Forged Steel Fittings From India: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 17536-17538 [2020-06548]
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17536
Federal Register / Vol. 85, No. 61 / Monday, March 30, 2020 / Notices
Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Changes from the Preliminary
Determination
Comment 1: Impairment Losses
Comment 2: Packing Expenses
Comment 3: Freight Variance
Comment 4: Programming Errors
IV. Discussion of the Issues
V. Negative Determination of Critical
Circumstances
VI. Recommendation
[FR Doc. 2020–06547 Filed 3–27–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–892]
Forged Steel Fittings From India:
Preliminary Affirmative Countervailing
Duty Determination, and Alignment of
Final Determination With Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
forged steel fittings from India for the
period of investigation January 1, 2018
through December 31, 2018. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable March 30, 2020.
FOR FURTHER INFORMATION CONTACT:
Lauren Caserta, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4737.
SUPPLEMENTARY INFORMATION:
AGENCY:
lotter on DSKBCFDHB2PROD with NOTICES
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on November 21, 2020.1 On January 10,
2020, Commerce postponed the
preliminary determination of this
investigation and the revised deadline is
1 See Forged Steel Fittings from India and the
Republic of Korea: Initiation of Countervailing Duty
Investigation, 84 FR 64270 (November 21, 2019)
(Initiation Notice).
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18:05 Mar 27, 2020
Jkt 250001
now March 23, 2020.2 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
room B8024 of the main Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Scope of the Investigation
The products covered by this
investigation are forged steel fittings
from India. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments submitted
to the record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Decision Memorandum. Commerce is
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See revised scope in Appendix
I.
Methodology
Commerce is conducting this
investigation in accordance with section
2 See Forged Steel Fittings from India:
Postponement of Preliminary Determination in the
Countervailing Duty Investigation, 85 FR 1300
(January 10, 2020).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the
Countervailing Duty Investigation of Forged Steel
Fittings from India,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
5 See Initiation Notice.
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701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.6
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final CVD determination in this
investigation with the final
determination in the companion AD
investigation of forged steel fittings from
India based on a request made by the
petitioner.7 Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled no later than August 3, 2020,
unless postponed.8
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
In this investigation, Commerce
preliminarily calculated a rate for
Shakti, the only participating
respondent. The only rate that is not
zero, de minimis or based entirely on
facts otherwise available is the rate
calculated for Shakti. Consequently, the
rate calculated for Shakti is also
assigned as the rate for all other
producers and exporters.
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
7 See Petitioners’ Letter, ‘‘Forged Steel Fittings
from India: Request for Alignment,’’ dated March 5,
2020.
8 See Forged Steel Fittings from India and the
Republic of Korea: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value
Investigations, 85 FR 11965 (February 28, 2020).
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Federal Register / Vol. 85, No. 61 / Monday, March 30, 2020 / Notices
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
Shakti Forge Industries Pvt.
hearing, limited to issues raised in the
Ltd. and Shakti Forge (collectively, Shakti) ................
2.65% case and rebuttal briefs, must submit a
written request to the Assistant
Nikoo Forge Pvt. Ltd., Pan
International, Patton InterSecretary for Enforcement and
national Limited, Sage
Compliance, U.S. Department of
Metals Limited, Kirtanlal
Commerce within 30 days after the date
Steel Private Limited,
of publication of this notice. Requests
Disha Auto Components
should contain the party’s name,
Private Limited, Dynamic
address, and telephone number, the
Flow Products, Sara Sae
number of participants, whether any
Private Limited, and
participant is a foreign national, and a
Parveen Industries Private
Limited ...............................
284.91% list of the issues to be discussed. If a
All Others ..............................
2.65% request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Suspension of Liquidation
Department of Commerce, 1401
Constitution Avenue NW, Washington,
In accordance with section
DC 20230, at a time and date to be
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and determined. Parties should confirm by
telephone the date, time, and location of
Border Protection (CBP) to suspend
the hearing two days before the
liquidation of entries of subject
scheduled date.
merchandise as described in the scope
of the investigation section entered, or
International Trade Commission
withdrawn from warehouse, for
Notification
consumption on or after the date of
In accordance with section 703(f) of
publication of this notice in the Federal
the Act, Commerce will notify the
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP International Trade Commission (ITC) of
its determination. If the final
to require a cash deposit equal to the
determination is affirmative, the ITC
rates indicated above.
will determine before the later of 120
Disclosure
days after the date of this preliminary
Commerce intends to disclose its
determination or 45 days after the final
calculations and analysis performed to
determination whether these imports
interested parties in this preliminary
are materially injuring, or threaten
determination within five days of its
material injury to, the U.S. industry.
public announcement, or if there is no
Notification to Interested Parties
public announcement, within five days
of the date of this notice in accordance
This determination is issued and
with 19 CFR 351.224(b).
