Forged Steel Fluid End Blocks From the Federal Republic of Germany, India, Italy and the People's Republic of China: Initiation of Countervailing Duty Investigations, 2385-2390 [2020-00490]
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Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Notices
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[FR Doc. 2020–00461 Filed 1–14–20; 8:45 am]
BILLING CODE 3510–07–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–428–848, C–533–894, C–475–841, C–570–
116]
Forged Steel Fluid End Blocks From
the Federal Republic of Germany,
India, Italy and the People’s Republic
of China: Initiation of Countervailing
Duty Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable January 8, 2020.
FOR FURTHER INFORMATION CONTACT:
Robert Palmer at (202) 482–9068
(Germany), Ethan Talbot at (202) 482–
1030 (India and Italy), and Janae Martin
at (202) 482–0238 (China), AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petitions
On December 19, 2019, the U.S.
Department of Commerce (Commerce)
received countervailing duty (CVD)
petitions concerning imports of forged
steel fluid end blocks (fluid end blocks)
from the Federal Republic of Germany
(Germany), India, Italy and the People’s
Republic of China (China), filed in
proper form on behalf of the FEB Fair
Trade Coalition, Ellwood Group,1 and
Finkl Steel 2 (collectively, the
petitioners), domestic producers of fluid
end blocks.3 The Petitions were
accompanied by antidumping duty (AD)
petitions concerning imports of fluid
end blocks from Germany, India and
Italy.4
On December 23, 2019 and January 2,
2020, Commerce requested
supplemental information pertaining to
certain aspects of the Petitions in
separate supplemental questionnaires.5
1 Ellwood City Forge Company, Ellwood Quality
Steels Company, and Ellwood National Steel
Company (collectively, the Ellwood Group).
2 A. Finkl & Sons (Finkl Steel).
3 See Petitioners’ Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties: Forged Steel Fluid End Blocks from China,
Germany, India, and Italy,’’ dated December 19,
2019 (the Petitions).
4 Id.
5 See Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping Duties on Imports of
Forged Steel Fluid End Blocks from the Federal
Republic of Germany, India, and Italy and
Countervailing Duties on Imports from the People’s
Republic of China, the Federal Republic of
Germany, India, and Italy: Supplemental
Questions,’’ (General Issues Supplemental);
‘‘Petition for the Imposition of Countervailing
Continued
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The petitioners filed responses to the
supplemental questionnaires on
December 30, 2019 through January 6,
2020.6 On January 6 and 7, 2020, the
Governments of India and Italy,
respectively, filed comments regarding
the programs alleged in the Petitions.7
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioners allege that the
Governments of Germany, India, Italy
and China are providing countervailable
subsidies, within the meaning of
sections 701 and 771(5) of the Act, to
producers of fluid end blocks in
Germany, India, Italy, and China, and
that imports of such products are
materially injuring, or threatening
material injury to, the domestic fluid
end blocks industry in the United
States. Consistent with section 702(b)(1)
of the Act and 19 CFR 351.202(b), for
those alleged programs on which we are
initiating CVD investigations, the
Petitions are accompanied by
information reasonably available to the
petitioners supporting their allegations.
Commerce finds that the petitioners
filed the Petitions on behalf of the
domestic industry, because the
petitioners are interested parties, as
defined in sections 771(9)(C) and (F) of
the Act. Commerce also finds that the
petitioners demonstrated sufficient
industry support necessary for the
initiation of the requested CVD
investigations.8
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Periods of Investigation
Because the Petitions were filed on
December 19, 2019, the periods of
Duties on Imports of Forged Steel Fluid End Blocks
from the People’s Republic of China: Supplemental
Questions;’’ ‘‘Petition for the Imposition of
Countervailing Duties on Imports of Forged Steel
Fluid End Blocks from the Federal Republic of
Germany: Supplemental Questions;’’ ‘‘Petition for
the Imposition of Countervailing Duties on Imports
of Forged Steel Fluid End Blocks from India:
Supplemental Questions;’’ and ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Forged Steel Fluid End Blocks from Italy:
Supplemental Questions,’’ all dated December 23,
2019; see also Memorandum, ‘‘Phone Call with
Counsel to the Petitioners,’’ dated January 2, 2020
(Phone Memo).
6 See Petitioners’ Letters, ‘‘Fluid End Blocks from
China, Germany, India and Italy: Amendment of
Petitions and Response to Commerce’s
Supplemental Questions,’’ dated December 30, 2019
(Petition Supplement); ‘‘Fluid End Blocks from
China, Germany, India and Italy: Second
Amendment of Petitions,’’ dated January 3, 2020;
and ‘‘Fluid End Blocks from China, Germany, India
and Italy: Third Amendment of Petitions,’’ dated
January 6, 2020.
7 See the Government of Italy’s Letter dated
January 7, 2020; see also the Government of India’s
Letter, ‘‘Pre-Initiation Consultation Note on the
Petition for Initiation of Countervailing Duty
Investigation on Forged Steel Fluid End Blocks
from India,’’ dated January 6, 2020.
8 See infra, section on ‘‘Determination of Industry
Support for the Petition.’’
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investigation (POI) are January 1, 2018
through December 31, 2018, or the most
recently completed fiscal year for the
foreign governments and all of the
companies under investigation,
provided the foreign governments and
the companies have the same fiscal year.
pertaining to the scope of the
investigations may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such submissions must
be filed on the records of the concurrent
AD and CVD investigations.
Scope of the Investigations
The products covered by these
investigations are fluid end blocks from
Germany, India, Italy and China. For a
full description of the scope of these
investigations, see the Appendix to this
notice.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized
Electronic Service System (ACCESS).14
An electronically filed document must
be received successfully in its entirety
by the time and date it is due.
Documents exempted from the
electronic submission requirements
must be filed manually (i.e., in paper
form) with Enforcement and
Compliance’s APO/Dockets Unit, Room
18022, U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230, and stamped
with the date and time of receipt by the
applicable deadlines.
Comments on the Scope of the
Investigations
During our review of the Petitions, we
contacted the petitioners regarding the
proposed scope to ensure that the scope
language in the Petitions is an accurate
reflection of the products for which the
domestic industry is seeking relief.9 As
a result, the scope of the Petitions was
modified to clarify the description of the
merchandise covered by the Petitions.10
The description of the merchandise
covered by these investigations, as
described in the Appendix to this
notice, reflects these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(scope).11 Commerce will consider all
comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determinations. If scope comments
include factual information,12 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit such comments by 5:00
p.m. Eastern Time (ET) on January 28,
2020, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on February 7, 2020,
which is 10 calendar days from the
initial comment deadline.13
Commerce requests that any factual
information parties consider relevant to
the scope of the investigations be
submitted during this period. However,
if a party subsequently finds that
additional factual information
9 See
General Issues Supplemental.
