Forged Steel Fittings From India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 32007-32010 [2020-11448]
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Federal Register / Vol. 85, No. 103 / Thursday, May 28, 2020 / Notices
notice in the Federal Register inviting
public comment (85 FR 5372–5373,
January 30, 2020). On May 21, 2020, the
applicant was notified of the FTZ
Board’s decision that no further review
of the activity is warranted at this time.
The production activity described in the
notification was authorized, subject to
the FTZ Act and the FTZ Board’s
regulations, including Section 400.14.
auxiliary aids should be directed to
Gianna Marrone, gianna.marrone@
bea.gov, preferably two weeks prior to
the meeting.
Dated: May 21, 2020.
Kyle Hood,
Designated Federal Officer, Bureau of
Economic Analysis.
[FR Doc. 2020–11396 Filed 5–27–20; 8:45 am]
BILLING CODE 3510–06–P
Dated: May 21, 2020.
Andrew McGilvray,
Executive Secretary.
DEPARTMENT OF COMMERCE
[FR Doc. 2020–11454 Filed 5–27–20; 8:45 am]
Foreign-Trade Zones Board
BILLING CODE 3510–DS–P
[B–08–2020]
Foreign-Trade Zone (FTZ) 277—
Glendale, Arizona; Authorization of
Production Activity; Andersen
Regional Manufacturing, Inc. (Windows
for Residential and Commercial
Buildings), Goodyear, Arizona
On January 23, 2020, Andersen
Regional Manufacturing, Inc. submitted
a notification of proposed production
activity to the FTZ Board for its facility
within FTZ 277 in Goodyear, Arizona.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (85 FR 9456, February
19, 2020). On May 22, 2020, the
applicant was notified of the FTZ
Board’s decision that no further review
of the activity is warranted at this time.
The production activity described in the
notification was authorized, subject to
the FTZ Act and the FTZ Board’s
regulations, including Section 400.14.
International Trade Administration
[A–533–891]
Forged Steel Fittings From India:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Postponement of Final Determination,
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that forged steel fittings (FSF) from
India are being sold in the United States
at less than fair value (LTFV). The
period of investigation (POI) is October
1, 2018 through September 30, 2019.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Dated: May 22, 2020.
Elizabeth Whiteman,
Acting Executive Secretary.
Applicable May 28, 2020.
FOR FURTHER INFORMATION CONTACT:
Caitlin Monks, 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) 482–2670.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2020–11456 Filed 5–27–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
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DEPARTMENT OF COMMERCE
[B–03–2020]
Background
Foreign-Trade Zone (FTZ) 90—
Syracuse, New York; Authorization of
Production Activity; PPC Broadband,
Inc. (Hardline Coaxial Cables). Dewitt,
New York
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on November 21, 2019.1 On February
28, 2020, Commerce postponed the
preliminary determination of this
investigation and the revised deadline is
On January 22, 2020, PPC Broadband,
Inc., submitted a notification of
proposed production activity to the FTZ
Board for its facility within Subzone
90C, in Dewitt, New York.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
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1 See Forged Steel Fittings from India and the
Republic of Korea: Initiation of Less-Than-FairValue Investigations, 84 FR 64265 (November 21,
2019) (Initiation Notice).
PO 00000
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32007
now May 20, 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 included
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. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are FSF 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), which Commerce
extended on March 27, 2020.5 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice and on a revised
version issued in the Countervailing
Duty (CVD) Preliminary Determination
of FSF from India.6 For a summary of
the product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
2 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).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value 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).
5 See Initiation Notice; see also Memorandum,
‘‘Antidumping and Countervailing Duty
Investigations of Forged Steel Fittings from India
and the Republic of Korea: Clarification of
Deadlines for Scope Comments,’’ dated March 27,
2020.
6 See Forged Steel Fittings From India:
Preliminary Affirmative Countervailing Duty
Determination, and Alignment of Final
Determination With Final Antidumping Duty
Determination, 85 FR 17536 (March 30, 2020).
