Forged Steel Fittings From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2018-2019, 16186-16189 [2021-06298]

Download as PDF 16186 Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES • Clad products in straight lengths of 4.7625 mm or more in composite thickness and of a width which exceeds 150 mm and measures at least twice the thickness; and • Certain clad stainless flat-rolled products, which are three-layered corrosion-resistant flat-rolled steel products less than 4.75 mm in composite thickness that consist of a flat-rolled steel product clad on both sides with stainless steel in a 20%– 60%–20% ratio. The products subject to the order are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030, 7210.49.0091, 7210.49.0095, 7210.61.0000, 7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.6000, 7210.90.9000, 7212.20.0000, 7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000, and 7212.60.0000. The products subject to the order may also enter under the following HTSUS item numbers: 7210.90.1000, 7215.90.1000, 7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090, 7225.91.0000, 7225.92.0000, 7225.99.0090, 7226.99.0110, 7226.99.0130, 7226.99.0180, 7228.60.6000, 7228.60.8000, and 7229.90.1000. The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of the order is dispositive. Final Determination of No Shipments In the Preliminary Results, Commerce determined that NSSVC, HSG, and TDA had no shipments of subject merchandise during the POR.2 As Commerce did not receive any comments on its preliminary finding, Commerce continues to find that NSSVC, HSG, and TDA did not have any shipments of subject merchandise during the POR and intends to instruct U.S. Customs and Border Protection (CBP) to liquidate any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s cash deposit rate) at the China-wide entity rate, 199.43 percent.3 2 Id. 3 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011); see also Certain Corrosion-Resistant Steel Products from the People’s Republic of China: Final Determination of VerDate Sep<11>2014 17:14 Mar 25, 2021 Jkt 253001 Commerce intends to issue appropriate assessment instructions directly to CBP no earlier than 35 days after the date of publication of this notice in the Federal Register. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding Administrative Protection Order This notice also serves as the only reminder to parties subject to 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 written notification of the return of 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 sanctionable violation. Notification to Interested Parties This notice is issued and published in accordance with sections 751(a) and 777(i) of the Act, and 19 CFR 351.213(h). Dated: March 22, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–06296 Filed 3–25–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE The Department of Commerce (Commerce) preliminarily determines that Both-Well (Taizhou) Steel Fittings Co., Ltd., an exporter of forged steel fittings from the People’s Republic of China (China), did not sell subject merchandise in the United States at prices below normal value (NV) during the period of review (POR) May 17, 2018, through October 31, 2019. We also preliminarily find that Ningbo Zhongan Forging Co., Ltd. (Ningbo Zhongan) is not eligible for a separate rate and is, therefore, part of the China-wide entity. Interested parties are invited to comment on these preliminary results. DATES: Applicable March 26, 2021. FOR FURTHER INFORMATION CONTACT: Jinny Ahn, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0339. SUPPLEMENTARY INFORMATION: SUMMARY: Background This administrative review is being conducted in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). On January 17, 2020, Commerce published the notice of initiation of this administrative review, covering 26 companies.1 On February 13, 2020, Commerce selected as mandatory respondents Both-Well (Taizhou) Steel Fittings Co., Ltd. (BothWell) and Ningbo Zhongan Forging Co., Ltd. (Ningbo Zhongan), the two companies accounting for the largest volume of U.S. entries of subject merchandise into the United States as reported by U.S. Customs and Border Protection (CBP).2 On February 18, 2020, Commerce issued the non-market economy (NME) antidumping duty (AD) questionnaire to Both-Well and Ningbo Zhongan. On March 4, 2020, Ningbo Zhongan notified Commerce that it did not intend to respond to the NME AD questionnaire.3 International Trade Administration [A–570–067] Forged Steel Fittings From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: Sales at Less Than Fair Value, and Final Affirmative Critical Circumstances Determination, in Part, 81 FR 35316 (June 2, 2016). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 3014 (January 17, 2020) (Initiation Notice). We note that the Initiation Notice identifies 27 companies initiated for review, but for purposes of respondent selection, we considered two of the initiated companies as the same company: Both-Well (Taizhou) Steel Fittings Co., Ltd. and Both-Well Taizhou Steel Fittings Co., Ltd. See Memorandum, ‘‘Antidumping Duty Administrative Review of Forged Steel Fittings from the People’s Republic of China: Selection of Respondents for Individual Examination,’’ dated February 13, 2020 (Respondent Selection Memo). 