Forged Steel Fluid End Blocks From the Federal Republic of Germany, India, and Italy: Initiation of Less-Than-Fair-Value Investigations, 2394-2399 [2020-00493]
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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 a
letter or memorandum setting forth 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 this
investigation.
Certification Requirements
Any party submitting factual
information in an AD or countervailing
duty proceeding must certify to the
accuracy and completeness of that
information.46 Parties must use the
certification formats provided in 19 CFR
351.303(g).47 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
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Interested parties must submit
applications for disclosure under
Administrative Protective Order (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 this investigation
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 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
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). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
47 See
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Appendix
Scope of the Investigation
The merchandise covered by this
investigation is certain tobacco cigarettes,
commonly referred to as ‘‘4th tier cigarettes.’’
The subject cigarettes are composed of a
tobacco blend rolled in paper, have a
nominal minimum total length of 7.0 cm but
do not exceed 12.0 cm in total nominal
length, and have a nominal diameter of less
than 1.3 cm. These sizes of cigarettes are
frequently referred to as ‘‘Kings’’ and
‘‘100’s,’’ but subject merchandise that meets
the physical description of the scope is
included regardless of the marketing
description of the size of the cigarettes.
Subject merchandise typically has a tobacco
blend that consists of 10% or more tobacco
stems.
Subject merchandise is typically sold in
packs of 20 cigarettes per pack which
generally includes the marking ‘‘20 Class A
Cigarettes’’ but are included regardless of
packaging. 4th tier cigarette packages are
typically sold in boxes without a rounded
internal corner and without embossed
aluminum foil inside the pack.
Both menthol and non-menthol cigarettes
and cigarettes with or without a filter
attached are covered by the scope of this
investigation.
Merchandise covered by this investigation
is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under subheading 2402.20.8000. This HTSUS
subheading is provided for convenience and
customs purposes; the written description of
the scope of the investigation is dispositive.
[FR Doc. 2020–00452 Filed 1–14–20; 8:45 am]
BILLING CODE 3510–DS–P
Notification to Interested Parties
46 See
Dated: January 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–847, A–533–893, A–475–840]
Forged Steel Fluid End Blocks From
the Federal Republic of Germany,
India, and Italy: Initiation of Less-ThanFair-Value Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable January 8, 2020.
FOR FURTHER INFORMATION CONTACT:
Jaron Moore at (202) 482–3640 or
Katherine Johnson at (202) 482–4929
(Germany), and Yang Jin Chun at (202)
482–5760 (India and Italy), AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
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The Petitions
On December 19, 2019, the U.S.
Department of Commerce (Commerce)
received antidumping duty (AD)
petitions concerning imports of forged
steel fluid end blocks (fluid end blocks)
from the Federal Republic of Germany
(Germany), India, and Italy 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 countervailing duty
(CVD) petitions concerning imports of
fluid end blocks from the People’s
Republic of China, 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
The petitioners filed responses to the
supplemental questionnaires on
December 30, 2019 through January 6,
2020.6
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioners allege that imports
of fluid end blocks from Germany,
India, and Italy are being, or are likely
to be, sold in the United States at less
than fair value (LTFV) within the
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, ‘‘Fluid End Blocks from
China, Germany, India, and Italy: Antidumping and
Countervailing Duty Petitions,’’ dated December 19,
2019 (the Petitions).
4 Id.
5 See Commerce’s Letters, ‘‘Petition for the
Imposition of Antidumping Duties on Imports of
Forged Steel Fluid End Blocks from Germany:
Supplemental Questions,’’ dated December 23,
2019; ‘‘Petition for the Imposition of Antidumping
Duties on Imports of Forged Steel Fluid End Blocks
from India: Supplemental Questions,’’ dated
December 23, 2019; ‘‘Petition for the Imposition of
Antidumping Duties on Imports of Forged Steel
Fluid End Blocks from Italy: Supplemental
Questions,’’ dated December 23, 2019; and
‘‘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,’’ dated December 23, 2019 (General
Issues Supplemental); see also Memorandum,
‘‘Phone Call with Counsel to the Petitioners,’’ dated
January 2, 2020.