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Scope Decision Memorandum.7
Commerce is preliminarily modifying
the scope language as it appeared in the
Initiation Notice. See the revised scope
in Appendix I to this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act for Shakti
Forge Industries Pvt. Ltd. (Shakti).
Constructed export prices have been
calculated in accordance with section
772(b) of the Act. Normal value (NV) is
calculated in accordance with section
773 of the Act. In addition, Commerce
has relied on facts available with an
adverse inference (AFA) under sections
776(a) and (b) of the Act for Nikoo Forge
Pvt. Ltd. (Nikoo Forge), Pan
International (Pan), Disha Auto
Components Pvt. Ltd, Dynamic Flow
Products, Kirtanlal Steel Pvt Ltd, Metal
Forgings Pvt Ltd, Patton International
Limited, Sage Metals Limited, and
Technotrak Engineers. For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
Pursuant to section 735(c)(5)(B) of the
Act, if the estimated weighted-average
dumping margins established for all
exporters and producers individually
examined are zero, de minimis or
determined based entirely on facts
otherwise available, Commerce may use
‘‘any reasonable method’’ to establish
the estimated weighted-average
dumping margin for all other producers
or exporters. One method contemplated
by section 735(c)(5)(B) of the Act is
‘‘averaging the estimated weighted
average dumping margins determined
for the exporters and producers
individually investigated.’’
Commerce has preliminarily
determined that the estimated weightedaverage dumping margin for Shakti is
zero. In addition, Commerce has
preliminarily determined the estimated
weighted-average dumping margins for
Nikoo Forge and Pan entirely on the
basis of facts otherwise available (i.e.,
293.40 percent).8 Because we have no
calculated rates that are not based
entirely on facts available, zero, or de
minimis, we have determined that a
reasonable method for assigning a
margin to all other producers or
exporters is to average the weightedaverage dumping margins calculated for
the three mandatory respondents. The
simple average of these rates is 195.60
percent, and, pursuant to section
735(c)(5)(B) of the Act, this is the rate
we are preliminary assigning as the allothers rate.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Estimated
weighted-average
dumping margin
(percent)
Exporter/producer
Shakti Forge Industries Pvt. Ltd 9 ................................................................................................................
Nikoo Forge Pvt. Ltd. ...................................................................................................................................
Pan International ..........................................................................................................................................
Disha Auto Components Pvt. Ltd ................................................................................................................
Dynamic Flow Products ...............................................................................................................................
Kirtanlal Steel Pvt Ltd ..................................................................................................................................
Metal Forgings Pvt Ltd ................................................................................................................................
Patton International Limited .........................................................................................................................
Sage Metals Limited ....................................................................................................................................
Technotrak Engineers ..................................................................................................................................
All Others .....................................................................................................................................................
* 0.00
** 293.40
** 293.40
** 293.40
** 293.40
** 293.40
** 293.40
** 293.40
** 293.40
** 293.40
195.60
Cash deposit
rate (adjusted for
subsidy offset(s))
(percent)
NA
290.87
290.87
290.87
290.87
290.87
290.87
290.87
290.87
290.87
193.07
* (de minimis)
** (AFA).
In accordance with section 733(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 Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) The cash
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margins determined in this
preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin.
7 See Memorandum, ‘‘Forged Steel Fittings from
India and the Republic of Korea: Scope Comments
Preliminary Decision Memorandum,’’ dated
concurrently with this preliminary determination
(Preliminary Scope Memorandum).
8 See Preliminary Decision Memorandum.
9 Commerce preliminarily determines that Shakti
and Shakti Forge are a single entity. See
Preliminary Decision Memorandum.
Consistent with section 733(b)(3) of
the Act, Commerce disregards de
minimis rates and preliminarily
determines that the individually
examined respondent with a de minimis
rate (i.e., Shakti) has not made sales of
subject merchandise at LTFV.