2 See Respondent Selection Memo. 3 See Ningbo Zhongan’s Letter, ‘‘Ningbo Zhongan Notice of No Intent to Respond to Questionnaire for Administrative Review of the Antidumping Duty Order on Forged Steel Fittings from the People’s Republic of China,’’ dated March 4, 2020. E:\FR\FM\26MRN1.SGM 26MRN1 Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Notices On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days.4 On July 21, 2020, Commerce tolled all deadlines in administrative reviews by an additional 60 days.5 On November 3, 2020, Commerce extended the preliminary results deadline by 60 days.6 On January 4, 2021, Commerce extended the preliminary results deadline by an additional 60 days until March 19, 2021. For a complete description of the events that followed the initiation of this administrative review, see the Preliminary Decision Memorandum.7 Scope of the Order 8 The merchandise covered by the Order is carbon and alloy forged steel fittings, whether unfinished (commonly known as blanks or rough forgings) or finished. Subject carbon and alloy forged steel fittings are normally entered under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7307.99.1000, 7307.99.3000, 7307.99.5045, and 7307.99.5060. They also may be entered under HTSUS subheadings 7307.92.3010, 7307.92.3030, 7307.92.9000, and 7326.19.0010. The HTSUS subheadings and specifications are provided for convenience and customs purposes; the written description of the scope is dispositive. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. Methodology khammond on DSKJM1Z7X2PROD with NOTICES Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Act and 19 CFR 351.213. We calculated export prices in accordance with section 772 of the Act. Because China is an NME country within the meaning of section 771(18) of the Act, 4 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. 5 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews,’’ dated July 21, 2020. 6 See Memorandum, ‘‘Forged Steel Fittings from the People’s Republic of China: Extension of Deadline for Preliminary Results of the First Antidumping Duty Administrative Review,’’ dated November 3, 2020. 7 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments: Forged Steel Fittings from the People’s Republic of China; 2018– 2019,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 8 See Forged Steel Fittings From Italy and the People’s Republic of China: Antidumping Duty Orders, 83 FR 60397, dated November 26, 2018 (Order). VerDate Sep<11>2014 17:14 Mar 25, 2021 Jkt 253001 NV has been calculated in accordance with section 773(c) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. A list of the topics included in the Preliminary Decision Memorandum is included in Appendix I to this notice. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum is available at http://enforcement.trade.gov/frn/. Preliminary Determination of No Shipments Based on our analysis of CBP information and the no-shipment certifications submitted by Dalian Guangming Pipe Fittings Co., Ltd., Jiangsu Forged Pipe Fittings Co., Ltd., Lianfa Stainless Steel Pipes & Valves (Qingyun) Co., Ltd., and Qingdao Bestflow Industrial Co., Ltd., Commerce preliminarily determines that these four companies had no shipments of subject merchandise during the POR. For additional information regarding this determination, see the Preliminary Decision Memorandum. Consistent with our practice, we are not rescinding this review with respect to these companies but, instead, intend to complete the review and issue appropriate instructions to CBP based on the final results of the review.9 Separate Rates Commerce preliminary finds that Ningbo Zhongan has not established its eligibility for a separate rate. Moreover, Commerce preliminarily finds that 14 other companies for which a review was initiated did not establish their eligibility for a separate rate because they failed to provide a separate rate application, a separate rate certification, or a no-shipment certification if they were already eligible for a separate rate.10 As such, we preliminarily determine that Ningbo Zhongan and these 14 companies are part of the China-wide entity. Additionally, Commerce preliminarily finds that the information 9 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694–95 (October 24, 2011) (NME Assessment of Duties). 10 See Appendix II of this notice which identifies these 14 companies along with Ningbo Zhongan. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 16187 placed on the record by six companies in addition to Both-Well demonstrates that these companies are eligible for a separate rate. These six companies are: Ningbo Long Teng Metal Manufacturing Co., Ltd.; Ningbo Save Technology Co., Ltd.; Q.C. Witness International Co., Ltd.; Xin Yi International Trade Co., Limited; Yingkou Guangming Pipeline Industry Co., Ltd.; and Yuyao Wanlei Pipe Fitting Manufacturing Co., Ltd. For additional information, see the Preliminary Decision Memorandum. Dumping Margin for Non-Individually Examined Companies Granted a Separate Rate In these preliminary results, because the only participating mandatory respondent (i.e., Both-Well) eligible for a separate rate has received a weightedaverage dumping margin of zero percent, we look to section 753(c)(5)(B) of the Act for guidance, which instructs Commerce to use any ‘‘reasonable method’’ to determine the rate for exporters that are not being individually examined and found to be entitled to a separate rate. Accordingly, for these preliminary results, we find it appropriate to assign the calculated weighted-average dumping margin of the sole participating mandatory respondent, Both-Well (i.e., zero percent) as the weighted-average dumping margin for the non-selected, separate rate respondents. For additional information, see the Preliminary Decision Memorandum. The China-Wide Entity Commerce’s policy regarding conditional review of the China-wide entity applies to this administrative review.11 Under this policy, the Chinawide entity will not be under review unless a party specifically requests, or Commerce self-initiates, a review of the China-wide entity.12 Because no party requested a review of the China-wide entity in this review, the China-wide entity is not under review and the China-wide entity’s rate (i.e., 142.72 percent) is not subject to change.13 For additional information, see the Preliminary Decision Memorandum. 