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 to Antidumping and Countervailing
Duty Petitions,’’ dated January 3, 2020; and ‘‘Fluid
End Blocks from China, Germany, India, and Italy:
Third Amendment of Petitions,’’ dated January 6,
2020.
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meaning of section 731 of the Act, 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 732(b)(1)
of the Act, 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 for the initiation of the
requested AD investigations.7
Periods of Investigation
Because the Petitions were filed on
December 19, 2019, the period of
investigation (POI) for the Germany,
India, and Italy AD investigations is
October 1, 2018 through September 30,
2019, pursuant to 19 CFR
351.204(b)(1).8
Scope of the Investigations
The products covered by these
investigations are fluid end blocks from
Germany, India, and Italy. For a full
description of the scope of these
investigations, see the appendix to this
notice.
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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
(i.e., 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
7 See infra, section on ‘‘Determination of Industry
Support for the Petitions.’’
8 See 19 CFR 351.204(b)(1).
9 See General Issues Supplemental.
10 See Petition Supplement.
11 See Antidumping Duties; Countervailing
Duties, Final Rule, 62 FR 27296, 27323 (May 19,
1997) (Preamble).
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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 ten 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
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.
Comments on Product Characteristics
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of fluid end blocks to be reported in
response to Commerce’s AD
questionnaires. This information will be
12 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
13 See 19 CFR 351.303(b).
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,
effective 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.
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used to identify the key physical
characteristics of the subject
merchandise in order to report the
relevant costs of production accurately,
as well as to develop appropriate
product-comparison criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) General
product characteristics, and (2) product
comparison criteria. We note that it is
not always appropriate to use all
product characteristics as product
comparison criteria. We base product
comparison criteria on meaningful
commercial differences among products.
In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe
fluid end blocks, it may be that only a
select few product characteristics take
into account commercially meaningful
physical characteristics. In addition,
interested parties may comment on the
order in which the physical
characteristics should be used in
matching products. Generally,
Commerce attempts to list the most
important physical characteristics first
and the least important characteristics
last.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaires, all
product characteristics comments must
be filed by 5:00 p.m. ET on January 28,
2020, which is 20 calendar days from
the signature date of this notice.15 Any
rebuttal comments must be filed by 5:00
p.m. ET on February 7, 2020. All
comments and submissions to
Commerce must be filed electronically
using ACCESS, as explained above, on
the record of each of the AD
investigations.
Determination of Industry Support for
the Petitions
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(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 732(c)(4)(D)
of the Act provides that, if the petition
15 See
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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,16 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.17
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.18 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.19
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16 See
section 771(10) of the Act.
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)).
18 See Volume I of the Petitions, at 26–28; see also
Petition Supplement, at 5–7.
19 For a discussion of the domestic like product
analysis as applied to these cases and information
17 See
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In determining whether the
petitioners have standing under section
732(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.20
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.21 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.22 We relied on data
provided by the petitioners for purposes
of measuring industry support.23
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.24 First, the Petitions
established support from domestic
producers (or workers) accounting for
regarding industry support, see Antidumping Duty
Investigation Initiation Checklist: Forged Steel
Fluid End Blocks from the Federal Republic of
Germany (Germany AD 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
Antidumping Duty Investigation Initiation
Checklist: Forged Steel Fluid End Blocks from India
(India AD Initiation Checklist), at Attachment II;
and Antidumping Duty Investigation Initiation
Checklist: Forged Steel Fluid End Blocks from Italy
(Italy AD 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 Commerce building.
20 See Volume I of the Petitions, at 4–5 and
Exhibit GEN–7.
21 See Volume I of the Petitions, at 4–5 and
Exhibits GEN–1 and GEN–2; see also Petition
Supplement, at 8.
22 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.