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
Verification
351.205(c).
As provided in section 782(i)(l) of the
Dated: March 23, 2020.
Act, Commerce intends to verify the
Jeffrey I. Kessler,
information relied upon in making its
final determination.
Assistant Secretary for Enforcement and
lotter on DSKBCFDHB2PROD with NOTICES
Company
Subsidy
rate
Ad Valorem
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.9
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
9 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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18:05 Mar 27, 2020
Jkt 250001
Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is carbon and alloy forged steel
fittings, whether unfinished (commonly
known as blanks or rough forgings) or
finished. Such fittings are made in a variety
of shapes including, but not limited to,
elbows, tees, crosses, laterals, couplings,
reducers, caps, plugs, bushings, unions
(including hammer unions), and outlets.
Forged steel fittings are covered regardless of
end finish, whether threaded, socket-weld or
other end connections. The scope includes
integrally reinforced forged branch outlet
fittings, regardless of whether they have one
or more ends that is a socket welding,
threaded, butt welding end, or other end
connections.
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17537
While these fittings are generally
manufactured to specifications ASME
B16.11, MSS SP–79, MSS SP–83, MSS–SP–
97, ASTM A105, ASTM A350 and ASTM
A182, the scope is not limited to fittings
made to these specifications.
The term forged is an industry term used
to describe a class of products included in
applicable standards, and it does not
reference an exclusive manufacturing
process. Forged steel fittings are not
manufactured from casings. Pursuant to the
applicable standards, fittings may also be
machined from bar stock or machined from
seamless pipe and tube.
All types of forged steel fittings are
included in the scope regardless of nominal
pipe size (which may or may not be
expressed in inches of nominal pipe size),
pressure class rating (expressed in pounds of
pressure, e.g., 2,000 or 2M; 3,000 or 3M;
6,000 or 6M; 9,000 or 9M), wall thickness,
and whether or not heat treated.
Excluded from this scope are all fittings
entirely made of stainless steel. Also
excluded are flanges, nipples, and all fittings
that have a maximum pressure rating of 300
pounds per square inch/PSI or less.
Also excluded from the scope are fittings
certified or made to the following standards,
so long as the fittings are not also
manufactured to the specifications of ASME
B16.11, MSS SP–79, MSS SP–83, MSS SP–
97, ASTM A105, ASTM A350 and ASTM
A182:
• American Petroleum Institute (API) 5CT,
API 5L, or API 11B;
• American Society of Mechanical
Engineers (ASME) B16.9;
• Manufacturers Standardization Society
(MSS) SP–75;
• Society of Automotive Engineering (SAE)
J476, SAE J514, SAE J516, SAE J517, SAE
J518, SAE J1026, SAE J1231, SAE J1453, SAE
J1926, J2044 or SAE AS 35411;
• Hydraulic hose fittings (e.g., fittings used
in high pressure water cleaning applications,
in the manufacture of hydraulic engines, to
connect rubber dispensing hoses to a
dispensing nozzle or grease fitting) made to
ISO 12151–1, 12151–2, 12151–3, 12151–4,
12151–5, or 12151–6;
• Underwriter’s Laboratories (UL) certified
electrical conduit fittings;
• ASTM A153, A536, A576, or A865;
• Casing conductor connectors made to
proprietary specifications;
• Machined steel parts (e.g., couplers) that
are not certified to any specifications in this
scope description and that are not for
connecting steel pipes for distributing gas
and liquids;
• Oil country tubular goods (OCTG)
connectors (e.g., forged steel tubular
connectors for API 5L pipes or OCTG for
offshore oil and gas drilling and extraction);
• Military Specification (MIL) MIL–C–
4109F and MIL–F–3541; and
• International Organization for
Standardization (ISO) ISO6150–B.
To be excluded from the scope, products
must have the appropriate standard or
pressure markings and/or be accompanied by
documentation showing product compliance
to the applicable standard or pressure, e.g.,
‘‘API 5CT’’ mark and/or a mill certification
report.
