Forged Steel Fittings From India: Final Affirmative Determination of Sales at Less Than Fair Value, 66306-66309 [2020-23111]
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66306
Federal Register / Vol. 85, No. 202 / Monday, October 19, 2020 / Notices
According to the applicant, there are no
instruments of the same general
category manufactured in the United
States. Application accepted by
Commissioner of Customs: July 20,
2020.
Docket Number: 20–005. Applicant:
University of Chicago Argonne LLC,
Operator of National Laboratory 9700
South Cass Avenue, Lemont, IL 60439–
4873. Instrument: Libera Brilliance+ 4⁄4
with GDX module BPM electronics.
Manufacturer: Instrumentation
Technologies D.D, Solvenia. Intended
Use: According to the applicant, the
instrument will be used to study
precision measurement for the particle
beam position in the Advanced Photon
Source Upgrade storage ring. The
measurement information is used to
steer the particle beam and photon beam
that will be used as a three-dimensional
X-ray microscope for experimental
purposes. The materials/phenomena
include material properties analysis,
protein mapping for pharmaceutical
companies, X-ray imaging and chemical
composition determination and many
others, but are not limited to grain
structure, grain boundary and
interstitial defects and morphology.
These properties are not only studied at
ambient environments, but also under
high pressure, temperature, stress and
strain. Justification for Duty-Free Entry:
According to the applicant, there are no
instruments of the same general
category manufactured in the United
States. Application accepted by
Commissioner of Customs: July 30,
2020.
Docket Number: 20–006. Applicant:
University of Chicago Argonne LLC,
Operator of National Laboratory 9700
South Cass Avenue, Lemont, IL 60439–
4873. Instrument: Canted Undulator
GRID Masks. Manufacturer: Strumenti
Scientific CINEL S.R.L., Italy.
Intended Use: According to the
applicant, the instrument will be used
to study and assemble the new canted
undulator front ends for the Advanced
Photon Source upgrade. The front end
consists of a series of components that
connect the storage ring to the user
beamline in order to deliver a photon
beam that will be used as a threedimensional X-ray microscope for
experimental purposes. The materials/
phenomena vary widely from material
properties analysis, protein mapping for
pharmaceutical companies, X-ray
imaging and chemical composition
determination to name a few. The
properties of the materials are not
limited to grain structure, grain
boundary and interstitial defects and
morphology. These properties are
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18:05 Oct 16, 2020
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studied at ambient environments but
also under high pressure, temperature,
stress and strain. Justification for DutyFree Entry: According to the applicant,
there are no instruments of the same
general category manufactured in the
United States. Application accepted by
Commissioner of Customs: July 29,
2020.
Docket Number: 20–007. Applicant:
University of Chicago Argonne LLC,
Operator of National Laboratory 9700
South Cass Avenue, Lemont, IL 60439–
4873. Instrument: Canted Undulator
Premasks and Exit Masks. Manufacturer:
Strumenti Scientific CINEL S.R.L., Italy.
Intended Use: According to the
applicant, the instrument will be used
to study and assemble the new canted
undulator front ends for the Advanced
Photon Source upgrade. The front end
consists of a series of components that
connect the storage ring to the user
beamline in order to deliver a photon
beam that will be used as a threedimensional X-ray microscope for
experimental purposes. The materials/
phenomena vary widely from material
properties analysis, protein mapping for
pharmaceutical companies, X-ray
imaging and chemical composition
determination to name a few. The
properties of the materials are not
limited to grain structure, grain
boundary and interstitial defects and
morphology. These properties are
studied at ambient environments but
also under high pressure, temperature,
stress and strain. Justification for DutyFree Entry: According to the applicant,
there are no instruments of the same
general category manufactured in the
United States. Application accepted by
Commissioner of Customs: July 29,
2020.
Dated: October 7, 2020.
Richard Herring,
Acting Director, Subsidies Enforcement,
Enforcement and Compliance.
[FR Doc. 2020–22997 Filed 10–16–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–891]
Forged Steel Fittings From India: 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 India are being, or
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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
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 India. 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, including the petitioners. 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
1 See Forged Steel Fittings from India: Preliminary
Affirmative Determination of Sales at Less-ThanFair-Value, Postponement of Final Determination,
and Extension of Provisional Measures, 85 FR
32007 (May 28, 2020) (Preliminary Determination)
and accompanying Preliminary Decision
Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Less-Than-Fair-Value Investigation of Forged Steel
Fittings from India,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
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 October 13, 2020.
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Analysis of Comments Received
All issues raised in the case briefs and
rebuttal briefs submitted by interested
parties in this proceeding are discussed
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/
index.html. 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
and took additional steps in lieu of
verification, as discussed 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.5
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
Shakti Forge Industries Pvt. Ltd.