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. For further
discussion, see Germany AD Initiation Checklist, at
Attachment II; see also India AD Initiation
Checklist, at Attachment II; and Italy AD Initiation
Checklist, at Attachment II.
24 See Germany AD Initiation Checklist, at
Attachment II; see also India AD Initiation
Checklist, at Attachment II; and Italy AD Initiation
Checklist, at Attachment II.
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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).25 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(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.26 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(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.27 Accordingly, Commerce
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 732(b)(1)
of the Act.28
Allegations and Evidence of Material
Injury and Causation
The petitioners allege that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
the petitioners allege that subject
imports exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.29
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.30 We
have assessed the allegations and
supporting evidence regarding material
injury, threat of material injury,
causation, as well as cumulation, and
25 See section 732(c)(4)(D) of the Act; see also
Germany AD Initiation Checklist, at Attachment II;
India AD Initiation Checklist, at Attachment II; and
Italy AD Initiation Checklist, at Attachment II.
26 See Germany AD Initiation Checklist, at
Attachment II; see also India AD Initiation
Checklist, at Attachment II; and Italy AD Initiation
Checklist, at Attachment II.
27 Id.
28 Id.
29 See Volume I of the Petitions, at 29–30 and
Exhibit GEN–2.
30 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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we have determined that these
allegations are properly supported by
adequate evidence, and meet the
statutory requirements for initiation.31
Allegations of Sales at LTFV
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
AD investigations of imports of fluid
end blocks from Germany, India, and
Italy. The sources of data for the
deductions and adjustments relating to
U.S. price and normal value (NV) are
discussed in greater detail in the
country-specific AD Initiation
Checklists.
Export Price
The petitioners based export price
(EP) on pricing information for sales of
or sales offers for fluid end blocks
produced in, and exported from
Germany, India, and Italy. For Germany
and Italy, the petitioners deducted from
U.S. price international freight expenses
and import duties.32 For India, the
petitioners deducted from U.S. price
foreign inland freight and foreign
brokerage and handling expenses,
international freight expenses, and
import duties.33
Normal Value
The petitioners were unable to obtain
pricing information for fluid end blocks
produced in and sold, or offered for
sale, in Germany, India, or Italy or in
third country markets.34 The petitioners
therefore calculated NV based on
constructed value (CV).35 For further
discussion of CV, see the section
‘‘Normal Value Based on Constructed
Value’’ below.36
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Normal Value Based on Constructed
Value
Pursuant to section 773(e) of the Act,
CV consists of the cost of manufacturing
(COM), selling, general, and
31 See Germany AD 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
India AD Initiation Checklist, at Attachment III; and
Italy AD Initiation Checklist, at Attachment III.
32 See Germany, India, and Italy AD Initiation
Checklists.
33 Id.
34 See Germany, India, and Italy AD Initiation
Checklists.
35 Id.
36 In accordance with 773(b)(2) of the Act, for
these investigations, Commerce will request
information necessary to calculate the CV and cost
of production (COP) to determine whether there are
reasonable grounds to believe or suspect that sales
of the foreign like product have been made at prices
that represent less than the COP of the product.
