Forged Steel Fittings from India: Countervailing Duty Order, 80016-80018 [2020-27305]
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80016
Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices
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
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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.
[FR Doc. 2020–27304 Filed 12–10–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–892]
Forged Steel Fittings from India:
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing a countervailing
duty order on forged steel fittings from
India.
DATES: Applicable December 11, 2020.
FOR FURTHER INFORMATION CONTACT:
Lauren Caserta, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4737.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In accordance with section 705(d) of
the Tariff Act of 1930, as amended (the
Act), on October 20, 2020, Commerce
published its affirmative final
determination that countervailable
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Sfmt 4703
subsidies are being provided to
producers and exporters of forged steel
fittings from India.1 On November 25,
2020, the ITC notified Commerce of its
affirmative determination that an
industry in the United States is
materially injured within the meaning
of section 705(b)(1)(A)(i) of the Act, by
reason of subsidized imports of subject
merchandise from India.2
Scope of the Order
The scope of this order covers forged
steel fittings from India. For a complete
description of the scope, see the
Appendix to this notice.
Countervailing Duty Order
On November 25, 2020, in accordance
with sections 705(b)(1)(A)(i) and 705(d)
of the Act, the ITC notified Commerce
of its final determination in this
investigation, in which it found that an
industry in the United States is
materially injured by reason of imports
of forged steel fittings from India.
Therefore, in accordance with section
705(c)(2) of the Act, Commerce is
issuing this countervailing duty order.
Because the ITC determined that
imports of forged steel fittings from
India are materially injuring a U.S.
industry, unliquidated entries of such
merchandise from India, entered or
withdrawn from warehouse for
consumption, are subject to the
assessment of countervailing duties.
Therefore, in accordance with section
706(a) of the Act, Commerce will direct
U.S. Customs and Border Protection
(CBP) to assess, upon further instruction
by Commerce, countervailing duties for
all relevant entries of forged steel
fittings from India. Countervailing
duties will be assessed on unliquidated
entries of forged steel fittings from India
entered, or withdrawn from warehouse,
for consumption on or after March 30,
2020, the date of publication of the
Preliminary Determination,3 but will
not include entries occurring after the
expiration of the provisional measures
period and before publication of the
ITC’s final injury determination, as
further described below.
Suspension of Liquidation
In accordance with section 706 of the
Act, Commerce will instruct CBP to
1 See Forged Steel Fittings from India: Final
Affirmative Countervailing Duty Determination, 85
FR 66535 (October 20, 2020).
2 See ITC’s Letter, ‘‘Notification of ITC Final
Determinations,’’ dated November 25, 2020.
3 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)
(Preliminary Determination).
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Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices
reinstitute the suspension of liquidation
of forged steel fittings from India. We
will also instruct CBP to require,
pursuant to section 706(a)(1) of the Act,
countervailing duties for each entry of
the subject merchandise in an amount
based on the net countervailable
subsidy rates for the subject
merchandise. These instructions
suspending liquidation will remain in
effect until further notice.
Company
Shakti Forge Industries Pvt.
Ltd 4 ...................................
Nikoo Forge Pvt. Ltd., Pan
International, Patton International Limited, Sage
Metals Limited, Kirtanlal
Steel Private Limited,
Disha Auto Components
Private Limited, Dynamic
Flow Products, Sara Sae
Private Limited, and
Parveen Industries Private
Limited ...............................
All Others ..............................
Subsidy rate
ad valorem
(percent)
2.64
300.77
2.64
jbell on DSKJLSW7X2PROD with NOTICES
Provisional Measures
Section 703(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months. In the underlying
investigation, Commerce published the
Preliminary Determination on March 30,
2020. Therefore, the four-month period
beginning on the date of the publication
of the Preliminary Determinations
ended on July 27, 2020.
In accordance with section 703(d) of
the Act and our practice, we instructed
CBP to terminate the suspension of
liquidation and to liquidate, without
regard to countervailing duties,
unliquidated entries of forged steel
fittings from India entered, or
withdrawn from warehouse, for
consumption on or after July 28, 2020,
the day after the date the provisional
measures expired, until and through the
day preceding the date of publication of
the ITC’s final injury determination in
the Federal Register. Suspension of
liquidation will resume on the date of
publication of the ITC’s final
determination in the Federal Register.
Notifications to Interested Parties
This notice constitutes the
countervailing duty order with respect
to forged steel fittings from India
pursuant to sections 706(a) of the Act.
Interested parties can find a list of
4 Commerce has found Shakti Forge Industries
Pvt. Ltd. and Shakti Forge to be cross-owned,
pursuant to 19 CFR 351.525(b)(6)(vi).
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23:25 Dec 10, 2020
Jkt 253001
countervailing duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
This order is issued and published in
accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
Dated: December 4, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Order
The merchandise covered by this order 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;
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Fmt 4703
Sfmt 4703
80017
• 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
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
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11DEN1
80018
Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices
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.