11 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). 12 Id. 13 See Order, 83 FR at 60397. E:\FR\FM\26MRN1.SGM 26MRN1 16188 Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Notices Preliminary Results of the Review Commerce preliminarily determines that the following weighted-average dumping margins exist for the POR: Weightedaverage dumping margin (percent) Exporter Both-Well (Taizhou) Steel Fittings Co., Ltd ................................................................................................................................... 0.00 Review-Specific Rate Applicable to the Following Companies khammond on DSKJM1Z7X2PROD with NOTICES Ningbo Long Teng Metal Manufacturing Co., Ltd ......................................................................................................................... Ningbo Save Technology Co., Ltd ................................................................................................................................................ Q.C. Witness International Co., Ltd ............................................................................................................................................... Yingkou Guangming Pipeline Industry Co., Ltd ............................................................................................................................ Yuyao Wanlei Pipe Fitting Manufacturing Co., Ltd ....................................................................................................................... Xin Yi International Trade Co., Limited ......................................................................................................................................... Disclosure and Public Comment Commerce intends to disclose the calculations performed for these preliminary results to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit case briefs no later than 30 days after the date of publication of this notice. Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the case briefs are filed.14 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance within 30 days of the date of publication of this notice. Requests should contain: (1) The party’s name, address and telephone number; (2) the number of participants; and (3) a list of issues parties intend to discuss. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs.15 If a request for a hearing is made, Commerce will announce the date and time of the hearing. All submissions to Commerce must be filed electronically using Enforcement and Compliance’s electronic records system, ACCESS,16 and must also be served on interested parties.17 An electronically filed document must be 14 See 19 CFR 351.309(d). 19 CFR 351.310(c). 16 See 19 CFR 351.303. 17 See 19 CFR 351.303(f). 17:14 Mar 25, 2021 Assessment Rates In accordance with section 751(a)(2)(C) of the Act, the final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by this review. Upon issuance of the final results, Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.19 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the company-specific weighted-average dumping margin is not zero or de 18 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 41363 (July 10, 2020). 19 See 19 CFR 351.212(b)(1). 15 See VerDate Sep<11>2014 received successfully in its entirety by ACCESS, by 5 p.m. Eastern Time (ET) on the date that the document is due. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.18 Unless otherwise extended, Commerce intends to issue the final results of this administrative review, which will include the results of its analysis of issues raised in any briefs, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act. Jkt 253001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 0.00 0.00 0.00 0.00 0.00 0.00 minimis, and, for Both-Well, when the importer-specific assessment rate calculated in the final results of this review is not zero or de minimis (i.e., less than 0.50 percent). Where either a company’s weighted-average dumping margin is zero or de minimis, or an importer-specific assessment rate is zero or de minimis,20 we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. If Both-Well’s weighted-average dumping margin is not zero or de minimis in the final results of this review, Commerce will instruct CBP to collect the appropriate duties at the time of liquidation, in accordance with 19 CFR 351.212(b)(1).21 We intend to instruct CBP to take into account the ‘‘provisional measures deposit cap,’’ in accordance with 19 CFR 351.212(d). For the respondents that were not selected for individual examination in this administrative review but qualified for a separate rate, the assessment rate will be equal to the weighted-average dumping margin assigned to Both-Well in the final results of this review. For the final results, if we continue to find that Ningbo Zhongan and the 14 companies, identified in Appendix II, are ineligible for a separate rate and are, therefore, considered part of the Chinawide entity, we will instruct CBP to apply an assessment rate of 147.72 percent (the China-wide entity rate) to all entries of subject merchandise during the POR which were exported by those companies. 