Petition Supplement.
11 See Antidumping Duties; Countervailing
Duties; Final Rule, 62 FR 27296, 27323 (May 19,
1997) (Preamble).
12 See 19 CFR 351.102(b) (21) (defining ‘‘factual
information’’).
13 See 19 CFR 351.303(b).
10 See
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Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
representatives of the Governments of
Germany, India, Italy and China of the
receipt of the Petitions and provided
them the opportunity for consultations
with respect to the Petitions.15
Consultations were held with the
Government of India on January 6, 2020,
and with the Governments of Germany
and Italy on January 8, 2020.16 The
14 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
which went into effect on August 5, 2011.
Information on help using ACCESS can be found at
https://access.trade.gov/help.aspx, and a handbook
can be found at https://access.trade.gov/help/
Handbook%20on%20Electronic%20Filling%20
Procedures.pdf.
15 See Commerce’s Letters, ‘‘Countervailing Duty
Petition on Forged Steel Fluid End Blocks from the
People’s Republic of China: Invitation for
Consultations’’ and ‘‘Countervailing Duty Petition
on Forged Steel Fluid End Blocks from the Federal
Republic of Germany: Invitation for Consultations,’’
both dated December 19, 2019; see also
‘‘Countervailable Duty Petition on Forged Steel
Fluid End Blocks from Italy: Invitations for
Consultations to Discuss the Countervailing Duty
Petition’’ and ‘‘Countervailable Duty Petition on
Forged Steel Fluid End Blocks from India:
Invitations for Consultations to Discuss the
Countervailing Duty Petition,’’ both dated
December 20, 2019.
16 See Memoranda, ‘‘Consultations with
Government Officials from India on the
Countervailing Duty Petition on Forged Steel Fluid
End Blocks from India,’’ dated January 6, 2020,
‘‘Consultations with Government Officials from the
Federal Republic of Germany and the European
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Government of China did not request
consultations.
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Determination of Industry Support for
the Petitions
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) Poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers, as a
whole, of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The International Trade
Commission (ITC), which is responsible
for determining whether ‘‘the domestic
industry’’ has been injured, must also
determine what constitutes a domestic
like product in order to define the
industry. While both Commerce and the
ITC must apply the same statutory
definition regarding the domestic like
product,17 they do so for different
purposes and pursuant to a separate and
distinct authority. In addition,
Commerce’s determination is subject to
limitations of time and information.
Although this may result in different
definitions of the like product, such
differences do not render the decision of
either agency contrary to law.18
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
Union on the Countervailing Duty Petition on
Forged Steel Fluid End Blocks from the Federal
Republic of Germany,’’ dated January 8, 2020, and
‘‘Consultations with Government Officials from
Italy and the European Union on the Countervailing
Duty Petition on Forged Steel Fluid End Blocks
from Italy,’’ dated January 8, 2020.
17 See section 771(10) of the Act.
18 See USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
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which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioners do not offer a
definition of the domestic like product
distinct from the scope of the
investigations.19 Based on our analysis
of the information submitted on the
record, we have determined that fluid
end blocks, as defined in the scope,
constitute a single domestic like
product, and we have analyzed industry
support in terms of that domestic like
product.20
In determining whether the
petitioners have standing under section
702(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petitions with reference to the
domestic like product as defined in the
‘‘Scope of the Investigations,’’ in the
Appendix to this notice. To establish
industry support, the petitioners
provided the 2018 production of the
domestic like product for the U.S.
producers that support the Petitions.21
The petitioners estimated the
production of the domestic like product
for the entire domestic industry based
on shipment/sales data, because
shipments/sales and production of fluid
end blocks correlate with one another
and shipments/sales are a reasonable
proxy for production in the fluid end
19 See Volume I of the Petitions, at 26–28; see also
Petition Supplement, at 5–7.
20 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see Countervailing Duty
Investigation Initiation Checklist: Forged Steel
Fluid End Blocks from the People’s Republic of
China (China CVD Initiation Checklist), at
Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions
Covering Forged Steel Fluid End Blocks the
People’s Republic of China, the Federal Republic of
Germany, India, and Italy (Attachment II); see also
Countervailing Duty Investigation Initiation
Checklist: Forged Steel Fluid End Blocks from the
Federal Republic of Germany (Germany CVD
Initiation Checklist), at Attachment II;
Countervailing Duty Investigation Initiation
Checklist: Forged Steel Fluid End Blocks from India
(India CVD Initiation Checklist), at Attachment II;
and Countervailing Duty Investigation Initiation
Checklist: Forged Steel Fluid End Blocks from Italy
(Italy CVD Initiation Checklist), at Attachment II.
These checklists are dated concurrently with this
notice and on file electronically via ACCESS.
Access to documents filed via ACCESS is also
available in the Central Records Unit, Room B8024
of the main Department of Commerce building.
21 See Volume I of the Petitions, at 4–5 and
Exhibit GEN–7.
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2387
blocks industry.22 The petitioners
compared the production of the
companies supporting the Petitions to
the estimated total shipments/sales of
the domestic like product for the entire
domestic industry.23 We relied on data
provided by the petitioners for purposes
of measuring industry support.24
Our review of the data provided in the
Petitions, the Petition Supplement, and
other information readily available to
Commerce indicates that the petitioners
have established industry support for
the Petitions.25 First, the Petitions
established support from domestic
producers (or workers) accounting for
more than 50 percent of the total
production of the domestic like product
and, as such, Commerce is not required
to take further action in order to
evaluate industry support (e.g.,
polling).26 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petitions
account for at least 25 percent of the
total production of the domestic like
product.27 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petitions
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petitions.28 Accordingly, Commerce
22 See Volume I of the Petitions, at 4–5 and
Exhibits GEN–1 and GEN–2; see also Petition
Supplement, at 8.
23 See Volume I of the Petitions, at 4–5 and
Exhibits GEN–1, GEN–2, GEN–3 and GEN–7; see
also Petition Supplement, at 8.
24 See Volume I of the Petitions, at 4–5 and
Exhibits GEN–1, GEN–2, GEN–3 and GEN–7; see
also Petition Supplement, at 8. For further
discussion, see China CVD Initiation Checklist, at
Attachment II; see also Germany CVD Initiation
Checklist, at Attachment II; India CVD Initiation
Checklist, at Attachment II; and Italy CVD Initiation
Checklist, at Attachment II.
25 See China CVD Initiation Checklist, at
Attachment II; see also Germany CVD Initiation
Checklist, at Attachment II; India CVD Initiation
Checklist, at Attachment II; and Italy CVD Initiation
Checklist, at Attachment II.