E:\FR\FM\30MRN1.SGM
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17538
Federal Register / Vol. 85, No. 61 / Monday, March 30, 2020 / Notices
Subject carbon and alloy forged steel
fittings are normally entered under
Harmonized Tariff Schedule of the United
States (HTSUS) 7307.92.3010, 7307.92.3030,
7307.92.9000, 7307.99.1000, 7307.99.3000,
7307.99.5045, and 7307.99.5060. They may
also be entered under HTSUS 7307.93.3010,
7307.93.3040, 7307.93.6000, 7307.93.9010,
7307.93.9040, 7307.93.9060, and
7326.19.0010.
The HTSUS subheadings and
specifications are provided for convenience
and customs purposes; the written
description of the scope is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Alignment
VII. Subsidies Valuation
VIII. Benchmarks and Interest Rates
IX. Use of Facts Otherwise Available and
Adverse Inferences
X. Analysis of Programs
XI. Calculation of the All-Others Rate
XII. ITC Notification
XIII. Verification
XIV. Disclosure and Public Comment
XV. Conclusion
[FR Doc. 2020–06548 Filed 3–27–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Federal Consistency Appeal by
WesternGeco of South Carolina
Objection
National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Notice of stay—closure of
administrative appeal decision record.
AGENCY:
This announcement provides
notice that the Department of Commerce
(Department) has stayed, for a period of
14 days, closure of the decision record
in an administrative appeal filed by
WesternGeco (Appellant) under the
Coastal Zone Management Act,
requesting that the Secretary override an
objection by the South Carolina
Department of Health and
Environmental Control to a consistency
certification for a proposed project to
conduct a marine Geological and
Geophysical seismic survey in the
Atlantic Ocean.
DATES: The decision record for
WesternGeco’s Federal Consistency
Appeal of South Carolina’s objection
will now close on April 13, 2020.
lotter on DSKBCFDHB2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:05 Mar 27, 2020
Jkt 250001
NOAA has provided access
to publicly available materials and
related documents comprising the
appeal record on the following website:
https://www.regulations.gov/
#!docketDetail;D=NOAA-HQ-2019-0118.
FOR FURTHER INFORMATION CONTACT: For
questions about this Notice, contact
Jonelle Dilley, NOAA Office of General
Counsel, Oceans and Coasts Section,
1305 East-West Highway, Room 6111,
Silver Spring, MD 20910, (301) 713–
7383, jonelle.dilley@noaa.gov.
SUPPLEMENTARY INFORMATION: On
September 20, 2019, the Secretary of
Commerce (Secretary) received a
‘‘Notice of Appeal’’ filed by
WesternGeco pursuant to the Coastal
Zone Management Act of 1972 (CZMA),
16 U.S.C. 1451 et seq., and
implementing regulations found at 15
CFR part 930, subpart H. The ‘‘Notice of
Appeal’’ is taken from an objection by
the South Carolina Department of
Health and Environmental Control to a
consistency certification for a proposed
project to conduct a marine Geological
and Geophysical seismic survey in the
Atlantic Ocean. This matter constitutes
an appeal of an ‘‘energy project’’ within
the meaning of the CZMA regulations,
see 15 CFR 930.123(c).
Under the CZMA, the Secretary may
override South Carolina’s objection on
grounds that the project is consistent
with the objectives or purposes of the
CZMA, or is necessary in the interest of
national security. To make the
determination that the proposed activity
is ‘‘consistent with the objectives or
purposes of the CZMA,’’ the Department
must find that: (1) The proposed activity
furthers the national interest as
articulated in sections 302 or 303 of the
CZMA, in a significant or substantial
manner; (2) the national interest
furthered by the proposed activity
outweighs the activity’s adverse coastal
effects, when those effects are
considered separately or cumulatively;
and (3) no reasonable alternative is
available that would permit the
proposed activity to be conducted in a
manner consistent with the enforceable
policies of the applicable coastal
management program. 15 CFR 930.121.
To make the determination that the
proposed activity is ‘‘necessary in the
interest of national security,’’ the
Secretary must find that a national
defense or other national security
interest would be significantly impaired
if the proposed activity is not permitted
to go forward as proposed. 15 CFR
930.122.
The Secretary must close the decision
record in a Federal consistency appeal
160 days after the Notice of Appeal is
ADDRESSES:
PO 00000
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Fmt 4703
Sfmt 4703
published in the Federal Register. 15
CFR 930.130(a)(1). However, the CZMA
authorizes the Secretary to stay closing
the decision record for up to 60 days
when the Secretary determines it
necessary to receive, on an expedited
basis, any supplemental information
specifically requested by the Secretary
to complete a consistency review or any
clarifying information submitted by a
party to the proceeding related to
information in the consolidated record
compiled by the lead Federal permitting
agency. 15 CFR 930.130(a)(2), (3).