20 See 19 CFR 351.106(c)(2). will apply the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). 21 Commerce E:\FR\FM\26MRN1.SGM 26MRN1 Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Notices For entries that were not reported in the U.S. sales data submitted by BothWell during this review, Commerce will instruct CBP to liquidate such entries at the rate for the China-wide entity.22 Additionally, if Commerce determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s cash deposit rate) will be liquidated at the rate for the Chinawide entity. khammond on DSKJM1Z7X2PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For each company listed in the final results of this review, the cash deposit rate will be equal to the weighted-average dumping margin established in the final results of this review (except, if the rate is de minimis, then the cash deposit rate will be zero); (2) for previously examined Chinese and non-Chinese exporters not listed above that received a separate rate in a prior completed segment of this proceeding, the cash deposit rate will continue to be the existing exporterspecific cash deposit rate; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the China-wide entity (i.e., 147.72 percent); and (4) for all non-Chinese exporters of subject merchandise which have not received their own separate rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that non-Chinese exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. 22 See NME Assessment of Duties, 76 FR, at 65694–65695, for a full discussion of this practice. VerDate Sep<11>2014 17:14 Mar 25, 2021 Jkt 253001 Notification to Interested Parties This administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 351.213, and 19 CFR 351.221(b)(4). Dated: March 19, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Date of Sale VI. Comparisons to Normal Value VII. U.S. Price VIII. Normal Value IX. Currency Conversion X. Adjustment Under Section 777A(f) of the Act XI. Recommendation Appendix II Companies Preliminarily Not Eligible for a Separate Rate and Treated as Part of ChinaWide Entity 1. Cixi Baicheng Hardware Tools, Ltd. 2. Eaton Hydraulics (Luzhou) Co., Ltd. 3. Eaton Hydraulics (Ningbo) Co., Ltd. 4. Jiangsu Haida Pipe Fittings Group Co. 5. Jinan Mech Piping Technology Co., Ltd. 6. Jining Dingguan Precision Parts Manufacturing Co., Ltd. 7. Luzhou City Chengrun Mechanics Co., Ltd. 8. Ningbo HongTe Industrial Co., Ltd. 9. Ningbo Zhongan Forging Co., Ltd. 10. Shanghai Lon Au Stainless Steel Materials Co., Ltd. 11. Witness International Co., Ltd. 12. Yancheng Boyue Tube Co., Ltd. 13. Yancheng Haohui Pipe Fittings Co., Ltd. 14. Yancheng Jiuwei Pipe Fittings Co., Ltd. 15. Yancheng Manda Pipe Industry Co., Ltd [FR Doc. 2021–06298 Filed 3–25–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–985] Xanthan Gum From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Meihua Group International Trading (Hong Kong) Limited, Langfang Meihua Biotechnology Co., Ltd., and Xinjiang Meihua Amino Acid Co., Ltd. AGENCY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 16189 (collectively, Meihua) did not make sales of subject merchandise below normal value during the period of review (POR) July 1, 2018, through June 30, 2019. DATES: Applicable March 26, 2021. FOR FURTHER INFORMATION CONTACT: Abdul Alnoor or Aleks Nakutis, AD/ CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4554 or (202) 482–3147, respectively. SUPPLEMENTARY INFORMATION: Background After Commerce published the Preliminary Results on November 23, 2020,1 interested parties commented on those results. For details regarding the events that occurred subsequent to the Preliminary Results, see the Issues and Decision Memorandum.2 Commerce conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Scope of the Order The scope of the order covers dry xanthan gum, whether or not coated or blended with other products. Further, xanthan gum is included in this order regardless of physical form, including, but not limited to, solutions, slurries, dry powders of any particle size, or unground fiber. Merchandise covered by the scope of this order is classified in the Harmonized Tariff Schedule of the United States at subheading 3913.90.20. Although this tariff classification is provided for convenience and customs purposes, the written description of the scope is dispositive.3 Analysis of Comments Received We addressed all issues raised in the case and rebuttal briefs submitted by parties in this review in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is provided in the appendix to this notice. The Issues and Decision Memorandum is a public 1 See Xanthan Gum from the People’s Republic of China: Preliminary Results of the Antidumping Duty Administrative Review, and Partial Rescission; 2018–2019, 85 FR 74686 (November 23, 2020) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Issue and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review: Xanthan Gum from the People’s Republic of China; 2018–2019,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 For the full text of the scope of the order, see Issues and Decision Memorandum. E:\FR\FM\26MRN1.SGM 26MRN1