26 See section 702(c)(4)(D) of the Act; see also
China CVD Initiation Checklist, at Attachment II;
Germany CVD Initiation Checklist, at Attachment II;
India CVD Initiation Checklist, at Attachment II;
and Italy CVD Initiation Checklist, at Attachment II.
27 See China CVD Initiation Checklist, at
Attachment II; see also Germany CVD Initiation
Checklist, at Attachment II; India CVD Initiation
Checklist, at Attachment II; and Italy CVD Initiation
Checklist, at Attachment II.
28 See China CVD Initiation Checklist, at
Attachment II; see also Germany CVD Initiation
Checklist, at Attachment II; India CVD Initiation
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determines that the Petitions were filed
on behalf of the domestic industry,
within the meaning of section 702(b)(1)
of the Act.29
Injury Test
Because China, Germany, India, and
Italy are ‘‘Subsidies Agreement
Countries’’ within the meaning of
section 701(b) of the Act, section
701(a)(2) of the Act applies to these
investigations. Accordingly, the ITC
must determine whether imports of the
subject merchandise from China,
Germany, India and/or Italy materially
injure, or threaten material injury to, a
U.S. industry.
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Allegations and Evidence of Material
Injury and Causation
The petitioners allege that imports of
the subject merchandise are benefitting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioners
allege that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.30 In
CVD petitions, section 771(24)(B) of the
Act provides that imports of subject
merchandise from developing and least
developed countries must exceed the
negligibility threshold of four percent.
The petitioners also demonstrate that
subject imports from India, which has
been designated as a developing country
under section 771(36)(A) of the Act,
exceed the negligibility threshold of
four percent.31
The petitioners contend that the
industry’s injured condition is
illustrated by a significant and
increasing volume of subject imports;
reduced market share; underselling and
price depression or suppression; lost
sales and revenues; and a decline in the
domestic industry’s financial
performance and profitability.32 We
have assessed the allegations and
supporting evidence regarding material
injury, threat of material injury,
causation, as well as cumulation, and
we have determined that these
allegations are properly supported by
Checklist, at Attachment II; and Italy CVD Initiation
Checklist, at Attachment II.
29 See China CVD Initiation Checklist, at
Attachment II; see also Germany CVD Initiation
Checklist, at Attachment II; India CVD Initiation
Checklist, at Attachment II; and Italy CVD Initiation
Checklist, at Attachment II.
30 See Volume I of the Petitions, at 29–30 and
Exhibit GEN–2.
31 Id.
32 See Volume I of the Petitions, at 1, 25–26, 29–
45 and Exhibits GEN–2, GEN–50, and GEN–51; see
also Petition Supplement, at 9 and Exhibit SUP–
GEN–1.
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adequate evidence, and meet the
statutory requirements for initiation.33
Initiation of CVD Investigations
Based on the examination of the
Petitions and supplemental responses,
we find that they meet the requirements
of section 702 of the Act. Therefore, we
are initiating CVD investigations to
determine whether imports of fluid end
blocks from China, Germany, India, and
Italy benefit from countervailable
subsidies conferred by the Governments
of China, Germany, India, and Italy. In
accordance with section 703(b)(1) of the
Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our
preliminary determinations no later
than 65 days after the date of this
initiation.
China
Based on our review of the Petition
for China, we find that there is sufficient
information to initiate a CVD
investigation on all of the 24 alleged
programs. For a full discussion of the
basis for our decision to initiate on each
program, see China CVD Initiation
Checklist. A public version of the
initiation checklist for this investigation
is available on ACCESS.
Germany
Based on our review of the Petition
for Germany, we find that there is
sufficient information to initiate a CVD
investigation on all of the16 alleged
programs. For a full discussion of the
basis for our decision to initiate on each
program, see Germany CVD Initiation
Checklist. A public version of the
initiation checklist for this investigation
is available on ACCESS.
India
Based on our review of the Petition
for India, we find that there is sufficient
information to initiate a CVD
investigation on 25 of the 29 alleged
programs. For a full discussion of the
basis for our decision to initiate (or not
initiate) on each program, see India CVD
Initiation Checklist. A public version of
the initiation checklist for this
investigation is available on ACCESS.
33 See China CVD Initiation Checklist, at
Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Forged Steel Fluid End Blocks from the
People’s Republic of China, the Federal Republic of
Germany, India, and Italy (Attachment III); see also
Germany CVD Initiation Checklist, at Attachment
III; India CVD Initiation Checklist, at Attachment
III; and Italy CVD Initiation Checklist, at
Attachment III.
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Italy
Based on our review of the Petition
for Italy, we find that there is sufficient
information to initiate a CVD
investigation on 18 of the 20 alleged
programs. For a full discussion of the
basis for our decision to initiate (or not
initiate) on each program, see Italy CVD
Initiation Checklist. A public version of
the initiation checklist for this
investigation is available on ACCESS.
Respondent Selection
In the Petitions, the petitioner named
38 companies in China, five companies
in Germany, two companies in India,
and 18 companies in Italy, as producers/
exporters of fluid end blocks.34
In the event Commerce determines
that the number of companies in each
country is large and it cannot
individually examine each company
based upon Commerce’s resources,
where appropriate, Commerce intends
to select mandatory respondents based
on quantity and value (Q&V)
questionnaires issued to potential
respondents. Commerce normally
selects mandatory respondents in CVD
investigations using U.S. Customs and
Border Protection (CBP) entry data for
imports under the appropriate
Harmonized Tariff Schedule of the
United States (HTSUS) numbers listed
in the scope of the investigations.
However, for these investigations, the
HTSUS numbers under which the
subject merchandise would enter
(7218.91.0030, 7218.99.0030,
7224.90.0015, 7224.90.0045,
7326.19.0010, 7326.90.8688, or
8413.91.9055) are basket categories
containing a wide variety of
manufactured steel products unrelated
to fluid end blocks. We, therefore,
cannot rely on CBP entry data in
selecting respondents. Except as noted
below for India, we instead intend to
issue Q&V questionnaires to each
potential respondent for which the
petitioners have provided a complete
address.
Exporters and producers of fluid end
blocks from China, Germany and Italy
that do not receive Q&V questionnaires
by mail may still submit a response to
the Q&V questionnaire and can obtain a
copy of the Q&V questionnaire from the
Enforcement and Compliance website,
at https://trade.gov/enforcement/
news.asp. Responses to the Q&V
questionnaire must be submitted by the
relevant Chinese, German and Italian
exporters/producers no later than 5:00
p.m. ET on January 21, 2020. All Q&V
34 See
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Volume I of the Petitions, at 14–20.
15JAN1
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responses must be filed electronically
via ACCESS.
For India, the petitioner identified
two companies as producers/exporters
of fluid end blocks (i.e., Bharat Forge
Limited and Ultra Engineers) and
provided independent, third-party
information as support.35 We currently
know of no additional producers/
exporters of fluid end blocks from India.