After reviewing the decision record
developed to date, the Secretary has
decided to solicit supplemental and
clarifying information from the parties
pertaining to the withholding of certain
information as proprietary. In order to
allow receipt of this information, the
Secretary hereby stays closure of the
decision record, currently scheduled to
occur on March 30, 2020, until April 13,
2020.
NOAA has provided access to
publicly available materials and related
documents comprising the appeal
record on the following website: https://
www.regulations.gov/#!docketDetail;D
=NOAA-HQ-2019-0118.
Authority Citation: 15 CFR 930.130(a)(2),
(3).
Adam Dilts,
Chief, Oceans and Coasts Section, NOAA
Office of General Counsel.
[FR Doc. 2020–06422 Filed 3–27–20; 8:45 am]
BILLING CODE 3510–JE–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RTID 0648–XA082
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of cancellation of a
public meeting.
AGENCY:
The New England Fishery
Management Council (Council) has
cancelled a public meeting of its
Groundfish Advisory Panel that was
scheduled for Thursday, April 2, 2020.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION: The
original meeting notice published in the
Federal Register on March 17, 2020 (85
SUMMARY:
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Agencies
[Federal Register Volume 85, Number 61 (Monday, March 30, 2020)]
[Notices]
[Pages 17536-17538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06548]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-892]
Forged Steel Fittings From India: Preliminary Affirmative
Countervailing Duty Determination, and Alignment of Final Determination
With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of forged steel fittings from India for the period of
investigation January 1, 2018 through December 31, 2018. Interested
parties are invited to comment on this preliminary determination.
DATES: Applicable March 30, 2020.
FOR FURTHER INFORMATION CONTACT: Lauren Caserta, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4737.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on November
21, 2020.\1\ On January 10, 2020, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now
March 23, 2020.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics discussed in the Preliminary
Decision Memorandum is included as Appendix II to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov,
and is available to all parties in the Central Records Unit, room B8024
of the main Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Forged Steel Fittings from India and the Republic of
Korea: Initiation of Countervailing Duty Investigation, 84 FR 64270
(November 21, 2019) (Initiation Notice).
\2\ See Forged Steel Fittings from India: Postponement of
Preliminary Determination in the Countervailing Duty Investigation,
85 FR 1300 (January 10, 2020).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Countervailing Duty Investigation of Forged
Steel Fittings from India,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are forged steel
fittings from India. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
submitted to the record for this preliminary determination, and
accompanying discussion and analysis of all comments timely received,
see the Preliminary Decision Memorandum. Commerce is preliminarily
modifying the scope language as it appeared in the Initiation Notice.
See revised scope in Appendix I.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\6\
---------------------------------------------------------------------------
\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final CVD determination in this investigation with the
final determination in the companion AD investigation of forged steel
fittings from India based on a request made by the petitioner.\7\
Consequently, the final CVD determination will be issued on the same
date as the final AD determination, which is currently scheduled no
later than August 3, 2020, unless postponed.\8\
---------------------------------------------------------------------------
\7\ See Petitioners' Letter, ``Forged Steel Fittings from India:
Request for Alignment,'' dated March 5, 2020.
\8\ See Forged Steel Fittings from India and the Republic of
Korea: Postponement of Preliminary Determinations in the Less-Than-
Fair-Value Investigations, 85 FR 11965 (February 28, 2020).
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
zero and de minimis rates and any rates based entirely under section
776 of the Act.
In this investigation, Commerce preliminarily calculated a rate for
Shakti, the only participating respondent. The only rate that is not
zero, de minimis or based entirely on facts otherwise available is the
rate calculated for Shakti. Consequently, the rate calculated for
Shakti is also assigned as the rate for all other producers and
exporters.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
[[Page 17537]]
------------------------------------------------------------------------
Subsidy rate
Company Ad Valorem
------------------------------------------------------------------------
Shakti Forge Industries Pvt. Ltd. and Shakti Forge 2.65%
(collectively, Shakti).................................
Nikoo Forge Pvt. Ltd., Pan International, Patton 284.91%
International Limited, Sage Metals Limited, Kirtanlal
Steel Private Limited, Disha Auto Components Private
Limited, Dynamic Flow Products, Sara Sae Private
Limited, and Parveen Industries Private Limited........