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Suspension of Liquidation
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Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
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determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) 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 unless Commerce alters
the time limit. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than seven days after
the deadline date for case briefs.
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.
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. Note that Commerce
has modified certain of its requirements
for serving documents containing
business proprietary information until
July 17, 2020, unless extended.10
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Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
10 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 29615 (May 18, 2020).
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preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On May 11, 2020, and May 12, 2020,
pursuant to 19 CFR 351.210(e), the
petitioners and Shakti, respectively,
requested that Commerce postpone the
final determination and that provisional
measures be extended to a period not to
exceed six months.11 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary 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
subject imports are materially injuring,
or threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
11 See Petitioners’ Letter, ‘‘Forged Steel Fittings
from India: Request for Extension of Final
Determination,’’ dated May 11, 2020, and Shakti’s
Letter, ‘‘Forged Steel Fittings from India: Request to
Postpone the Final Determination,’’ dated May 12,
2020.
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32009
Dated: May 20, 2020.
Jeffrey I. Kessler,
Assistant Secretaryfor Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by these
investigations 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 API11B;
• 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, SAEJ1231, 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;
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• 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.
Also excluded from the scope are
assembled or unassembled hammer unions
that consist of a nut and two subs. To qualify
for this exclusion, the hammer union must
meet each of the following criteria: (1) the
face of the nut of the hammer union is
permanently marked with one of the
following markings: ‘‘FIG 100,’’ ‘‘FIG 110,’’
‘‘FIG 100C,’’ ‘‘FIG 200,’’ ‘‘FIG 200C,’’ ‘‘FIG
201,’’ ‘‘FIG 202,’’ ‘‘FIG 206,’’ ‘‘FIG 207,’’ ‘‘FIG
211,’’ ‘‘FIG 300,’’ ‘‘FIG 301,’’ ‘‘FIG 400,’’ ‘‘FIG
600,’’ ‘‘FIG 602,’’ ‘‘FIG 607,’’ ‘‘FIG 1002,’’
‘‘FIG 1003,’’ ‘‘FIG 1502,’’ ‘‘FIG 1505,’’ ‘‘FIG
2002,’’ or ‘‘FIG 2202’’; (2) the hammer union
does not bear any of the following markings:
‘‘Class 3000,’’ ‘‘Class 3M,’’ ‘‘Class 6000,’’
‘‘Class 6M,’’ ‘‘Class 9000,’’ or ‘‘Class 9M’’;
and (3) the nut and both subs of the hammer
union are painted.
Also excluded from the scope are
component parts for hammer union
assemblies, either subs or wingnuts, marked
on the wingnut and subs with ‘‘FIG 1002,’’
‘‘FIG 1502,’’ and ‘‘FIG 2002,’’ and with
pressure rating of 10,000 PSI or greater.
These parts are made from AISI/SAE 4130,
4140 or 4340 steel and are 100 percent
magnetic particle inspected before shipment.
Also excluded from the scope are tee,
elbow, cross, adapter (or ‘‘crossover’’), blast
joint (or ‘‘spacer’’), blind sub, swivel joint
and pup joint which have wing nut or not.
To qualify for this exclusion, these products
must meet each of the following criteria: (1)
Manufacturing and Inspection standard is
API 6A or API 16C; and, (2) body or wing nut
is permanently marked with one of the
following markings: ‘‘FIG 2002,’’ ‘‘FIG 1502,’’
‘‘FIG 1002,’’ ‘‘FIG 602,’’ ‘‘FIG 206,’’ or ‘‘FIG
any other number’’ or MTR (Material Test
Report) shows these FIG numbers.
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.
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.