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administrative (SG&A) expenses,
financial expenses, and profit. For
Germany, India and Italy, the petitioners
calculated the COM based on input
factors of production and usage rates of
a U.S. producer of fluid end blocks. The
input factors of production were valued
using publicly available data on costs
specific to Germany, India and Italy
during the proposed POI.37 Specifically,
the prices for raw materials and energy
inputs were valued using publicly
available import and domestic price
data for Germany, India and Italy.38
Labor costs were valued using publicly
available sources for Germany, India,
and Italy.39 Overhead costs were valued
using the experience of a U.S. producer
of fluid end blocks. The petitioners
calculated SG&A expenses, financial
expenses, and profit for Germany, India,
and Italy based on the ratios found in
the experience of a producer of
comparable or identical merchandise
from Germany, India, and Italy,
respectively.40
Fair Value Comparisons
Based on the data provided by the
petitioners, there is reason to believe
that imports of fluid end blocks from
Germany, India, and Italy are being, or
are likely to be, sold in the United States
at LTFV. Based on comparisons of EP to
CV in accordance with sections 772 and
773 of the Act, the estimated dumping
margins for fluid end blocks for each of
the countries covered by this initiation
are as follows: (1) Germany—83.37
percent; 41 (2) India—198.85 percent; 42
and (3) Italy—87.04 percent.43
Initiation of LTFV Investigations
Based upon the examination of the
Petitions and supplemental responses,
we find that they meet the requirements
of section 732 of the Act. Therefore, we
are initiating AD investigations to
determine whether imports of fluid end
blocks from Germany, India, and Italy
are being, or are likely to be, sold in the
United States at LTFV. In accordance
with section 733(b)(1)(A) of the Act and
19 CFR 351.205(b)(1), unless postponed,
we will make our preliminary
determinations no later than 140 days
after the date of this initiation.
37 See Germany, India, and Italy AD Initiation
Checklists.
38 Id.
39 Id.
40 Id.
41 See Germany AD Initiation Checklist.
42 See India AD Initiation Checklist.
43 See Italy AD Initiation Checklist.
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Respondent Selection
In the Petitions, the petitioners named
five companies in Germany,44 two
companies in India,45 and 18 companies
in Italy 46 as producers/exporters of
fluid end blocks.
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. Following standard
practice in AD investigations involving
market economy countries, Commerce
would normally select respondents
based on 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 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 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 German and Italian exporters/
producers no later than 5:00 p.m. ET on
January 21, 2020. All Q&V responses
must be filed electronically via
ACCESS.
For India, the petitioners identified
two companies as producers/exporters
of fluid end blocks (i.e., Bharat Forge
Limited and Ultra Engineers) and
provided independent, third-party
44 See
Volume I of the Petitions, at 18.
at 19.
46 Id. at 19–20.
45 Id.
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information as support.47 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
Commerce’s electronic records system,
ACCESS, by 5:00 p.m. ET on the
specified deadline.
Distribution of Copies of the AD
Petitions
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the AD Petitions have been provided
to the governments of Germany, India,
and Italy via ACCESS. To the extent
practicable, we will attempt to provide
a copy of the public version of the AD
Petitions to each exporter named in the
AD Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
We will notify the ITC of our
initiation, as required by section 732(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 AD Petitions were filed, whether
there is a reasonable indication that
imports of fluid end blocks from
Germany, India, and/or Italy are
materially injuring, or threatening
material injury to, a U.S. industry.48 A
negative ITC determination for any
country will result in the investigation
being terminated with respect to that
country.49 Otherwise, these AD
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
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
47 See Volume I of the Petitions, at 19 and Exhibit
GEN–2; see also Petition Supplement, at 1 and
Exhibit SUP–GEN–1.
48 See section 733(a) of the Act.
49 Id.
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17:18 Jan 14, 2020
Jkt 250001
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 50 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.51 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.
Particular Market Situation Allegation
Section 504 of the Trade Preferences
Extension Act of 2015 amended the Act
by adding the concept of particular
market situation (PMS) for purposes of
CV under section 773(e) of the Act.52
Section 773(e) of the Act states that ‘‘if
a particular market situation exists such
that the cost of materials and fabrication
or other processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act nor
19 CFR 351.301(c)(2)(v) set a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of a
respondent’s initial section D
questionnaire response.
50 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
52 See Trade Preferences Extension Act of 2015,
Public Law 114–27, 129 Stat. 362 (2015).
51 See
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
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
Commerce. 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 a
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.
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.53
Parties must use the certification
formats provided in 19 CFR
351.303(g).54 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.,
53 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). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
54 See
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the filing of letters of appearance as
discussed at 19 CFR 351.103(d)).
