Forged Steel Fittings From the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value, 66302-66304 [2020-23110]
Download as PDF
66302
Federal Register / Vol. 85, No. 202 / Monday, October 19, 2020 / Notices
portions of the meeting will be open to
the public.
For more information, call Yvette
Springer at (202) 482–2813.
Yvette Springer,
Committee Liaison Officer.
The products covered by this
investigation are forged steel fittings
from Korea. For a complete description
of the scope of this investigation, see
Appendix I.
[FR Doc. 2020–23068 Filed 10–16–20; 8:45 am]
Scope Comments
BILLING CODE 3510–JT–P
On May 20, 2020, we issued a
Preliminary Scope Decision
Memorandum.3 Between June and July
2020, we received additional scope
comments from several interested
parties. In response to these comments,
we have made changes to the scope of
the investigation for this final
determination. For a full discussion and
analysis of the scope comments timely
received, see the Final Scope Decision
Memorandum.4
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–904]
Forged Steel Fittings From the
Republic of Korea: Final Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that forged steel
fittings (FSF) from the Republic of Korea
(Korea) are being, or are likely to be,
sold in the United States at less than fair
value (LTFV).
DATES: Applicable October 19, 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:
AGENCY:
Background
On May 28, 2020, Commerce
published the Preliminary
Determination in this investigation.1 A
summary of the events that occurred
since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in the Issues and Decision
Memorandum.2
Period of Investigation
The period of investigation is October
1, 2018 through September 30, 2019.
jbell on DSKJLSW7X2PROD with NOTICES
Scope of the Investigation
1 See 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, 85 FR 32010 (May 28, 2020) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Less-Than-Fair-Value Investigation of Forged Steel
Fittings from the Republic of Korea,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
VerDate Sep<11>2014
18:05 Oct 16, 2020
Jkt 253001
776(a)(2)(D) of the Act, Commerce relied
on the information submitted on the
record as facts available in making our
final determination.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and additional
information obtained since our
preliminary findings, we made certain
changes to the margin calculations for
Samyoung Fitting Co., Ltd. (Samyoung),
the sole cooperative respondent in this
investigation, since the Preliminary
Determination. For a discussion of these
changes, see the Issues and Decision
Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedAnalysis of Comments Received
average dumping margin for all other
All issues raised in the case briefs and producers and exporters not
rebuttal briefs submitted by interested
individually investigated shall be equal
parties in this proceeding are addressed to the weighted average of the estimated
in the Issues and Decision
weighted-average dumping margins
Memorandum. A list of the issues raised established for individually investigated
by parties and responded to by
exporters and producers, excluding any
Commerce in the Issues and Decision
margins that are zero or de minimis or
Memorandum is attached to this notice
any margins determined entirely under
as Appendix II. The Issues and Decision section 776 of the Act.
Memorandum is a public document and
In this investigation, Commerce
is available electronically via
calculated an estimated weightedEnforcement and Compliance’s
average dumping margin for Samyoung
Antidumping and Countervailing Duty
that is not zero, de minimis, or based
Centralized Electronic Service System
entirely on facts otherwise available.
(ACCESS). ACCESS is available to
Commerce determined the all-others
registered users at https.//
rate using the estimated weightedaccess.trade.gov. In addition, a complete average dumping margin calculated for
version of the Issues and Decision
Samyoung, the sole cooperative
Memorandum can be accessed directly
respondent.
at https://enforcement.trade.gov/frn/
Final Determination
index.html. The signed and electronic
versions of the Issues and Decision
The estimated weighted-average
Memorandum are identical in content.
dumping margins are as follows:
Verification
Commerce normally verifies
information relied upon in making final
determination, pursuant to section
782(i)(1) of the Tariff Act of 1930, as
amended (the Act). However, during the
course of this investigation, Commerce
was unable to conduct on-site
verification due to travel restrictions.
Accordingly, Commerce took additional
steps in lieu of verification, as discussed
further in the Issues and Decision
Memorandum. Consistent with section
3 See
Memorandum, ‘‘Forged Steel Fittings from
India and the Republic of Korea: Scope Comments
Preliminary Decision Memorandum,’’ dated May
20, 2020 (Preliminary Scope Decision
Memorandum).