(Shakti), 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 weightedaverage 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.
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.’’
For this final determination,
Commerce has determined that the
estimated weighted-average dumping
margin for Shakti is zero. In addition,
Commerce has 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).6 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 assigning as the all-others rate.
For a full discussion of the all-others
rate methodology, see the Issues and
Decision Memorandum.
Final Determination
The estimated weighted-average
dumping margins are as follows:
Estimated weightedaverage
dumping margin
(percent)
Exporter/producer
Shakti Forge Industries Pvt. Ltd 8 ........................................................................................................
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) 7
Not Applicable
290.88
290.88
290.88
290.88
290.88
290.88
290.88
290.88
290.88
193.08
* (de minimis)
** (AFA)
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Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this final
determination within five days of any
public announcement or, if there is no
5 Id.
6 See
Issues and Decision Memorandum.
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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
7 See Memorandum, ‘‘Final Countervailing Duty
Determination Calculations for Shakti Forge
Industries Pvt. Ltd. and Shakti Forge,’’ dated
October 13, 2020.
8 Shakti and Shakti Forge are a single entity. See
Preliminary Decision Memorandum.
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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
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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. Because the rate for
Shakti is zero, we will not instruct CBP
to suspend liquidation of entries of
subject merchandise produced and
exported by Shakti or Shakti Forge or to
require cash deposits on such entries.
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
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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
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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
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
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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
Revise Its All-Others Methodology
Comment 2: Whether Commerce Should
Base Shakti’s Dumping Margin on
Adverse Facts Available
Comment 3: Whether Commerce Should
Adjust Shakti’s Direct Materials
Consumption Cost
Comment 4: Whether Commerce Should
Disallow the Interest Expense Offset of
Shakti Forge
VIII. Recommendation
[FR Doc. 2020–23111 Filed 10–16–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
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South Atlantic Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
VerDate Sep<11>2014
18:05 Oct 16, 2020
The South Atlantic Fishery
Management Council’s (Council) will
hold a meeting of the Snapper Grouper
Advisory Panel (AP) on November 4–6,
2020.
Dated: October 14, 2020.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
The Snapper Grouper AP will
meet from 1:30 p.m.–4:30 p.m. on
November 4, 2020; 9 a.m. to 4 p.m. on
November 5, 2020; and 9 a.m. to 12 p.m.
on November 6, 2020.
BILLING CODE 3510–22–P
SUMMARY:
DATES:
The meeting will be held
via webinar.
Council address: South Atlantic
Fishery Management Council, 4055
Faber Place Drive, Suite 201, N
Charleston, SC 29405.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Kim
Iverson, Public Information Officer,
SAFMC; phone: (843) 571–4366 or toll
free: (866) SAFMC–10; fax: (843) 769–
4520; email: kim.iverson@safmc.net.
The AP
meeting is open to the public and will
be available via webinar as it occurs.
Registration is required. Webinar
registration information, a public
comment form, and other meeting
materials will be posted to the Council’s
website at: https://safmc.net/safmcmeetings/current-advisory-panelmeetings/ as it becomes available.
The Snapper Grouper AP will discuss
and provide recommendations on the
following topics: The need for
conservation and management of eight
snapper grouper species (cubera
snapper, margate, sailor’s choice, coney,
yellowfin grouper, saucereye porgy,
misty grouper, and blackfin snapper);
management measures for red porgy,
best fishing practices and use of
descending devices; and recreational
management issues in the South
Atlantic region. In addition, the AP will
provide information to develop a
Fishery Performance Report for red
snapper. The AP will also receive
updates on the MyFishCount voluntary
recreational reporting project, the
Council’s Citizen Science Program
initiatives, potential regional efforts to
address management challenges related
to climate change, shark depredation,
and other items as needed.
SUPPLEMENTARY INFORMATION:
Special Accommodations
[RTID 0648–XA557]
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66309
The meeting is physically accessible
to people with disabilities. Requests for
auxiliary aids should be directed to the
Council office (see ADDRESSES) 5 days
prior to the meeting.
Note: The times and sequence specified in
this agenda are subject to change.
Authority: 16 U.S.C. 1801 et seq.
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[FR Doc. 2020–23049 Filed 10–16–20; 8:45 am]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA556]
South Atlantic Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
The South Atlantic Fishery
Management Council (Council) will
hold a meeting of its Mackerel Cobia
Advisory Panel (AP) on November 2,
2020.
DATES: The meeting will be held via
webinar on November 2, 2020, from 1
p.m. until 5 p.m.