This notice is issued and published
pursuant to sections 732(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.
jbell on DSKJLSW7X2PROD with NOTICES
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
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
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17:18 Jan 14, 2020
Jkt 250001
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. 2020–00493 Filed 1–14–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–030]
Certain Cold-Rolled Steel Flat Products
From the People’s Republic of China:
Rescission of Countervailing Duty
Administrative Review; 2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
countervailing duty order on certain
cold-rolled steel flat products from the
People’s Republic of China (China) for
the period of review (POR) January 1,
2018, through December 31, 2018.
DATES: Applicable January 15, 2020.
FOR FURTHER INFORMATION CONTACT: John
C. McGowan or Glenn T. Bass Jr., AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3019 or (202) 482–8338,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2019, Commerce published
in the Federal Register a notice of
opportunity to request an administrative
review of the countervailing duty order
on certain cold-rolled steel flat products
from China.1 On July 31, 2019,
Commerce received a timely request for
review from ArcelorMittal USA LLC,
California Steel Industries, Inc., Nucor
Corporation, Steel Dynamics, Inc., and
United States Steel Corporation
(collectively, the petitioners) and Mitsui
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 84 FR 31295
(July 1, 2019).
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
2399
& Co. (U.S.A) Inc. (Mitsui) (an interested
party). 2 The petitioners and Mitsui each
filed their request for review in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.213(b). No other
interested party requested an
administrative review of any company
for this segment of the proceeding.
On September 9, 2019, Commerce
published in the Federal Register a
notice of initiation with respect to the
12 companies.3 On December 4 and 6,
2019, the petitioners and Mitsui timely
withdrew their requests for an
administrative review for all companies
for which each had initially requested a
review.4
Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation of the requested
review. As noted above, the petitioners
and Mitsui withdrew their requests for
review for all companies by the 90-day
deadline, and no other party requested
an administrative review of this order.
Accordingly, Commerce is rescinding
the administrative review of the
antidumping duty order on certain coldrolled steel flat products from China
covering the period January 1, 2018,
through December 31, 2018, in its
entirety.
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
countervailing duties on all appropriate
entries at a rate equal to the cash deposit
of estimated countervailing duties
required at the time of entry, or
2 See Petitioners’ Letter, ‘‘Cold-Rolled Steel Flat
Products from the People’s Republic of China:
Request for Administrative Review of
Countervailing Duty Order,’’ July 31, 2019; and
Letter from Mitsui, ‘‘Certain Cold-Rolled Steel Flat
Products from China: Request for Administrative
Review,’’ dated July 31, 2019. We note that Mitsui,
as the petitioners, requested review of Hoa Sen
Group and Tong Dong A Corporation.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
47242, 47252 (September 9, 2019).
4 See Petitioners’ Letter, ‘‘Certain Cold-Rolled
Steel Flat Products from the People’s Republic of
China: Withdrawal of Request for Administrative
Review of Countervailing Duty Order,’’ dated
December 6, 2019; Letter from Mitsui, ‘‘Certain
Corrosion-Resistant Steel Products from the
People’s Republic of China: Withdrawal of Review
Request of Countervailing Duty Order,’’ dated
December 6, 2019; and Memorandum,
‘‘Countervailing Duty Administrative Review of
Certain Cold-Rolled Steel Flat Products from the
People’s Republic of China: Clarification of Mitsui
& Co. (U.S.A.) Inc.’s December 6, 2019 Withdrawal
of Review Request,’’ dated December 20, 2019.
E:\FR\FM\15JAN1.SGM
15JAN1
]]>Agencies
[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Notices]
[Pages 2394-2399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00493]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-847, A-533-893, A-475-840]
Forged Steel Fluid End Blocks From the Federal Republic of
Germany, India, and Italy: Initiation of Less-Than-Fair-Value
Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable January 8, 2020.