Accordingly, Commerce intends to
examine all known producers/exporters
in the investigation for India (i.e., the
companies cited above).
Parties wishing to comment on
respondent selection for India must do
so within three business days of the
publication of this notice in the Federal
Register. Comments must be filed
electronically using ACCESS. An
electronically filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the specified deadline.
Distribution of Copies of the Petitions
In accordance with section
702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public version
of the Petitions have been provided to
the governments of Germany, India,
Italy and China via ACCESS. To the
extent practicable, we will attempt to
provide a copy of the public version of
the CVD Petitions to each exporter
named in the CVD Petitions, as
provided under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our
initiation, as required by section 702(d)
of the Act.
jbell on DSKJLSW7X2PROD with NOTICES
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the CVD Petitions were filed, whether
there is a reasonable indication that
imports of fluid end blocks from
Germany, India, Italy, and/or China are
materially injuring, or threatening
material injury to, a U.S. industry.36 A
negative ITC determination in any
country will result in the investigation
being terminated with respect to that
country.37 Otherwise, these CVD
investigations will proceed according to
statutory and regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
35 See Volume I of the Petitions, at 19 and Exhibit
GEN–2; see also Petition Supplement, at 1 and
Exhibit SUP–GEN–1.
36 See section 703(a)(2) of the Act.
37 See section 703(a)(1) of the Act.
VerDate Sep<11>2014
17:18 Jan 14, 2020
Jkt 250001
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 38 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.39 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in these
investigations.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by the
Secretary. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301.
For submissions that are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in
the letter or memorandum of the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. An extension
request must be made in a separate,
stand-alone submission; under limited
circumstances we will grant untimelyfiled requests for the extension of time
limits. Parties should review Extension
of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at
https://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to
submitting factual information in these
investigations.
38 See
39 See
PO 00000
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
Frm 00007
Fmt 4703
Sfmt 4703
2389
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.40
Parties must use the certification
formats provided in 19 CFR
351.303(g).41 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
January 22, 2008, Commerce published
Antidumping and Countervailing Duty
Proceedings: Documents Submission
Procedures; APO Procedures, 73 FR
3634 (January 22, 2008). Parties wishing
to participate in these investigations
should ensure that they meet the
requirements of these procedures (e.g.,
the filing of letters of appearance as
discussed at 19 CFR 351.103(d)).
This notice is issued and published
pursuant to sections 702(c)(2) and 777(i)
of the Act and 19 CFR 351.203(c).
Dated: January 8, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Investigations
The products covered by these
investigations are forged steel fluid end
blocks (fluid end blocks), whether in finished
or unfinished form, and which are typically
used in the manufacture or service of
hydraulic pumps.
The term ‘‘forged’’ is an industry term used
to describe the grain texture of steel resulting
from the application of localized compressive
force. Illustrative forging standards include,
but are not limited to, American Society for
Testing and Materials (ASTM) specifications
A668 and A788.
For purposes of these investigations, the
term ‘‘steel’’ denotes metal containing the
following chemical elements, by weight: (i)
Iron greater than or equal to 60 percent; (ii)
nickel less than or equal to 8.5 percent; (iii)
copper less than or equal to 6 percent; (iv)
chromium greater than or equal to 0.4
percent, but less than or equal to 20 percent;
and (v) molybdenum greater than or equal to
0.15 percent, but less than or equal to 3
percent. Illustrative steel standards include,
but are not limited to, American Iron and
Steel Institute (AISI) or Society of
40 See
section 782(b) of the Act.
Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
41 See
E:\FR\FM\15JAN1.SGM
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Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Notices
Automotive Engineers (SAE) grades 4130,
4135, 4140, 4320, 4330, 4340, 8630, 15–5,
17–4, F6NM, F22, F60, and XM25, as well as
modified varieties of these grades.
The products covered by these
investigations are: (1) Cut-to-length fluid end
blocks with an actual height (measured from
its highest point) of 8 inches (203.2 mm) to
40 inches (1,016.0 mm), an actual width
(measured from its widest point) of 8 inches
(203.2 mm) to 40 inches (1,016.0 mm), and
an actual length (measured from its longest
point) of 11 inches (279.4 mm) to 75 inches
(1,905.0 mm); and (2) strings of fluid end
blocks with an actual height (measured from
its highest point) of 8 inches (203.2 mm) to
40 inches (1,016.0 mm), an actual width
(measured from its widest point) of 8 inches
(203.2 mm) to 40 inches (1,016.0 mm), and
an actual length (measured from its longest
point) up to 360 inches (9,144.0 mm).
The products included in the scope of
these investigations have a tensile strength of
at least 70 KSI (measured in accordance with
ASTM A370) and a hardness of at least 140
HBW (measured in accordance with ASTM
E10).
A fluid end block may be imported in
finished condition (i.e., ready for
incorporation into a pump fluid end
assembly without further finishing
operations) or unfinished condition (i.e.,
forged but still requiring one or more
finishing operations before it is ready for
incorporation into a pump fluid end
assembly). Such finishing operations may
include: (1) Heat treating; (2) milling one or
more flat surfaces; (3) contour machining to
custom shapes or dimensions; (4) drilling or
boring holes; (5) threading holes; and/or (6)
painting, varnishing, or coating.
The products included in the scope of
these investigations may enter under
Harmonized Tariff Schedule of the United
States (HTSUS) subheadings 7218.91.0030,
7218.99.0030, 7224.90.0015, 7224.90.0045,
7326.19.0010, 7326.90.8688, or 8413.91.9055.
While these HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of the investigations is dispositive.
[FR Doc. 2020–00490 Filed 1–14–20; 8:45 am]
BILLING CODE 3510–DS–P
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3936 or (202) 482–3609,
respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On December 18, 2019, the U.S.
Department of Commerce (Commerce)
received an antidumping duty (AD)
petition concerning imports of 4th tier
cigarettes (cigarettes or 4th tier
cigarettes) from the Republic of Korea
(Korea), filed in proper form by the
Coalition Against Korean Cigarettes (the
Coalition or the petitioner), the
members of which are domestic
producers of cigarettes.1
On December 20, 2019, Commerce
requested supplemental information
pertaining to certain aspects of the
Petition in a supplemental
questionnaire.2 The petitioner filed its
response to the supplemental
questionnaire on December 27, 2019.3
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioner alleges that imports
of cigarettes from Korea are being, or are
likely to be, sold in the United States at
less than fair value (LTFV) within the
meaning of section 731 of the Act, and
that such imports are materially
injuring, or threatening material injury
to, the domestic industry producing
cigarettes in the United States.
Consistent with section 732(b)(1) of the
Act, the Petition is accompanied by
information reasonably available to the
petitioner supporting its allegation.