4 See Memorandum, ‘‘Forged Steel Fittings from
India and the Republic of Korea: Final Scope
Decision Memorandum’’ (Final Scope Decision
Memorandum), dated concurrently with this final
determination.
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
Exporter/producer
Samyoung Fitting Co.,
Ltd .............................
Sandong Metal Industry
Co., Ltd .....................
ZEOtech Co., Ltd ..........
Pusan Coupling Corporation .....................
Shinchang Industries ....
Shinwoo Tech ...............
Titus Industrial Korea
Co, Ltd ......................
All Others ......................
Estimated
weighted-average
dumping margin
(percent)
17.08
** 198.38
** 198.38
** 198.38
** 198.38
** 198.38
** 198.38
17.08
** AFA
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this final
determination within five days of any
E:\FR\FM\19OCN1.SGM
19OCN1
Federal Register / Vol. 85, No. 202 / Monday, October 19, 2020 / Notices
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).
jbell on DSKJLSW7X2PROD with NOTICES
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will instruct
U.S. Customs and Border Protection
(CBP) to continue the suspension of
liquidation of all appropriate entries of
FSF, as described in Appendix I of this
notice, which were entered, or
withdrawn from warehouse, for
consumption on or after May 28, 2020,
the date of publication of the
Preliminary Determination in this
investigation in the Federal Register.
Further, Commerce will instruct CBP to
require a cash deposit equal to the
estimated amount by which the normal
value exceeds the U.S. price as shown
above.
Pursuant to section 735(c)(1)(B)(ii) of
the Act, we will instruct CBP to require
a cash deposit equal to the estimated
amount by which the normal value
exceeds the U.S. price as follows: (1)
The cash deposit rate for the respondent
listed above will be equal to the
respondent-specific estimated weightedaverage dumping margin determined in
this final 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
respondent-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. These suspension of liquidation
instructions will remain in effect until
further notice.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its final affirmative determination of
sales at LTFV. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, no later than 45 days
after our final determination. If the ITC
determines that material injury or threat
of material injury does not exist, the
proceeding will be terminated, and all
cash deposits will be refunded. If the
ITC determines that material injury or
threat of material injury does exist,
VerDate Sep<11>2014
18:05 Oct 16, 2020
Jkt 253001
Commerce will issue an antidumping
duty order directing CBP to assess, upon
further instruction by Commerce,
antidumping duties on all imports of the
subject merchandise, entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Orders
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a violation subject to sanction.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i) of the Act and 19 CFR
351.210(c).
Dated: October 13, 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
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
66303
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.
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 subs or
wingnuts made to ASTM A788, marked with
‘‘FIG 1002,’’ ‘‘FIG 1502,’’ or ‘‘FIG 2002,’’ and
with a pressure rating of 10,000 PSI or
greater. These parts are made from AISI/SAE
E:\FR\FM\19OCN1.SGM
19OCN1
66304
Federal Register / Vol. 85, No. 202 / Monday, October 19, 2020 / Notices
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.
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Application of Facts Available and Use of
Adverse Inferences
VI. Changes Since the Preliminary
Determination
VII. Discussion of the Issues
Comment 1: Whether Commerce Should
Accept Samyoung’s Revised Pressure
Ratings
Comment 2: Whether Commerce Should
Add Samyoung’s Additional Revenue
Charges Comment 3: Whether Commerce
Should Weight-Average Certain Costs
Comment 4: Whether Commerce Should
Include Certain Income and Expenses in
the General and Administrative (G&A)
Expense Ratio Calculation
VIII. Recommendation
[FR Doc. 2020–23110 Filed 10–16–20; 8:45 am]
jbell on DSKJLSW7X2PROD with NOTICES
International Trade Administration
[C–533–874]
Certain Cold-Drawn Mechanical Tubing
of Carbon and Alloy Steel From India:
Final Results of Countervailing Duty
Administrative Review, 2017–2018
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Goodluck
India Limited (Goodluck) and Tube
Investments of India Ltd. (TII),
producers/exporters of certain colddrawn mechanical tubing of carbon and
alloy steel (cold-drawn mechanical
tubing) from India, received
countervailable subsidies. The period of
review is September 25, 2017 through
December 31, 2018.