FOR FURTHER INFORMATION CONTACT: Jaron Moore at (202) 482-3640 or
Katherine Johnson at (202) 482-4929 (Germany), and Yang Jin Chun at
(202) 482-5760 (India and Italy), 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 antidumping duty (AD) petitions concerning imports of forged
steel fluid end blocks (fluid end blocks) from the Federal Republic of
Germany (Germany), India, and Italy 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 countervailing duty (CVD)
petitions concerning imports of fluid end blocks from the People's
Republic of China, 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, ``Fluid End Blocks from China,
Germany, India, and Italy: Antidumping and Countervailing Duty
Petitions,'' 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\ The petitioners filed
responses to the supplemental questionnaires on December 30, 2019
through January 6, 2020.\6\
---------------------------------------------------------------------------
\5\ See Commerce's Letters, ``Petition for the Imposition of
Antidumping Duties on Imports of Forged Steel Fluid End Blocks from
Germany: Supplemental Questions,'' dated December 23, 2019;
``Petition for the Imposition of Antidumping Duties on Imports of
Forged Steel Fluid End Blocks from India: Supplemental Questions,''
dated December 23, 2019; ``Petition for the Imposition of
Antidumping Duties on Imports of Forged Steel Fluid End Blocks from
Italy: Supplemental Questions,'' dated December 23, 2019; and
``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,'' dated December 23, 2019
(General Issues Supplemental); see also Memorandum, ``Phone Call
with Counsel to the Petitioners,'' dated January 2, 2020.
\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 to Antidumping and Countervailing
Duty Petitions,'' dated January 3, 2020; and ``Fluid End Blocks from
China, Germany, India, and Italy: Third Amendment of Petitions,''
dated January 6, 2020.
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of fluid end
blocks from Germany, India, and Italy are being, or are likely to be,
sold in the United States at less than fair value (LTFV) within the
[[Page 2395]]
meaning of section 731 of the Act, 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 732(b)(1) of the Act, 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 for the initiation of the requested AD investigations.\7\
---------------------------------------------------------------------------
\7\ See infra, section on ``Determination of Industry Support
for the Petitions.''
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on December 19, 2019, the period
of investigation (POI) for the Germany, India, and Italy AD
investigations is October 1, 2018 through September 30, 2019, pursuant
to 19 CFR 351.204(b)(1).\8\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------
Scope of the Investigations
The products covered by these investigations are fluid end blocks
from Germany, India, and Italy. 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 (i.e., 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 ten 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, effective 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.
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of fluid end blocks to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant costs of production
accurately, as well as to develop appropriate product-comparison
criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics, and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe fluid end blocks, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, Commerce attempts to list the most important
physical characteristics first and the least important characteristics
last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on January 28,
2020, which is 20 calendar days from the signature date of this
notice.\15\ Any rebuttal comments must be filed by 5:00 p.m. ET on
February 7, 2020. All comments and submissions to Commerce must be
filed electronically using ACCESS, as explained above, on the record of
each of the AD investigations.
---------------------------------------------------------------------------
\15\ See 19 CFR 351.303(b).
---------------------------------------------------------------------------
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(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 732(c)(4)(D) of
the Act provides that, if the petition
[[Page 2396]]
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,\16\ 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.\17\
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\16\ See section 771(10) of the Act.
\17\ 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.\18\ 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.\19\
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\18\ See Volume I of the Petitions, at 26-28; see also Petition
Supplement, at 5-7.
\19\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Antidumping Duty Investigation Initiation Checklist: Forged
Steel Fluid End Blocks from the Federal Republic of Germany (Germany
AD 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 Antidumping Duty Investigation Initiation Checklist:
Forged Steel Fluid End Blocks from India (India AD Initiation
Checklist), at Attachment II; and Antidumping Duty Investigation
Initiation Checklist: Forged Steel Fluid End Blocks from Italy
(Italy AD 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 Commerce
building.
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In determining whether the petitioners have standing under section
732(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.\20\ 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.\21\ 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.\22\ We relied on data provided by the petitioners for
purposes of measuring industry support.\23\
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\20\ See Volume I of the Petitions, at 4-5 and Exhibit GEN-7.