Agencies

[Federal Register Volume 86, Number 57 (Friday, March 26, 2021)]
[Notices]
[Pages 16186-16189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06298]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-067]


Forged Steel Fittings From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Both-Well (Taizhou) Steel Fittings Co., Ltd., an exporter of 
forged steel fittings from the People's Republic of China (China), did 
not sell subject merchandise in the United States at prices below 
normal value (NV) during the period of review (POR) May 17, 2018, 
through October 31, 2019. We also preliminarily find that Ningbo 
Zhongan Forging Co., Ltd. (Ningbo Zhongan) is not eligible for a 
separate rate and is, therefore, part of the China-wide entity. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable March 26, 2021.

FOR FURTHER INFORMATION CONTACT: Jinny Ahn, AD/CVD Operations, Office 
VIII, Enforcement and Compliance, International Trade Administration, 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-0339.

SUPPLEMENTARY INFORMATION:

Background

    This administrative review is being conducted in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act). On 
January 17, 2020, Commerce published the notice of initiation of this 
administrative review, covering 26 companies.\1\ On February 13, 2020, 
Commerce selected as mandatory respondents Both-Well (Taizhou) Steel 
Fittings Co., Ltd. (Both-Well) and Ningbo Zhongan Forging Co., Ltd. 
(Ningbo Zhongan), the two companies accounting for the largest volume 
of U.S. entries of subject merchandise into the United States as 
reported by U.S. Customs and Border Protection (CBP).\2\ On February 
18, 2020, Commerce issued the non-market economy (NME) antidumping duty 
(AD) questionnaire to Both-Well and Ningbo Zhongan. On March 4, 2020, 
Ningbo Zhongan notified Commerce that it did not intend to respond to 
the NME AD questionnaire.\3\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 3014 (January 17, 2020) (Initiation 
Notice). We note that the Initiation Notice identifies 27 companies 
initiated for review, but for purposes of respondent selection, we 
considered two of the initiated companies as the same company: Both-
Well (Taizhou) Steel Fittings Co., Ltd. and Both-Well Taizhou Steel 
Fittings Co., Ltd. See Memorandum, ``Antidumping Duty Administrative 
Review of Forged Steel Fittings from the People's Republic of China: 
Selection of Respondents for Individual Examination,'' dated 
February 13, 2020 (Respondent Selection Memo).
    \2\ See Respondent Selection Memo.
    \3\ See Ningbo Zhongan's Letter, ``Ningbo Zhongan Notice of No 
Intent to Respond to Questionnaire for Administrative Review of the 
Antidumping Duty Order on Forged Steel Fittings from the People's 
Republic of China,'' dated March 4, 2020.