Commerce finds that the petitioner
filed the Petition on behalf of the
domestic industry, because the
petitioner is an interested party, as
defined in sections 771(9)(C) and (E) of
the Act. Commerce also finds that the
petitioner demonstrated sufficient
industry support with respect to the
initiation of the requested AD
investigation.4
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–905]
4th Tier Cigarettes From the Republic
of Korea: Initiation of Less-Than-FairValue Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
DATES:
Applicable January 7, 2020.
FOR FURTHER INFORMATION CONTACT:
Thomas Martin or Ariela Garvett, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
VerDate Sep<11>2014
17:18 Jan 14, 2020
Jkt 250001
1 See Petitioner’s Letter, ‘‘Petition for the
Imposition of Antidumping Duties on 4th Tier
Cigarettes from the Republic of Korea,’’ dated
December 18, 2019 (Petition). The members of the
Coalition are Xcaliber International and Cheyenne
International. See Volume I of the Petition, at 1.
2 See Commerce’s Letter, ‘‘Petition for the
Imposition of Antidumping Duties on Imports of
4th Tier Cigarettes from the Republic of Korea:
Supplemental Questions,’’ dated December 20, 2019
(Supplemental Questionnaire).
3 See Petitioner’s Letter, ‘‘4th Tier Cigarettes from
the Republic of Korea: Response to Department of
Commerce Questionnaire,’’ dated December 27,
2019 (Petition Supplement).
4 See infra, section on ‘‘Determination of Industry
Support for the Petition’’; Antidumping Duty
Initiation Checklist: 4th Tier Cigarettes from the
Republic of Korea (Initiation Checklist), at
Attachment II, Analysis of Industry Support for the
Antidumping Duty Petition Covering 4th Tier
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
Period of Investigation
Because the Petition was filed on
December 18, 2019, pursuant to 19 CFR
351.204(b)(1), the period of
investigation (POI) is October 1, 2018
through September 30, 2019.
Scope of the Investigation
The product covered by this
investigation is cigarettes from Korea.
For a full description of the scope of this
investigation, see the Appendix to this
notice.
Comments on the Scope of the
Investigation
During our review of the Petition, we
contacted the petitioner regarding the
proposed scope to ensure that the scope
language in the Petition is an accurate
reflection of the products for which the
domestic industry is seeking relief.5 As
a result, the scope of the Petition was
modified to clarify the description of the
merchandise covered by the Petition.
Commerce has not, however, adopted
the following language, which was
included in the scope provided by the
petitioner:
Excluded from the scope of this
investigation are cigarettes that legally bear
the valid and enforceable brand and/or
trademark of a company who is a
participating member of the Master
Settlement Agreement (MSA) of November
1998.6
This language would not actually
exclude any subject merchandise from
the scope. This is because, according to
the petitioner, the sole producer/
exporter of 4th tier cigarettes in Korea
is not a participating manufacturer in
the MSA.7 Accordingly, the language
would be unnecessary and add
confusion to the administration and
enforcement of this scope.8
In addition, the purpose of a scope in
an antidumping investigation is to
define the physical merchandise that is
being investigated and possibly sold for
less than normal value. However, the
language quoted above does not use
brands or trademarks to define the
physical merchandise proposed to be
excluded, but instead relies on brands
and trademarks to identify producers or
exporters whose products might or
might not be subject to the investigation.
This is an additional reason that we are
Cigarettes from the Republic of China (Attachment
II).
5 See Supplemental Questionnaire; see also
Petition Supplement.
6 See Petition Supplement, at Exhibit I–Supp–11.
7 See Petition Supplement, at 1, 4–5, and 9.
8 The statute provides Commerce with the sole
authority to determine the scope of its
investigations. See Canadian Solar, Inc. v. United
States, 918 F.3d 909, 917 (Fed. Cir. 2019).
E:\FR\FM\15JAN1.SGM
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Agencies
[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Notices]
[Pages 2385-2390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00490]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-428-848, C-533-894, C-475-841, C-570-116]
Forged Steel Fluid End Blocks From the Federal Republic of
Germany, India, Italy and the People's Republic of China: Initiation of
Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable January 8, 2020.
FOR FURTHER INFORMATION CONTACT: Robert Palmer at (202) 482-9068
(Germany), Ethan Talbot at (202) 482-1030 (India and Italy), and Janae
Martin at (202) 482-0238 (China), AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On December 19, 2019, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of
forged steel fluid end blocks (fluid end blocks) from the Federal
Republic of Germany (Germany), India, Italy and the People's Republic
of China (China), filed in proper form on behalf of the FEB Fair Trade
Coalition, Ellwood Group,\1\ and Finkl Steel \2\ (collectively, the
petitioners), domestic producers of fluid end blocks.\3\ The Petitions
were accompanied by antidumping duty (AD) petitions concerning imports
of fluid end blocks from Germany, India and Italy.\4\
---------------------------------------------------------------------------
\1\ Ellwood City Forge Company, Ellwood Quality Steels Company,
and Ellwood National Steel Company (collectively, the Ellwood
Group).
\2\ A. Finkl & Sons (Finkl Steel).
\3\ See Petitioners' Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties: Forged Steel Fluid End Blocks
from China, Germany, India, and Italy,'' dated December 19, 2019
(the Petitions).
\4\ Id.
---------------------------------------------------------------------------
On December 23, 2019 and January 2, 2020, Commerce requested
supplemental information pertaining to certain aspects of the Petitions
in separate supplemental questionnaires.\5\
[[Page 2386]]
The petitioners filed responses to the supplemental questionnaires on
December 30, 2019 through January 6, 2020.\6\ On January 6 and 7, 2020,
the Governments of India and Italy, respectively, filed comments
regarding the programs alleged in the Petitions.\7\
---------------------------------------------------------------------------
\5\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping Duties on Imports of Forged Steel Fluid End Blocks from
the Federal Republic of Germany, India, and Italy and Countervailing
Duties on Imports from the People's Republic of China, the Federal
Republic of Germany, India, and Italy: Supplemental Questions,''
(General Issues Supplemental); ``Petition for the Imposition of
Countervailing Duties on Imports of Forged Steel Fluid End Blocks
from the People's Republic of China: Supplemental Questions;''
``Petition for the Imposition of Countervailing Duties on Imports of
Forged Steel Fluid End Blocks from the Federal Republic of Germany:
Supplemental Questions;'' ``Petition for the Imposition of
Countervailing Duties on Imports of Forged Steel Fluid End Blocks
from India: Supplemental Questions;'' and ``Petition for the
Imposition of Countervailing Duties on Imports of Forged Steel Fluid
End Blocks from Italy: Supplemental Questions,'' all dated December
23, 2019; see also Memorandum, ``Phone Call with Counsel to the
Petitioners,'' dated January 2, 2020 (Phone Memo).