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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. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Postponement of Final Determination and
Extension of Provisional Measures
VII. Affiliation and Collapsing
VIII. Application of Facts Available and Use
of Adverse Inferences
IX. Discussion of the Methodology
X. Date of Sale
XI. Product Comparisons
XII. Export Price
XIII. Normal Value
XIV. Currency Conversion
XV. Verification
XVI. Adjustments to Cash Deposit Rates for
Export Subsidies in Companion CVD
Investigation
XVII. Conclusion
[FR Doc. 2020–11448 Filed 5–27–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–904]
Forged Steel Fittings From the
Republic of Korea: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value, Postponement
of Final Determination, and Extension
of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) preliminarily determines
that forged steel fittings (FSF) from the
Republic of Korea (Korea) are being sold
in the United States at less than fair
value (LTFV). The period of
investigation (POI) is October 1, 2018
through September 30, 2019. Interested
parties are invited to comment on this
preliminary determination.
SUMMARY:
DATES:
Applicable May 28, 2020.
FOR FURTHER INFORMATION CONTACT:
Caitlin Monks, 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) 482–2670.
SUPPLEMENTARY INFORMATION:
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Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on November 21, 2019.1 On February
28, 2020, Commerce postponed the
preliminary determination of this
investigation and the revised deadline is
now May 20, 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 included
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. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are FSF from Korea. 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), which Commerce
extended on March 27, 2020.5 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice and on a revised
1 See Forged Steel Fittings from India and the
Republic of Korea: Initiation of Less-Than-FairValue Investigations, 84 FR 64265 (November 21,
2019) (Initiation Notice).
2 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).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Forged Steel Fittings
from the Republic of Korea’’ 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).
5 See Initiation Notice; see also Memorandum,
‘‘Antidumping and Countervailing Duty
Investigations of Forged Steel Fittings from India
and the Republic of Korea: Clarification of
Deadlines for Scope Comments,’’ dated March 27,
2020.
E:\FR\FM\28MYN1.SGM
28MYN1
]]>Agencies
[Federal Register Volume 85, Number 103 (Thursday, May 28, 2020)]
[Notices]
[Pages 32007-32010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11448]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-891]
Forged Steel Fittings From India: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that forged steel fittings (FSF) from India are being sold in the
United States at less than fair value (LTFV). The period of
investigation (POI) is October 1, 2018 through September 30, 2019.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable May 28, 2020.
FOR FURTHER INFORMATION CONTACT: Caitlin Monks, 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) 482-2670.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on November
21, 2019.\1\ On February 28, 2020, Commerce postponed the preliminary
determination of this investigation and the revised deadline is now May
20, 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 included 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. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed and the electronic
versions of the Preliminary Decision Memorandum are identical in
content.
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\1\ See Forged Steel Fittings from India and the Republic of
Korea: Initiation of Less-Than-Fair-Value Investigations, 84 FR
64265 (November 21, 2019) (Initiation Notice).
\2\ 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).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Forged
Steel Fittings from India'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are FSF 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), which Commerce
extended on March 27, 2020.\5\ Certain interested parties commented on
the scope of the investigation as it appeared in the Initiation Notice
and on a revised version issued in the Countervailing Duty (CVD)
Preliminary Determination of FSF from India.\6\ For a summary of the
product coverage comments and rebuttal responses submitted to the
record for this preliminary determination, and accompanying discussion
and analysis of all comments timely received, see the Preliminary
[[Page 32008]]
Scope Decision Memorandum.\7\ Commerce is preliminarily modifying the
scope language as it appeared in the Initiation Notice. See the revised
scope in Appendix I to this notice.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice; see also Memorandum, ``Antidumping
and Countervailing Duty Investigations of Forged Steel Fittings from
India and the Republic of Korea: Clarification of Deadlines for
Scope Comments,'' dated March 27, 2020.
\6\ See Forged Steel Fittings From India: Preliminary
Affirmative Countervailing Duty Determination, and Alignment of
Final Determination With Final Antidumping Duty Determination, 85 FR
17536 (March 30, 2020).
\7\ See Memorandum, ``Forged Steel Fittings from India and the
Republic of Korea: Scope Comments Preliminary Decision Memorandum,''
dated concurrently with this preliminary determination (Preliminary
Scope Memorandum).