[FR Doc. 2020–27305 Filed 12–10–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–847]
Forged Steel Fluid End Blocks From
the Federal Republic of Germany: Final
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 imports of
forged steel fluid end blocks (fluid end
blocks) from the Federal Republic of
Germany (Germany) are being, or are
likely to be, sold in the United States at
less than fair value (LTFV) for the
period of investigation October 1, 2018
through September 30, 2019.
DATES: Applicable December 11, 2020.
FOR FURTHER INFORMATION CONTACT:
Alexis Cherry or Katherine Johnson,
AD/CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0607 or
(202) 482–4929, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
On July 23, 2020, Commerce
published in the Federal Register its
preliminary affirmative determination
in the LTFV investigation of fluid end
blocks from Germany, in which we also
postponed the final determination until
December 7, 2020.1 We invited
interested parties to comment on the
Preliminary Determination. A summary
of the events that occurred since
Commerce published the Preliminary
Determination, as well as a full
1 See Forged Steel Fluid End Blocks from the
Federal Republic of Germany: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 85 FR
44513 (July 23, 2020) (Preliminary Determination)
and accompanying Preliminary Decision
Memorandum.
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23:25 Dec 10, 2020
Jkt 253001
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum.2
Scope of the Investigation
The products covered by this
investigation are fluid end blocks from
Germany. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
During the course of this
investigation, Commerce received scope
comments from interested parties.
Commerce issued a Preliminary Scope
Decision Memorandum to address these
comments.3 We received comments
from interested parties on the
Preliminary Scope Decision
Memorandum, which we address in the
Final Scope Decision Memorandum,
dated concurrently with, and hereby
adopted by, this final determination.4
Commerce is not modifying the scope
language as it appeared in the
Preliminary Determination. See
Appendix I for the final scope of the
investigation.
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation as
provided for in section 782(i) of the
Tariff Act of 1930, as amended (the Act).
Accordingly, we took additional steps in
lieu of on-site verification and requested
additional documentation and
information.5
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings
related to our request for information in
lieu of verification, we made certain
changes to the margin calculations. For
a discussion of these changes, see the
‘‘Margin Calculations’’ section of the
Issues and Decision Memorandum.
Use of Adverse Facts Available
The respondents Schmiedewerke
Groditz GmbH (SWG) and voestalpine
Bohler Group (voestalpine) failed to
cooperate in this investigation.
Therefore, in the Preliminary
Determination, pursuant to sections
776(a) and (b) of the Act, Commerce
Analysis of Comments Received
assigned SWG and voestalpine a rate
All issues raised in the case and
based on adverse facts available (AFA).
rebuttal briefs that were submitted by
There is no new information on the
parties in this investigation are
record that would cause us to revisit our
addressed in the Issues and Decision
determination to apply AFA to these
Memorandum. A list of the issues
companies. Accordingly, we continue to
addressed in the Issues and Decision
find that the application of AFA
Memorandum is attached to this notice
at Appendix II. The Issues and Decision pursuant to sections 776(a) and (b) of
Memorandum is a public document and the Act is warranted with respect to
is on file electronically via Enforcement SWG and voestalpine. Commerce has
assigned to SWG’s and voestalpine’s
and Compliance’s Antidumping and
exports of the subject merchandise the
Countervailing Duty Centralized
rate of 70.84 percent, which is BGH’s
Electronic Service System (ACCESS).
highest transaction-specific margin.6
ACCESS is available to registered users
at https://access.trade.gov. In addition, a Because this rate is not secondary
information, but rather is based on
complete version of the Issues and
Decision Memorandum can be accessed information obtained in the course of
directly at https://enforcement.trade.gov/ the investigation, Commerce need not
corroborate this rate pursuant to section
frn. The signed and electronic versions
776(c) of the Act.
of the Issues and Decision
Memorandum are identical in content.
All-Others Rate
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Forged Steel Fluid End Blocks from
the Federal Republic of Germany,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3 See Memorandum, ‘‘Forged Steel Fluid End
Blocks from the Federal Republic of Germany,
India, Italy, and the People’s Republic of China:
Scope Comments Decision Memorandum for the
Preliminary Determinations,’’ dated May 18, 2020
(Preliminary Scope Decision Memorandum).
4 See Memorandum, ‘‘Forged Steel Fluid End
Blocks from the Federal Republic of Germany,
India, Italy, and the People’s Republic of China:
Scope Comments Decision Memorandum for the
Final Determinations,’’ dated December 7, 2020
(Final Scope Decision Memorandum).
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Sfmt 4703
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 exporters and producers
5 See Commerce’s Letter to BGH, ‘‘Less-Than-FairValue Investigation of Forged Steel Fluid End
Blocks from the Federal Republic of Germany,’’
dated October 20, 2020; see also BGH’s Letter,
‘‘Forged Steel Fluid End Blocks from Germany:
Response to Questionnaire in Lieu of Performing
On-Site Verification,’’ dated October 28, 2020.