---------------------------------------------------------------------------

[[Page 16187]]

    On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days.\4\ On July 21, 2020, Commerce tolled all deadlines 
in administrative reviews by an additional 60 days.\5\ On November 3, 
2020, Commerce extended the preliminary results deadline by 60 days.\6\ 
On January 4, 2021, Commerce extended the preliminary results deadline 
by an additional 60 days until March 19, 2021. For a complete 
description of the events that followed the initiation of this 
administrative review, see the Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------

    \4\ 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.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \6\ See Memorandum, ``Forged Steel Fittings from the People's 
Republic of China: Extension of Deadline for Preliminary Results of 
the First Antidumping Duty Administrative Review,'' dated November 
3, 2020.
    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments: Forged Steel Fittings from the 
People's Republic of China; 2018-2019,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Order 8
---------------------------------------------------------------------------

    \8\ See Forged Steel Fittings From Italy and the People's 
Republic of China: Antidumping Duty Orders, 83 FR 60397, dated 
November 26, 2018 (Order).
---------------------------------------------------------------------------

    The merchandise covered by the Order is carbon and alloy forged 
steel fittings, whether unfinished (commonly known as blanks or rough 
forgings) or finished. Subject carbon and alloy forged steel fittings 
are normally entered under Harmonized Tariff Schedule of the United 
States (HTSUS) subheadings 7307.99.1000, 7307.99.3000, 7307.99.5045, 
and 7307.99.5060. They also may be entered under HTSUS subheadings 
7307.92.3010, 7307.92.3030, 7307.92.9000, and 7326.19.0010. The HTSUS 
subheadings and specifications are provided for convenience and customs 
purposes; the written description of the scope is dispositive. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act and 19 CFR 351.213. We calculated export prices 
in accordance with section 772 of the Act. Because China is an NME 
country within the meaning of section 771(18) of the Act, NV has been 
calculated in accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of the 
topics included in the Preliminary Decision Memorandum is included in 
Appendix I to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum is available at http://enforcement.trade.gov/frn/.

Preliminary Determination of No Shipments

    Based on our analysis of CBP information and the no-shipment 
certifications submitted by Dalian Guangming Pipe Fittings Co., Ltd., 
Jiangsu Forged Pipe Fittings Co., Ltd., Lianfa Stainless Steel Pipes & 
Valves (Qingyun) Co., Ltd., and Qingdao Bestflow Industrial Co., Ltd., 
Commerce preliminarily determines that these four companies had no 
shipments of subject merchandise during the POR. For additional 
information regarding this determination, see the Preliminary Decision 
Memorandum.
    Consistent with our practice, we are not rescinding this review 
with respect to these companies but, instead, intend to complete the 
review and issue appropriate instructions to CBP based on the final 
results of the review.\9\
---------------------------------------------------------------------------

    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME 
Assessment of Duties).
---------------------------------------------------------------------------

Separate Rates

    Commerce preliminary finds that Ningbo Zhongan has not established 
its eligibility for a separate rate. Moreover, Commerce preliminarily 
finds that 14 other companies for which a review was initiated did not 
establish their eligibility for a separate rate because they failed to 
provide a separate rate application, a separate rate certification, or 
a no-shipment certification if they were already eligible for a 
separate rate.\10\ As such, we preliminarily determine that Ningbo 
Zhongan and these 14 companies are part of the China-wide entity.
---------------------------------------------------------------------------

    \10\ See Appendix II of this notice which identifies these 14 
companies along with Ningbo Zhongan.
---------------------------------------------------------------------------

    Additionally, Commerce preliminarily finds that the information 
placed on the record by six companies in addition to Both-Well 
demonstrates that these companies are eligible for a separate rate. 
These six companies are: Ningbo Long Teng Metal Manufacturing Co., 
Ltd.; Ningbo Save Technology Co., Ltd.; Q.C. Witness International Co., 
Ltd.; Xin Yi International Trade Co., Limited; Yingkou Guangming 
Pipeline Industry Co., Ltd.; and Yuyao Wanlei Pipe Fitting 
Manufacturing Co., Ltd. For additional information, see the Preliminary 
Decision Memorandum.

Dumping Margin for Non-Individually Examined Companies Granted a 
Separate Rate

    In these preliminary results, because the only participating 
mandatory respondent (i.e., Both-Well) eligible for a separate rate has 
received a weighted-average dumping margin of zero percent, we look to 
section 753(c)(5)(B) of the Act for guidance, which instructs Commerce 
to use any ``reasonable method'' to determine the rate for exporters 
that are not being individually examined and found to be entitled to a 
separate rate. Accordingly, for these preliminary results, we find it 
appropriate to assign the calculated weighted-average dumping margin of 
the sole participating mandatory respondent, Both-Well (i.e., zero 
percent) as the weighted-average dumping margin for the non-selected, 
separate rate respondents. For additional information, see the 
Preliminary Decision Memorandum.