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act for Shakti Forge Industries
Pvt. Ltd. (Shakti). Constructed export prices have been calculated in
accordance with section 772(b) of the Act. Normal value (NV) is
calculated in accordance with section 773 of the Act. In addition,
Commerce has relied on facts available with an adverse inference (AFA)
under sections 776(a) and (b) of the Act for Nikoo Forge Pvt. Ltd.
(Nikoo Forge), Pan International (Pan), Disha Auto Components Pvt. Ltd,
Dynamic Flow Products, Kirtanlal Steel Pvt Ltd, Metal Forgings Pvt Ltd,
Patton International Limited, Sage Metals Limited, and Technotrak
Engineers. For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
Pursuant to section 735(c)(5)(B) of the Act, if the estimated
weighted-average dumping margins established for all exporters and
producers individually examined are zero, de minimis or determined
based entirely on facts otherwise available, Commerce may use ``any
reasonable method'' to establish the estimated weighted-average dumping
margin for all other producers or exporters. One method contemplated by
section 735(c)(5)(B) of the Act is ``averaging the estimated weighted
average dumping margins determined for the exporters and producers
individually investigated.''
Commerce has preliminarily determined that the estimated weighted-
average dumping margin for Shakti is zero. In addition, Commerce has
preliminarily determined the estimated weighted-average dumping margins
for Nikoo Forge and Pan entirely on the basis of facts otherwise
available (i.e., 293.40 percent).\8\ Because we have no calculated
rates that are not based entirely on facts available, zero, or de
minimis, we have determined that a reasonable method for assigning a
margin to all other producers or exporters is to average the weighted-
average dumping margins calculated for the three mandatory respondents.
The simple average of these rates is 195.60 percent, and, pursuant to
section 735(c)(5)(B) of the Act, this is the rate we are preliminary
assigning as the all-others rate.
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\8\ See Preliminary Decision Memorandum.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
---------------------------------------------------------------------------
\9\ Commerce preliminarily determines that Shakti and Shakti
Forge are a single entity. See Preliminary Decision Memorandum.
------------------------------------------------------------------------
Cash deposit
Estimated rate (adjusted
Exporter/producer weighted-average for subsidy
dumping margin offset(s))
(percent) (percent)
------------------------------------------------------------------------
Shakti Forge Industries Pvt. Ltd * 0.00 NA
\9\..............................
Nikoo Forge Pvt. Ltd.............. ** 293.40 290.87
Pan International................. ** 293.40 290.87
Disha Auto Components Pvt. Ltd.... ** 293.40 290.87
Dynamic Flow Products............. ** 293.40 290.87
Kirtanlal Steel Pvt Ltd........... ** 293.40 290.87
Metal Forgings Pvt Ltd............ ** 293.40 290.87
Patton International Limited...... ** 293.40 290.87
Sage Metals Limited............... ** 293.40 290.87
Technotrak Engineers.............. ** 293.40 290.87
All Others........................ 195.60 193.07
------------------------------------------------------------------------
* (de minimis)
** (AFA).
Consistent with section 733(b)(3) of the Act, Commerce disregards
de minimis rates and preliminarily determines that the individually
examined respondent with a de minimis rate (i.e., Shakti) has not made
sales of subject merchandise at LTFV.
Suspension of Liquidation
In accordance with section 733(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 Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) The cash deposit rate for the respondents listed above will be
equal to the company-specific estimated weighted-average dumping
margins determined in this preliminary determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the all-others estimated
weighted-average dumping margin.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary
[[Page 32009]]
determination within five days of any public announcement or, if there
is no public announcement, within five days of the date of publication
of this notice in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) 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 unless Commerce alters the time limit. Rebuttal
briefs, limited to issues raised in case briefs, may be submitted no
later than seven days after the deadline date for case briefs. 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.
