the 
Act, we issued instructions to CBP to discontinue the suspension of 
liquidation for CVD purposes for subject merchandise entered, or 
withdrawn from warehouse, on or after November 19, 2018, but to 
continue the suspension of liquidation of all entries from July 2, 
2018, through November 18, 2018.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a countervailing duty 
order and will require a cash deposit of estimated countervailing 
duties for such entries of subject merchandise in the amounts indicated 
above. If the ITC determines that material injury, or threat of 
material injury, does not exist, this proceeding will be terminated and 
all estimated duties deposited or securities posted as a result of the 
suspension of liquidation will be refunded or canceled.

International Trade Commission Notification

    In accordance with section 705(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of countervailable subsidies are being provided to 
producers and exporters of soil pipe from China. Because Commerce's 
final determination is affirmative, in accordance with section 705(b) 
of the Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports, or sales (or the 
likelihood of sales) for importation of soil pipe from China no later 
than 45 days after this final determination. If the ITC determines that 
such injury does not exist, this proceeding will be terminated and all 
cash deposits will be refunded or canceled. If the ITC determines that 
such injury does exist, Commerce will issue a countervailing duty order 
directing CBP to assess, upon further instruction by Commerce, 
countervailing duties on all imports of the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
effective date of the suspension of liquidation, as discussed above in 
the ``Continuation of Suspension of Liquidation'' section.

Notification Regarding Administrative Protective Orders

    This notice will serve as 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.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
705(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. Scope Comments
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Subsidies Valuation
VI. Analysis of Programs
VII. Analysis of Comments
VIII. Recommendation

[FR Doc. 2019-03538 Filed 2-27-19; 8:45 am]
 BILLING CODE 3510-DS-P