\21\ See Volume I of the Petitions, at 4-5 and Exhibits GEN-1
and GEN-2; see also Petition Supplement, at 8.
\22\ 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.
\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. For
further discussion, see Germany AD Initiation Checklist, at
Attachment II; see also India AD Initiation Checklist, at Attachment
II; and Italy AD 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.\24\ 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).\25\ Second, the domestic producers
(or workers) have met the statutory criteria for industry support under
section 732(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.\26\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 732(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.\27\ Accordingly, Commerce determines that
the Petitions were filed on behalf of the domestic industry within the
meaning of section 732(b)(1) of the Act.\28\
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\24\ See Germany AD Initiation Checklist, at Attachment II; see
also India AD Initiation Checklist, at Attachment II; and Italy AD
Initiation Checklist, at Attachment II.
\25\ See section 732(c)(4)(D) of the Act; see also Germany AD
Initiation Checklist, at Attachment II; India AD Initiation
Checklist, at Attachment II; and Italy AD Initiation Checklist, at
Attachment II.
\26\ See Germany AD Initiation Checklist, at Attachment II; see
also India AD Initiation Checklist, at Attachment II; and Italy AD
Initiation Checklist, at Attachment II.
\27\ Id.
\28\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioners allege that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\29\
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\29\ See Volume I of the Petitions, at 29-30 and Exhibit GEN-2.
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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.\30\ We have assessed the
allegations and supporting evidence regarding material injury, threat
of material injury, causation, as well as cumulation, and
[[Page 2397]]
we have determined that these allegations are properly supported by
adequate evidence, and meet the statutory requirements for
initiation.\31\
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\30\ 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.
\31\ See Germany AD 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 India AD Initiation Checklist, at Attachment III; and
Italy AD Initiation Checklist, at Attachment III.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate AD investigations of
imports of fluid end blocks from Germany, India, and Italy. The sources
of data for the deductions and adjustments relating to U.S. price and
normal value (NV) are discussed in greater detail in the country-
specific AD Initiation Checklists.
Export Price
The petitioners based export price (EP) on pricing information for
sales of or sales offers for fluid end blocks produced in, and exported
from Germany, India, and Italy. For Germany and Italy, the petitioners
deducted from U.S. price international freight expenses and import
duties.\32\ For India, the petitioners deducted from U.S. price foreign
inland freight and foreign brokerage and handling expenses,
international freight expenses, and import duties.\33\
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\32\ See Germany, India, and Italy AD Initiation Checklists.
\33\ Id.
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Normal Value
The petitioners were unable to obtain pricing information for fluid
end blocks produced in and sold, or offered for sale, in Germany,
India, or Italy or in third country markets.\34\ The petitioners
therefore calculated NV based on constructed value (CV).\35\ For
further discussion of CV, see the section ``Normal Value Based on
Constructed Value'' below.\36\
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\34\ See Germany, India, and Italy AD Initiation Checklists.
\35\ Id.
\36\ In accordance with 773(b)(2) of the Act, for these
investigations, Commerce will request information necessary to
calculate the CV and cost of production (COP) to determine whether
there are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product.
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Normal Value Based on Constructed Value
Pursuant to section 773(e) of the Act, CV consists of the cost of
manufacturing (COM), selling, general, and administrative (SG&A)
expenses, financial expenses, and profit. For Germany, India and Italy,
the petitioners calculated the COM based on input factors of production
and usage rates of a U.S. producer of fluid end blocks. The input
factors of production were valued using publicly available data on
costs specific to Germany, India and Italy during the proposed POI.\37\
Specifically, the prices for raw materials and energy inputs were
valued using publicly available import and domestic price data for
Germany, India and Italy.\38\ Labor costs were valued using publicly
available sources for Germany, India, and Italy.\39\ Overhead costs
were valued using the experience of a U.S. producer of fluid end
blocks. The petitioners calculated SG&A expenses, financial expenses,
and profit for Germany, India, and Italy based on the ratios found in
the experience of a producer of comparable or identical merchandise
from Germany, India, and Italy, respectively.\40\
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\37\ See Germany, India, and Italy AD Initiation Checklists.