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. Note that Commerce has modified certain of its requirements for
serving documents containing business proprietary information until
July 17, 2020, unless extended.\10\
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\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020).
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Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On May 11, 2020, and May 12, 2020, pursuant to 19 CFR 351.210(e),
the petitioners and Shakti, respectively, requested that Commerce
postpone the final determination and that provisional measures be
extended to a period not to exceed six months.\11\ In accordance with
section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because:
(1) The preliminary determination is affirmative; (2) the requesting
exporter accounts for a significant proportion of exports of the
subject merchandise; and (3) no compelling reasons for denial exist,
Commerce is postponing the final determination and extending the
provisional measures from a four-month period to a period not greater
than six months. Accordingly, Commerce will make its final
determination no later than 135 days after the date of publication of
this preliminary determination.
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\11\ See Petitioners' Letter, ``Forged Steel Fittings from
India: Request for Extension of Final Determination,'' dated May 11,
2020, and Shakti's Letter, ``Forged Steel Fittings from India:
Request to Postpone the Final Determination,'' dated May 12, 2020.
---------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
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 subject imports are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: May 20, 2020.
Jeffrey I. Kessler,
Assistant Secretaryfor Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by these investigations 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
API11B;
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, SAEJ1231, 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;
[[Page 32010]]
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.
Also excluded from the scope are assembled or unassembled hammer
unions that consist of a nut and two subs. To qualify for this
exclusion, the hammer union must meet each of the following
criteria: (1) the face of the nut of the hammer union is permanently
marked with one of the following markings: ``FIG 100,'' ``FIG 110,''
``FIG 100C,'' ``FIG 200,'' ``FIG 200C,'' ``FIG 201,'' ``FIG 202,''
``FIG 206,'' ``FIG 207,'' ``FIG 211,'' ``FIG 300,'' ``FIG 301,''
``FIG 400,'' ``FIG 600,'' ``FIG 602,'' ``FIG 607,'' ``FIG 1002,''
``FIG 1003,'' ``FIG 1502,'' ``FIG 1505,'' ``FIG 2002,'' or ``FIG
2202''; (2) the hammer union does not bear any of the following
markings: ``Class 3000,'' ``Class 3M,'' ``Class 6000,'' ``Class
6M,'' ``Class 9000,'' or ``Class 9M''; and (3) the nut and both subs
of the hammer union are painted.
Also excluded from the scope are component parts for hammer
union assemblies, either subs or wingnuts, marked on the wingnut and
subs with ``FIG 1002,'' ``FIG 1502,'' and ``FIG 2002,'' and with
pressure rating of 10,000 PSI or greater. These parts are made from
AISI/SAE 4130, 4140 or 4340 steel and are 100 percent magnetic
particle inspected before shipment.
Also excluded from the scope are tee, elbow, cross, adapter (or
``crossover''), blast joint (or ``spacer''), blind sub, swivel joint
and pup joint which have wing nut or not. To qualify for this
exclusion, these products must meet each of the following criteria:
(1) Manufacturing and Inspection standard is API 6A or API 16C; and,
(2) body or wing nut is permanently marked with one of the following
markings: ``FIG 2002,'' ``FIG 1502,'' ``FIG 1002,'' ``FIG 602,''
``FIG 206,'' or ``FIG any other number'' or MTR (Material Test
Report) shows these FIG numbers.
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.
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. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Postponement of Final Determination and Extension of Provisional
Measures
VII. Affiliation and Collapsing
VIII. Application of Facts Available and Use of Adverse Inferences
IX. Discussion of the Methodology
X. Date of Sale
XI. Product Comparisons
XII. Export Price
XIII. Normal Value
XIV. Currency Conversion
XV. Verification
XVI. Adjustments to Cash Deposit Rates for Export Subsidies in
Companion CVD Investigation
XVII. Conclusion
[FR Doc. 2020-11448 Filed 5-27-20; 8:45 am]
BILLING CODE 3510-DS-P