ADDRESSES:
Meeting address: The meeting will be
held via webinar. The webinar is open
to members of the public. Registration is
required. Webinar registration, an
online public comment form, and
briefing book materials will be available
two weeks prior to the meeting at:
https://safmc.net/safmc-meetings/
current-advisory-panel-meetings/.
Council address: South Atlantic
Fishery Management Council, 4055
Faber Place Drive, Suite 201, N
Charleston, SC 29405.
FOR FURTHER INFORMATION CONTACT:
Christina Wiegand, Fishery Social
Scientist, SAFMC; phone: (843) 571–
4366 or toll free: (866) SAFMC–10; fax:
(843) 769–4520; email: kim.iverson@
safmc.net.
SUPPLEMENTARY INFORMATION: The
Mackerel Cobia AP will meet via
webinar. Agenda items: An update on
actions related the Coastal Migratory
Pelagics (CMP) fishery including the
Southeast Data, Assessment and Review
(SEDAR) 78 stock assessment for South
Atlantic Spanish mackerel currently in
the planning stages and CMP
Amendment 32 addressing Gulf of
Mexico cobia. The AP will discuss the
results of the SEDAR 38 Update for
Atlantic king mackerel and proposed
modifications to management measures
and sector allocations. AP members will
receive updates on Council involvement
in activities related to climate change
SUMMARY:
E:\FR\FM\19OCN1.SGM
19OCN1
]]>Agencies
[Federal Register Volume 85, Number 202 (Monday, October 19, 2020)]
[Notices]
[Pages 66306-66309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23111]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-891]
Forged Steel Fittings From India: 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 India 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\
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\1\ See Forged Steel Fittings from India: Preliminary
Affirmative Determination of Sales at Less-Than-Fair-Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 85 FR 32007 (May 28, 2020) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination in the Less-Than-Fair-Value Investigation of
Forged Steel Fittings from India,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
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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 India. 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, including the petitioners. 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\
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\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 October 13, 2020.
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[[Page 66307]]
Analysis of Comments Received
All issues raised in the case briefs and rebuttal briefs submitted
by interested parties in this proceeding are discussed 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 and took additional steps in lieu of verification, as
discussed 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.\5\
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\5\ Id.
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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 Shakti Forge Industries Pvt.
Ltd. (Shakti), 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.
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.''
For this final determination, Commerce has determined that the
estimated weighted-average dumping margin for Shakti is zero. In
addition, Commerce has 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).\6\ 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
assigning as the all-others rate. For a full discussion of the all-
others rate methodology, see the Issues and Decision Memorandum.
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\6\ See Issues and Decision Memorandum.
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Final Determination
The estimated weighted-average dumping margins are as follows:
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\7\ See Memorandum, ``Final Countervailing Duty Determination
Calculations for Shakti Forge Industries Pvt. Ltd. and Shakti
Forge,'' dated October 13, 2020.
\8\ Shakti and Shakti Forge are a single entity. See Preliminary
Decision Memorandum.
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Cash deposit rate
Estimated weighted- (adjusted for
Exporter/producer average dumping subsidy offset(s))
margin (percent) (percent) \7\
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Shakti Forge Industries Pvt. * 0.00 Not Applicable
Ltd \8\......................
Nikoo Forge Pvt. Ltd.......... ** 293.40 290.88
Pan International............. ** 293.40 290.88
Disha Auto Components Pvt. Ltd ** 293.40 290.88
Dynamic Flow Products......... ** 293.40 290.88
Kirtanlal Steel Pvt Ltd....... ** 293.40 290.88
Metal Forgings Pvt Ltd........ ** 293.40 290.88
Patton International Limited.. ** 293.40 290.88
Sage Metals Limited........... ** 293.40 290.88
Technotrak Engineers.......... ** 293.40 290.88
All-Others.................... 195.60 193.08
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* (de minimis)
** (AFA)
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final 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).
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
[[Page 66308]]
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. Because the rate for Shakti is
zero, we will not instruct CBP to suspend liquidation of entries of
subject merchandise produced and exported by Shakti or Shakti Forge or
to require cash deposits on such entries.
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 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
[[Page 66309]]
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 Revise Its All-Others
Methodology
Comment 2: Whether Commerce Should Base Shakti's Dumping Margin
on Adverse Facts Available
Comment 3: Whether Commerce Should Adjust Shakti's Direct
Materials Consumption Cost
Comment 4: Whether Commerce Should Disallow the Interest Expense
Offset of Shakti Forge
VIII. Recommendation
[FR Doc. 2020-23111 Filed 10-16-20; 8:45 am]
BILLING CODE 3510-DS-P