6 See Issues and Decision Memorandum.
E:\FR\FM\11DEN1.SGM
11DEN1
Agencies
[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Pages 80016-80018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27305]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-892]
Forged Steel Fittings from India: Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing a countervailing duty order on forged steel
fittings from India.
DATES: Applicable December 11, 2020.
FOR FURTHER INFORMATION CONTACT: Lauren Caserta, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4737.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 705(d) of the Tariff Act of 1930, as
amended (the Act), on October 20, 2020, Commerce published its
affirmative final determination that countervailable subsidies are
being provided to producers and exporters of forged steel fittings from
India.\1\ On November 25, 2020, the ITC notified Commerce of its
affirmative determination that an industry in the United States is
materially injured within the meaning of section 705(b)(1)(A)(i) of the
Act, by reason of subsidized imports of subject merchandise from
India.\2\
---------------------------------------------------------------------------
\1\ See Forged Steel Fittings from India: Final Affirmative
Countervailing Duty Determination, 85 FR 66535 (October 20, 2020).
\2\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated November 25, 2020.
---------------------------------------------------------------------------
Scope of the Order
The scope of this order covers forged steel fittings from India.
For a complete description of the scope, see the Appendix to this
notice.
Countervailing Duty Order
On November 25, 2020, in accordance with sections 705(b)(1)(A)(i)
and 705(d) of the Act, the ITC notified Commerce of its final
determination in this investigation, in which it found that an industry
in the United States is materially injured by reason of imports of
forged steel fittings from India. Therefore, in accordance with section
705(c)(2) of the Act, Commerce is issuing this countervailing duty
order. Because the ITC determined that imports of forged steel fittings
from India are materially injuring a U.S. industry, unliquidated
entries of such merchandise from India, entered or withdrawn from
warehouse for consumption, are subject to the assessment of
countervailing duties.
Therefore, in accordance with section 706(a) of the Act, Commerce
will direct U.S. Customs and Border Protection (CBP) to assess, upon
further instruction by Commerce, countervailing duties for all relevant
entries of forged steel fittings from India. Countervailing duties will
be assessed on unliquidated entries of forged steel fittings from India
entered, or withdrawn from warehouse, for consumption on or after March
30, 2020, the date of publication of the Preliminary Determination,\3\
but will not include entries occurring after the expiration of the
provisional measures period and before publication of the ITC's final
injury determination, as further described below.
---------------------------------------------------------------------------
\3\ 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) (Preliminary Determination).
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Suspension of Liquidation
In accordance with section 706 of the Act, Commerce will instruct
CBP to
[[Page 80017]]
reinstitute the suspension of liquidation of forged steel fittings from
India. We will also instruct CBP to require, pursuant to section
706(a)(1) of the Act, countervailing duties for each entry of the
subject merchandise in an amount based on the net countervailable
subsidy rates for the subject merchandise. These instructions
suspending liquidation will remain in effect until further notice.
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\4\ Commerce has found Shakti Forge Industries Pvt. Ltd. and
Shakti Forge to be cross-owned, pursuant to 19 CFR
351.525(b)(6)(vi).
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Subsidy rate
Company ad valorem
(percent)
------------------------------------------------------------------------
Shakti Forge Industries Pvt. Ltd \4\.................... 2.64
Nikoo Forge Pvt. Ltd., Pan International, Patton 300.77
International Limited, Sage Metals Limited, Kirtanlal
Steel Private Limited, Disha Auto Components Private
Limited, Dynamic Flow Products, Sara Sae Private
Limited, and Parveen Industries Private Limited........
All Others.............................................. 2.64
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Provisional Measures
Section 703(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months. In the underlying investigation, Commerce
published the Preliminary Determination on March 30, 2020. Therefore,
the four-month period beginning on the date of the publication of the
Preliminary Determinations ended on July 27, 2020.
In accordance with section 703(d) of the Act and our practice, we
instructed CBP to terminate the suspension of liquidation and to
liquidate, without regard to countervailing duties, unliquidated
entries of forged steel fittings from India entered, or withdrawn from
warehouse, for consumption on or after July 28, 2020, the day after the
date the provisional measures expired, until and through the day
preceding the date of publication of the ITC's final injury
determination in the Federal Register. Suspension of liquidation will
resume on the date of publication of the ITC's final determination in
the Federal Register.
Notifications to Interested Parties
This notice constitutes the countervailing duty order with respect
to forged steel fittings from India pursuant to sections 706(a) of the
Act. Interested parties can find a list of countervailing duty orders
currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
This order is issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: December 4, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The merchandise covered by this order 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 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
[[Page 80018]]
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.
[FR Doc. 2020-27305 Filed 12-10-20; 8:45 am]
BILLING CODE 3510-DS-P