\6\ See Petitioners' Letters, ``Fluid End Blocks from China,
Germany, India and Italy: Amendment of Petitions and Response to
Commerce's Supplemental Questions,'' dated December 30, 2019
(Petition Supplement); ``Fluid End Blocks from China, Germany, India
and Italy: Second Amendment of Petitions,'' dated January 3, 2020;
and ``Fluid End Blocks from China, Germany, India and Italy: Third
Amendment of Petitions,'' dated January 6, 2020.
\7\ See the Government of Italy's Letter dated January 7, 2020;
see also the Government of India's Letter, ``Pre-Initiation
Consultation Note on the Petition for Initiation of Countervailing
Duty Investigation on Forged Steel Fluid End Blocks from India,''
dated January 6, 2020.
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that the Governments of
Germany, India, Italy and China are providing countervailable
subsidies, within the meaning of sections 701 and 771(5) of the Act, to
producers of fluid end blocks in Germany, India, Italy, and China, and
that imports of such products are materially injuring, or threatening
material injury to, the domestic fluid end blocks industry in the
United States. Consistent with section 702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs on which we are initiating CVD
investigations, the Petitions are accompanied by information reasonably
available to the petitioners supporting their allegations.
Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry, because the petitioners are interested
parties, as defined in sections 771(9)(C) and (F) of the Act. Commerce
also finds that the petitioners demonstrated sufficient industry
support necessary for the initiation of the requested CVD
investigations.\8\
---------------------------------------------------------------------------
\8\ See infra, section on ``Determination of Industry Support
for the Petition.''
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on December 19, 2019, the periods
of investigation (POI) are January 1, 2018 through December 31, 2018,
or the most recently completed fiscal year for the foreign governments
and all of the companies under investigation, provided the foreign
governments and the companies have the same fiscal year.
Scope of the Investigations
The products covered by these investigations are fluid end blocks
from Germany, India, Italy and China. For a full description of the
scope of these investigations, see the Appendix to this notice.
Comments on the Scope of the Investigations
During our review of the Petitions, we contacted the petitioners
regarding the proposed scope to ensure that the scope language in the
Petitions is an accurate reflection of the products for which the
domestic industry is seeking relief.\9\ As a result, the scope of the
Petitions was modified to clarify the description of the merchandise
covered by the Petitions.\10\ The description of the merchandise
covered by these investigations, as described in the Appendix to this
notice, reflects these clarifications.
---------------------------------------------------------------------------
\9\ See General Issues Supplemental.
\10\ See Petition Supplement.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (scope).\11\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\12\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such comments by 5:00 p.m. Eastern Time
(ET) on January 28, 2020, which is 20 calendar days from the signature
date of this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on February 7, 2020, which
is 10 calendar days from the initial comment deadline.\13\
---------------------------------------------------------------------------
\11\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\12\ See 19 CFR 351.102(b) (21) (defining ``factual
information'').
\13\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------
Commerce requests that any factual information parties consider
relevant to the scope of the investigations be submitted during this
period. However, if a party subsequently finds that additional factual
information pertaining to the scope of the investigations may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such submissions must be filed
on the records of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS).\14\ An electronically
filed document must be received successfully in its entirety by the
time and date it is due. Documents exempted from the electronic
submission requirements must be filed manually (i.e., in paper form)
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, and stamped with the date and time of receipt by the applicable
deadlines.
---------------------------------------------------------------------------
\14\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, which went into effect on August 5, 2011. Information
on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified representatives of the Governments of Germany, India, Italy
and China of the receipt of the Petitions and provided them the
opportunity for consultations with respect to the Petitions.\15\
Consultations were held with the Government of India on January 6,
2020, and with the Governments of Germany and Italy on January 8,
2020.\16\ The
[[Page 2387]]
Government of China did not request consultations.
---------------------------------------------------------------------------
\15\ See Commerce's Letters, ``Countervailing Duty Petition on
Forged Steel Fluid End Blocks from the People's Republic of China:
Invitation for Consultations'' and ``Countervailing Duty Petition on
Forged Steel Fluid End Blocks from the Federal Republic of Germany:
Invitation for Consultations,'' both dated December 19, 2019; see
also ``Countervailable Duty Petition on Forged Steel Fluid End
Blocks from Italy: Invitations for Consultations to Discuss the
Countervailing Duty Petition'' and ``Countervailable Duty Petition
on Forged Steel Fluid End Blocks from India: Invitations for
Consultations to Discuss the Countervailing Duty Petition,'' both
dated December 20, 2019.
\16\ See Memoranda, ``Consultations with Government Officials
from India on the Countervailing Duty Petition on Forged Steel Fluid
End Blocks from India,'' dated January 6, 2020, ``Consultations with
Government Officials from the Federal Republic of Germany and the
European Union on the Countervailing Duty Petition on Forged Steel
Fluid End Blocks from the Federal Republic of Germany,'' dated
January 8, 2020, and ``Consultations with Government Officials from
Italy and the European Union on the Countervailing Duty Petition on
Forged Steel Fluid End Blocks from Italy,'' dated January 8, 2020.
---------------------------------------------------------------------------
Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers, as a whole, of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\17\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\18\
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\17\ See section 771(10) of the Act.
\18\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations.\19\ Based on our analysis of the information
submitted on the record, we have determined that fluid end blocks, as
defined in the scope, constitute a single domestic like product, and we
have analyzed industry support in terms of that domestic like
product.\20\
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\19\ See Volume I of the Petitions, at 26-28; see also Petition
Supplement, at 5-7.
\20\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Countervailing Duty Investigation Initiation Checklist: Forged
Steel Fluid End Blocks from the People's Republic of China (China
CVD Initiation Checklist), at Attachment II, Analysis of Industry
Support for the Antidumping and Countervailing Duty Petitions
Covering Forged Steel Fluid End Blocks the People's Republic of
China, the Federal Republic of Germany, India, and Italy (Attachment
II); see also Countervailing Duty Investigation Initiation
Checklist: Forged Steel Fluid End Blocks from the Federal Republic
of Germany (Germany CVD Initiation Checklist), at Attachment II;
Countervailing Duty Investigation Initiation Checklist: Forged Steel
Fluid End Blocks from India (India CVD Initiation Checklist), at
Attachment II; and Countervailing Duty Investigation Initiation
Checklist: Forged Steel Fluid End Blocks from Italy (Italy CVD
Initiation Checklist), at Attachment II. These checklists are dated
concurrently with this notice and on file electronically via ACCESS.
Access to documents filed via ACCESS is also available in the
Central Records Unit, Room B8024 of the main Department of Commerce
building.