All Others.............................................. 2.65%
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
Commerce will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(l) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\9\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. If the
final determination is affirmative, the ITC will determine before the
later of 120 days after the date of this preliminary determination or
45 days after the final determination whether these imports are
materially injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: March 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is carbon and
alloy forged steel fittings, whether unfinished (commonly known as
blanks or rough forgings) or finished. Such fittings are made in a
variety of shapes including, but not limited to, elbows, tees,
crosses, laterals, couplings, reducers, caps, plugs, bushings,
unions (including hammer unions), and outlets. Forged steel fittings
are covered regardless of end finish, whether threaded, socket-weld
or other end connections. The scope includes integrally reinforced
forged branch outlet fittings, regardless of whether they have one
or more ends that is a socket welding, threaded, butt welding end,
or other end connections.
While these fittings are generally manufactured to
specifications ASME B16.11, MSS SP-79, MSS SP-83, MSS-SP-97, ASTM
A105, ASTM A350 and ASTM A182, the scope is not limited to fittings
made to these specifications.
The term forged is an industry term used to describe a class of
products included in applicable standards, and it does not reference
an exclusive manufacturing process. Forged steel fittings are not
manufactured from casings. Pursuant to the applicable standards,
fittings may also be machined from bar stock or machined from
seamless pipe and tube.
All types of forged steel fittings are included in the scope
regardless of nominal pipe size (which may or may not be expressed
in inches of nominal pipe size), pressure class rating (expressed in
pounds of pressure, e.g., 2,000 or 2M; 3,000 or 3M; 6,000 or 6M;
9,000 or 9M), wall thickness, and whether or not heat treated.
Excluded from this scope are all fittings entirely made of
stainless steel. Also excluded are flanges, nipples, and all
fittings that have a maximum pressure rating of 300 pounds per
square inch/PSI or less.
Also excluded from the scope are fittings certified or made to
the following standards, so long as the fittings are not also
manufactured to the specifications of ASME B16.11, MSS SP-79, MSS
SP-83, MSS SP-97, ASTM A105, ASTM A350 and ASTM A182:
American Petroleum Institute (API) 5CT, API 5L, or API
11B;
American Society of Mechanical Engineers (ASME) B16.9;
Manufacturers Standardization Society (MSS) SP-75;
Society of Automotive Engineering (SAE) J476, SAE J514,
SAE J516, SAE J517, SAE J518, SAE J1026, SAE J1231, SAE J1453, SAE
J1926, J2044 or SAE AS 35411;
Hydraulic hose fittings (e.g., fittings used in high
pressure water cleaning applications, in the manufacture of
hydraulic engines, to connect rubber dispensing hoses to a
dispensing nozzle or grease fitting) made to ISO 12151-1, 12151-2,
12151-3, 12151-4, 12151-5, or 12151-6;
Underwriter's Laboratories (UL) certified electrical
conduit fittings;
ASTM A153, A536, A576, or A865;
Casing conductor connectors made to proprietary
specifications;
Machined steel parts (e.g., couplers) that are not
certified to any specifications in this scope description and that
are not for connecting steel pipes for distributing gas and liquids;
Oil country tubular goods (OCTG) connectors (e.g.,
forged steel tubular connectors for API 5L pipes or OCTG for
offshore oil and gas drilling and extraction);
Military Specification (MIL) MIL-C-4109F and MIL-F-
3541; and
International Organization for Standardization (ISO)
ISO6150-B.
To be excluded from the scope, products must have the
appropriate standard or pressure markings and/or be accompanied by
documentation showing product compliance to the applicable standard
or pressure, e.g., ``API 5CT'' mark and/or a mill certification
report.
[[Page 17538]]
Subject carbon and alloy forged steel fittings are normally
entered under Harmonized Tariff Schedule of the United States
(HTSUS) 7307.92.3010, 7307.92.3030, 7307.92.9000, 7307.99.1000,
7307.99.3000, 7307.99.5045, and 7307.99.5060. They may also be
entered under HTSUS 7307.93.3010, 7307.93.3040, 7307.93.6000,
7307.93.9010, 7307.93.9040, 7307.93.9060, and 7326.19.0010.
The HTSUS subheadings and specifications are provided for
convenience and customs purposes; the written description of the
scope is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Alignment
VII. Subsidies Valuation
VIII. Benchmarks and Interest Rates
IX. Use of Facts Otherwise Available and Adverse Inferences
X. Analysis of Programs
XI. Calculation of the All-Others Rate
XII. ITC Notification
XIII. Verification
XIV. Disclosure and Public Comment
XV. Conclusion
[FR Doc. 2020-06548 Filed 3-27-20; 8:45 am]
BILLING CODE 3510-DS-P