DATES: Applicable October 19, 2020.
FOR FURTHER INFORMATION CONTACT:
Eliza Siordia, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3878.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Appendix II
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
DEPARTMENT OF COMMERCE
18:05 Oct 16, 2020
Jkt 253001
Commerce published the Preliminary
Results of this review on March 5,
2020.1 On April 24, 2020, Commerce
tolled all deadlines in administrative
reviews by 50 days.2 On July 21, 2020,
Commerce tolled all deadlines in
administrative reviews by an additional
60 days.3 The deadline for the final
results of this review is now October 21,
2020. For a complete description of the
events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.4
1 See Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from India: Preliminary
Results of Countervailing Duty Administrative
Review, 2017–2018, 85 FR 12897 (March 5, 2020)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Countervailing Duty Administrative Review:
Certain Cold-Drawn Mechanical Tubing of Carbon
and Alloy Steel from India; 2017–2018,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
Scope of the Order
The products covered by this order
are cold-drawn mechanical tubing. For
a complete description of the scope of
the order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in interested parties’
briefs are addressed in the Issues and
Decision Memorandum. A list of the
issues raised by interested parties and to
which we responded in the Issues and
Decision Memorandum is provided in
the Appendix to this notice. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/
index.html. The signed and the
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
After evaluating the comments
received from interested parties and
record information, we have made no
changes to the net subsidy rate
calculated for Goodluck or TII. For a
discussion of these issues, see the Issues
and Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(l)(A)
of the Tariff Act of 1930, as amended
(the Act). For each of the subsidy
programs found countervailable, we
find that there is a subsidy, i.e., a
financial contribution from a
government or public entity that gives
rise to a benefit to the recipient, and the
subsidy is specific.5 For a full
description of the methodology
underlying our conclusions, see the
Issues and Decision Memorandum.
Final Results of Administrative Review
In accordance with section
751(a)(1)(A) of the Act and 19 CFR
351.221(b)(5), we determine the total
estimated net countervailable subsidy
rates for the period September 25, 2017
through December 31, 2018 to be as
follows:
5 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
6 As discussed in the Issues and Decision
Memorandum, Commerce has determined that this
E:\FR\FM\19OCN1.SGM
19OCN1
Agencies
[Federal Register Volume 85, Number 202 (Monday, October 19, 2020)]
[Notices]
[Pages 66302-66304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23110]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-904]
Forged Steel Fittings From the Republic of Korea: Final
Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that forged
steel fittings (FSF) from the Republic of Korea (Korea) are being, or
are likely to be, sold in the United States at less than fair value
(LTFV).
DATES: Applicable October 19, 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
On May 28, 2020, Commerce published the Preliminary Determination
in this investigation.\1\ A summary of the events that occurred since
Commerce published the Preliminary Determination, as well as a full
discussion of the issues raised by parties for this final
determination, may be found in the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See 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, 85 FR 32010 (May 28, 2020) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination in the Less-Than-Fair-Value Investigation of
Forged Steel Fittings from the Republic of Korea,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is October 1, 2018 through September
30, 2019.
Scope of the Investigation
The products covered by this investigation are forged steel
fittings from Korea. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
On May 20, 2020, we issued a Preliminary Scope Decision
Memorandum.\3\ Between June and July 2020, we received additional scope
comments from several interested parties. In response to these
comments, we have made changes to the scope of the investigation for
this final determination. For a full discussion and analysis of the
scope comments timely received, see the Final Scope Decision
Memorandum.\4\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Forged Steel Fittings from India and the
Republic of Korea: Scope Comments Preliminary Decision Memorandum,''
dated May 20, 2020 (Preliminary Scope Decision Memorandum).