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In determining whether the petitioners have standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the Appendix to
this notice. To establish industry support, the petitioners provided
the 2018 production of the domestic like product for the U.S. producers
that support the Petitions.\21\ The petitioners estimated the
production of the domestic like product for the entire domestic
industry based on shipment/sales data, because shipments/sales and
production of fluid end blocks correlate with one another and
shipments/sales are a reasonable proxy for production in the fluid end
blocks industry.\22\ The petitioners compared the production of the
companies supporting the Petitions to the estimated total shipments/
sales of the domestic like product for the entire domestic
industry.\23\ We relied on data provided by the petitioners for
purposes of measuring industry support.\24\
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\21\ See Volume I of the Petitions, at 4-5 and Exhibit GEN-7.
\22\ See Volume I of the Petitions, at 4-5 and Exhibits GEN-1
and GEN-2; see also Petition Supplement, at 8.
\23\ See Volume I of the Petitions, at 4-5 and Exhibits GEN-1,
GEN-2, GEN-3 and GEN-7; see also Petition Supplement, at 8.
\24\ See Volume I of the Petitions, at 4-5 and Exhibits GEN-1,
GEN-2, GEN-3 and GEN-7; see also Petition Supplement, at 8. For
further discussion, see China CVD Initiation Checklist, at
Attachment II; see also Germany CVD Initiation Checklist, at
Attachment II; India CVD Initiation Checklist, at Attachment II; and
Italy CVD Initiation Checklist, at Attachment II.
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Our review of the data provided in the Petitions, the Petition
Supplement, and other information readily available to Commerce
indicates that the petitioners have established industry support for
the Petitions.\25\ First, the Petitions established support from
domestic producers (or workers) accounting for more than 50 percent of
the total production of the domestic like product and, as such,
Commerce is not required to take further action in order to evaluate
industry support (e.g., polling).\26\ Second, the domestic producers
(or workers) have met the statutory criteria for industry support under
section 702(c)(4)(A)(i) of the Act because the domestic producers (or
workers) who support the Petitions account for at least 25 percent of
the total production of the domestic like product.\27\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 702(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the Petitions account for
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the Petitions.\28\ Accordingly, Commerce
[[Page 2388]]
determines that the Petitions were filed on behalf of the domestic
industry, within the meaning of section 702(b)(1) of the Act.\29\
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\25\ See China CVD Initiation Checklist, at Attachment II; see
also Germany CVD Initiation Checklist, at Attachment II; India CVD
Initiation Checklist, at Attachment II; and Italy CVD Initiation
Checklist, at Attachment II.
\26\ See section 702(c)(4)(D) of the Act; see also China CVD
Initiation Checklist, at Attachment II; Germany CVD Initiation
Checklist, at Attachment II; India CVD Initiation Checklist, at
Attachment II; and Italy CVD Initiation Checklist, at Attachment II.
\27\ See China CVD Initiation Checklist, at Attachment II; see
also Germany CVD Initiation Checklist, at Attachment II; India CVD
Initiation Checklist, at Attachment II; and Italy CVD Initiation
Checklist, at Attachment II.
\28\ See China CVD Initiation Checklist, at Attachment II; see
also Germany CVD Initiation Checklist, at Attachment II; India CVD
Initiation Checklist, at Attachment II; and Italy CVD Initiation
Checklist, at Attachment II.
\29\ See China CVD Initiation Checklist, at Attachment II; see
also Germany CVD Initiation Checklist, at Attachment II; India CVD
Initiation Checklist, at Attachment II; and Italy CVD Initiation
Checklist, at Attachment II.
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Injury Test
Because China, Germany, India, and Italy are ``Subsidies Agreement
Countries'' within the meaning of section 701(b) of the Act, section
701(a)(2) of the Act applies to these investigations. Accordingly, the
ITC must determine whether imports of the subject merchandise from
China, Germany, India and/or Italy materially injure, or threaten
material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioners allege that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioners
allege that subject imports exceed the negligibility threshold provided
for under section 771(24)(A) of the Act.\30\ In CVD petitions, section
771(24)(B) of the Act provides that imports of subject merchandise from
developing and least developed countries must exceed the negligibility
threshold of four percent. The petitioners also demonstrate that
subject imports from India, which has been designated as a developing
country under section 771(36)(A) of the Act, exceed the negligibility
threshold of four percent.\31\
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\30\ See Volume I of the Petitions, at 29-30 and Exhibit GEN-2.
\31\ Id.
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The petitioners contend that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price depression or suppression;
lost sales and revenues; and a decline in the domestic industry's
financial performance and profitability.\32\ We have assessed the
allegations and supporting evidence regarding material injury, threat
of material injury, causation, as well as cumulation, and we have
determined that these allegations are properly supported by adequate
evidence, and meet the statutory requirements for initiation.\33\
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\32\ See Volume I of the Petitions, at 1, 25-26, 29-45 and
Exhibits GEN-2, GEN-50, and GEN-51; see also Petition Supplement, at
9 and Exhibit SUP-GEN-1.
\33\ See China CVD Initiation Checklist, at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Forged Steel Fluid End Blocks from the People's Republic of
China, the Federal Republic of Germany, India, and Italy (Attachment
III); see also Germany CVD Initiation Checklist, at Attachment III;
India CVD Initiation Checklist, at Attachment III; and Italy CVD
Initiation Checklist, at Attachment III.
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Initiation of CVD Investigations
Based on the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating CVD investigations to determine
whether imports of fluid end blocks from China, Germany, India, and
Italy benefit from countervailable subsidies conferred by the
Governments of China, Germany, India, and Italy. In accordance with
section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determinations no later than 65
days after the date of this initiation.
China
Based on our review of the Petition for China, we find that there
is sufficient information to initiate a CVD investigation on all of the
24 alleged programs. For a full discussion of the basis for our
decision to initiate on each program, see China CVD Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS.
Germany
Based on our review of the Petition for Germany, we find that there
is sufficient information to initiate a CVD investigation on all of
the16 alleged programs. For a full discussion of the basis for our
decision to initiate on each program, see Germany CVD Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS.
India
Based on our review of the Petition for India, we find that there
is sufficient information to initiate a CVD investigation on 25 of the
29 alleged programs. For a full discussion of the basis for our
decision to initiate (or not initiate) on each program, see India CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Italy
Based on our review of the Petition for Italy, we find that there
is sufficient information to initiate a CVD investigation on 18 of the
20 alleged programs. For a full discussion of the basis for our
decision to initiate (or not initiate) on each program, see Italy CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Respondent Selection
In the Petitions, the petitioner named 38 companies in China, five
companies in Germany, two companies in India, and 18 companies in
Italy, as producers/exporters of fluid end blocks.\34\
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\34\ See Volume I of the Petitions, at 14-20.