\38\ Id.
\39\ Id.
\40\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of fluid end blocks from Germany, India, and Italy
are being, or are likely to be, sold in the United States at LTFV.
Based on comparisons of EP to CV in accordance with sections 772 and
773 of the Act, the estimated dumping margins for fluid end blocks for
each of the countries covered by this initiation are as follows: (1)
Germany--83.37 percent; \41\ (2) India--198.85 percent; \42\ and (3)
Italy--87.04 percent.\43\
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\41\ See Germany AD Initiation Checklist.
\42\ See India AD Initiation Checklist.
\43\ See Italy AD Initiation Checklist.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating AD investigations to determine
whether imports of fluid end blocks from Germany, India, and Italy are
being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of this
initiation.
Respondent Selection
In the Petitions, the petitioners named five companies in
Germany,\44\ two companies in India,\45\ and 18 companies in Italy \46\
as producers/exporters of fluid end blocks.
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\44\ See Volume I of the Petitions, at 18.
\45\ Id. at 19.
\46\ Id. at 19-20.
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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. Following standard
practice in AD investigations involving market economy countries,
Commerce would normally select respondents based on 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 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 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 German and Italian exporters/producers no
later than 5:00 p.m. ET on January 21, 2020. All Q&V responses must be
filed electronically via ACCESS.
For India, the petitioners identified two companies as producers/
exporters of fluid end blocks (i.e., Bharat Forge Limited and Ultra
Engineers) and provided independent, third-party
[[Page 2398]]
information as support.\47\ 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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\47\ 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 Commerce's electronic records system, ACCESS, by
5:00 p.m. ET on the specified deadline.
Distribution of Copies of the AD Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the AD Petitions have been
provided to the governments of Germany, India, and Italy via ACCESS. To
the extent practicable, we will attempt to provide a copy of the public
version of the AD Petitions to each exporter named in the AD Petitions,
as provided under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the AD Petitions were filed, whether there is a reasonable
indication that imports of fluid end blocks from Germany, India, and/or
Italy are materially injuring, or threatening material injury to, a
U.S. industry.\48\ A negative ITC determination for any country will
result in the investigation being terminated with respect to that
country.\49\ Otherwise, these AD investigations will proceed according
to statutory and regulatory time limits.
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\48\ See section 733(a) of the Act.
\49\ Id.
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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 \50\ 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.\51\ 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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\50\ See 19 CFR 351.301(b).
\51\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 504 of the Trade Preferences Extension Act of 2015 amended
the Act by adding the concept of particular market situation (PMS) for
purposes of CV under section 773(e) of the Act.\52\ Section 773(e) of
the Act states that ``if a particular market situation exists such that
the cost of materials and fabrication or other processing of any kind
does not accurately reflect the cost of production in the ordinary
course of trade, the administering authority may use another
calculation methodology under this subtitle or any other calculation
methodology.'' When an interested party submits a PMS allegation
pursuant to section 773(e) of the Act, Commerce will respond to such a
submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds
that a PMS exists under section 773(e) of the Act, then it will modify
its dumping calculations appropriately.
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\52\ See Trade Preferences Extension Act of 2015, Public Law
114-27, 129 Stat. 362 (2015).
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Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a
deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
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 Commerce. 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 a 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.\53\
Parties must use the certification formats provided in 19 CFR
351.303(g).\54\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\53\ See section 782(b) of the Act.
\54\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are 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.,
[[Page 2399]]
the filing of letters of appearance as discussed at 19 CFR 351.103(d)).
This notice is issued and published pursuant to sections 732(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 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. 2020-00493 Filed 1-14-20; 8:45 am]
BILLING CODE 3510-DS-P