\4\ See Memorandum, ``Forged Steel Fittings from India and the
Republic of Korea: Final Scope Decision Memorandum'' (Final Scope
Decision Memorandum), dated concurrently with this final
determination.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case briefs and rebuttal briefs submitted
by interested parties in this proceeding are addressed in the Issues
and Decision Memorandum. A list of the issues raised by parties and
responded to by Commerce in the Issues and Decision Memorandum is
attached to this notice as Appendix II. The Issues and Decision
Memorandum is a public document and is available 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 Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
Verification
Commerce normally verifies information relied upon in making final
determination, pursuant to section 782(i)(1) of the Tariff Act of 1930,
as amended (the Act). However, during the course of this investigation,
Commerce was unable to conduct on-site verification due to travel
restrictions. Accordingly, Commerce took additional steps in lieu of
verification, as discussed further in the Issues and Decision
Memorandum. Consistent with section 776(a)(2)(D) of the Act, Commerce
relied on the information submitted on the record as facts available in
making our final determination.
Changes Since the Preliminary Determination
Based on our analysis of the comments received and additional
information obtained since our preliminary findings, we made certain
changes to the margin calculations for Samyoung Fitting Co., Ltd.
(Samyoung), the sole cooperative respondent in this investigation,
since the Preliminary Determination. For a discussion of these changes,
see the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
individually investigated exporters and producers, excluding any
margins that are zero or de minimis or any margins determined entirely
under section 776 of the Act.
In this investigation, Commerce calculated an estimated weighted-
average dumping margin for Samyoung that is not zero, de minimis, or
based entirely on facts otherwise available. Commerce determined the
all-others rate using the estimated weighted-average dumping margin
calculated for Samyoung, the sole cooperative respondent.
Final Determination
The estimated weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Estimated
weighted-average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Samyoung Fitting Co., Ltd........................... 17.08
Sandong Metal Industry Co., Ltd..................... ** 198.38
ZEOtech Co., Ltd.................................... ** 198.38
Pusan Coupling Corporation.......................... ** 198.38
Shinchang Industries................................ ** 198.38
Shinwoo Tech........................................ ** 198.38
Titus Industrial Korea Co, Ltd...................... ** 198.38
All Others.......................................... 17.08
------------------------------------------------------------------------
** AFA
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final determination within five
days of any
[[Page 66303]]
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).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue the
suspension of liquidation of all appropriate entries of FSF, as
described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption on or after May 28, 2020, the
date of publication of the Preliminary Determination in this
investigation in the Federal Register. Further, Commerce will instruct
CBP to require a cash deposit equal to the estimated amount by which
the normal value exceeds the U.S. price as shown above.
Pursuant to section 735(c)(1)(B)(ii) of the Act, we will instruct
CBP to require a cash deposit equal to the estimated amount by which
the normal value exceeds the U.S. price as follows: (1) The cash
deposit rate for the respondent listed above will be equal to the
respondent-specific estimated weighted-average dumping margin
determined in this final 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 respondent-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. These suspension of liquidation instructions will
remain in effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, no later than 45 days after our final
determination. If the ITC determines that material injury or threat of
material injury does not exist, the proceeding will be terminated, and
all cash deposits will be refunded. If the ITC determines that material
injury or threat of material injury does exist, Commerce will issue an
antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise, entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and the terms of an APO is a violation subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c).
Dated: October 13, 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.
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 subs or wingnuts made to ASTM
A788, marked with ``FIG 1002,'' ``FIG 1502,'' or ``FIG 2002,'' and
with a pressure rating of 10,000 PSI or greater. These parts are
made from AISI/SAE
[[Page 66304]]
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Application of Facts Available and Use of Adverse Inferences
VI. Changes Since the Preliminary Determination
VII. Discussion of the Issues
Comment 1: Whether Commerce Should Accept Samyoung's Revised
Pressure Ratings
Comment 2: Whether Commerce Should Add Samyoung's Additional
Revenue Charges Comment 3: Whether Commerce Should Weight-Average
Certain Costs
Comment 4: Whether Commerce Should Include Certain Income and
Expenses in the General and Administrative (G&A) Expense Ratio
Calculation
VIII. Recommendation
[FR Doc. 2020-23110 Filed 10-16-20; 8:45 am]
BILLING CODE 3510-DS-P