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In the event Commerce determines that the number of companies in
each country is large and it cannot individually examine each company
based upon Commerce's resources, where appropriate, Commerce intends to
select mandatory respondents based on quantity and value (Q&V)
questionnaires issued to potential respondents. Commerce normally
selects mandatory respondents in CVD investigations using U.S. Customs
and Border Protection (CBP) entry data for imports under the
appropriate Harmonized Tariff Schedule of the United States (HTSUS)
numbers listed in the scope of the investigations. However, for these
investigations, the HTSUS numbers under which the subject merchandise
would enter (7218.91.0030, 7218.99.0030, 7224.90.0015, 7224.90.0045,
7326.19.0010, 7326.90.8688, or 8413.91.9055) are basket categories
containing a wide variety of manufactured steel products unrelated to
fluid end blocks. We, therefore, cannot rely on CBP entry data in
selecting respondents. Except as noted below for India, we instead
intend to issue Q&V questionnaires to each potential respondent for
which the petitioners have provided a complete address.
Exporters and producers of fluid end blocks from China, Germany and
Italy that do not receive Q&V questionnaires by mail may still submit a
response to the Q&V questionnaire and can obtain a copy of the Q&V
questionnaire from the Enforcement and Compliance website, at https://trade.gov/enforcement/news.asp. Responses to the Q&V questionnaire must
be submitted by the relevant Chinese, German and Italian exporters/
producers no later than 5:00 p.m. ET on January 21, 2020. All Q&V
[[Page 2389]]
responses must be filed electronically via ACCESS.
For India, the petitioner identified two companies as producers/
exporters of fluid end blocks (i.e., Bharat Forge Limited and Ultra
Engineers) and provided independent, third-party information as
support.\35\ We currently know of no additional producers/exporters of
fluid end blocks from India. Accordingly, Commerce intends to examine
all known producers/exporters in the investigation for India (i.e., the
companies cited above).
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\35\ See Volume I of the Petitions, at 19 and Exhibit GEN-2; see
also Petition Supplement, at 1 and Exhibit SUP-GEN-1.
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Parties wishing to comment on respondent selection for India must
do so within three business days of the publication of this notice in
the Federal Register. Comments must be filed electronically using
ACCESS. An electronically filed document must be received successfully,
in its entirety, by ACCESS no later than 5:00 p.m. ET on the specified
deadline.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the governments of Germany, India, Italy and China via
ACCESS. To the extent practicable, we will attempt to provide a copy of
the public version of the CVD Petitions to each exporter named in the
CVD Petitions, as provided under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the CVD Petitions were filed, whether there is a reasonable
indication that imports of fluid end blocks from Germany, India, Italy,
and/or China are materially injuring, or threatening material injury
to, a U.S. industry.\36\ A negative ITC determination in any country
will result in the investigation being terminated with respect to that
country.\37\ Otherwise, these CVD investigations will proceed according
to statutory and regulatory time limits.
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\36\ See section 703(a)(2) of the Act.
\37\ See section 703(a)(1) of the Act.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \38\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\39\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\38\ See 19 CFR 351.301(b).
\39\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301. For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in the letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; under limited circumstances we will
grant untimely-filed requests for the extension of time limits. Parties
should review Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information
in these investigations.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\40\
Parties must use the certification formats provided in 19 CFR
351.303(g).\41\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\40\ See section 782(b) of the Act.
\41\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce
published Antidumping and Countervailing Duty Proceedings: Documents
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008).
Parties wishing to participate in these investigations should ensure
that they meet the requirements of these procedures (e.g., the filing
of letters of appearance as discussed at 19 CFR 351.103(d)).
This notice is issued and published pursuant to sections 702(c)(2)
and 777(i) of the Act and 19 CFR 351.203(c).
Dated: January 8, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The products covered by these investigations are forged steel
fluid end blocks (fluid end blocks), whether in finished or
unfinished form, and which are typically used in the manufacture or
service of hydraulic pumps.
The term ``forged'' is an industry term used to describe the
grain texture of steel resulting from the application of localized
compressive force. Illustrative forging standards include, but are
not limited to, American Society for Testing and Materials (ASTM)
specifications A668 and A788.
For purposes of these investigations, the term ``steel'' denotes
metal containing the following chemical elements, by weight: (i)
Iron greater than or equal to 60 percent; (ii) nickel less than or
equal to 8.5 percent; (iii) copper less than or equal to 6 percent;
(iv) chromium greater than or equal to 0.4 percent, but less than or
equal to 20 percent; and (v) molybdenum greater than or equal to
0.15 percent, but less than or equal to 3 percent. Illustrative
steel standards include, but are not limited to, American Iron and
Steel Institute (AISI) or Society of
[[Page 2390]]
Automotive Engineers (SAE) grades 4130, 4135, 4140, 4320, 4330,
4340, 8630, 15-5, 17-4, F6NM, F22, F60, and XM25, as well as
modified varieties of these grades.
The products covered by these investigations are: (1) Cut-to-
length fluid end blocks with an actual height (measured from its
highest point) of 8 inches (203.2 mm) to 40 inches (1,016.0 mm), an
actual width (measured from its widest point) of 8 inches (203.2 mm)
to 40 inches (1,016.0 mm), and an actual length (measured from its
longest point) of 11 inches (279.4 mm) to 75 inches (1,905.0 mm);
and (2) strings of fluid end blocks with an actual height (measured
from its highest point) of 8 inches (203.2 mm) to 40 inches (1,016.0
mm), an actual width (measured from its widest point) of 8 inches
(203.2 mm) to 40 inches (1,016.0 mm), and an actual length (measured
from its longest point) up to 360 inches (9,144.0 mm).
The products included in the scope of these investigations have
a tensile strength of at least 70 KSI (measured in accordance with
ASTM A370) and a hardness of at least 140 HBW (measured in
accordance with ASTM E10).
A fluid end block may be imported in finished condition (i.e.,
ready for incorporation into a pump fluid end assembly without
further finishing operations) or unfinished condition (i.e., forged
but still requiring one or more finishing operations before it is
ready for incorporation into a pump fluid end assembly). Such
finishing operations may include: (1) Heat treating; (2) milling one
or more flat surfaces; (3) contour machining to custom shapes or
dimensions; (4) drilling or boring holes; (5) threading holes; and/
or (6) painting, varnishing, or coating.
The products included in the scope of these investigations may
enter under Harmonized Tariff Schedule of the United States (HTSUS)
subheadings 7218.91.0030, 7218.99.0030, 7224.90.0015, 7224.90.0045,
7326.19.0010, 7326.90.8688, or 8413.91.9055. While these HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of the investigations is
dispositive.
[FR Doc. 2020-00490 Filed 1-14-20; 8:45 am]
BILLING CODE 3510-DS-P