The China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\11\ Under this policy, 
the China-wide entity will not be under review unless a party 
specifically requests, or Commerce self-initiates, a review of the 
China-wide entity.\12\ Because no party requested a review of the 
China-wide entity in this review, the China-wide entity is not under 
review and the China-wide entity's rate (i.e., 142.72 percent) is not 
subject to change.\13\ For additional information, see the Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

    \11\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \12\ Id.
    \13\ See Order, 83 FR at 60397.

---------------------------------------------------------------------------

[[Page 16188]]

Preliminary Results of the Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the POR:

------------------------------------------------------------------------
                                                       Weighted- average
                       Exporter                          dumping margin
                                                           (percent)
------------------------------------------------------------------------
Both-Well (Taizhou) Steel Fittings Co., Ltd..........               0.00
------------------------------------------------------------------------
       Review-Specific Rate Applicable to the Following Companies
------------------------------------------------------------------------
Ningbo Long Teng Metal Manufacturing Co., Ltd........               0.00
Ningbo Save Technology Co., Ltd......................               0.00
Q.C. Witness International Co., Ltd..................               0.00
Yingkou Guangming Pipeline Industry Co., Ltd.........               0.00
Yuyao Wanlei Pipe Fitting Manufacturing Co., Ltd.....               0.00
Xin Yi International Trade Co., Limited..............               0.00
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit 
case briefs no later than 30 days after the date of publication of this 
notice. Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than seven days after the case briefs are 
filed.\14\
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days of the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address and telephone number; (2) the number of participants; and 
(3) a list of issues parties intend to discuss. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs.\15\ If a request for a hearing is made, Commerce will 
announce the date and time of the hearing.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's electronic records system, ACCESS,\16\ and 
must also be served on interested parties.\17\ An electronically filed 
document must be received successfully in its entirety by ACCESS, by 5 
p.m. Eastern Time (ET) on the date that the document is due. Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\18\
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.303.
    \17\ See 19 CFR 351.303(f).
    \18\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, within 120 days of 
publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by this review. 
Upon issuance of the final results, Commerce will determine, and CBP 
shall assess, antidumping duties on all appropriate entries covered by 
this review.\19\ Commerce intends to issue assessment instructions to 
CBP no earlier than 35 days after the date of publication of the final 
results of this review. If a timely summons is filed at the U.S. Court 
of International Trade, the assessment instructions will direct CBP not 
to liquidate relevant entries until the time for parties to file a 
request for a statutory injunction has expired (i.e., within 90 days of 
publication).
---------------------------------------------------------------------------

    \19\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the company-specific 
weighted-average dumping margin is not zero or de minimis, and, for 
Both-Well, when the importer-specific assessment rate calculated in the 
final results of this review is not zero or de minimis (i.e., less than 
0.50 percent). Where either a company's weighted-average dumping margin 
is zero or de minimis, or an importer-specific assessment rate is zero 
or de minimis,\20\ we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties. If Both-Well's weighted-
average dumping margin is not zero or de minimis in the final results 
of this review, Commerce will instruct CBP to collect the appropriate 
duties at the time of liquidation, in accordance with 19 CFR 
351.212(b)(1).\21\
---------------------------------------------------------------------------

    \20\ See 19 CFR 351.106(c)(2).
    \21\ Commerce will apply the assessment rate calculation method 
adopted in Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

    We intend to instruct CBP to take into account the ``provisional 
measures deposit cap,'' in accordance with 19 CFR 351.212(d).
    For the respondents that were not selected for individual 
examination in this administrative review but qualified for a separate 
rate, the assessment rate will be equal to the weighted-average dumping 
margin assigned to Both-Well in the final results of this review.
    For the final results, if we continue to find that Ningbo Zhongan 
and the 14 companies, identified in Appendix II, are ineligible for a 
separate rate and are, therefore, considered part of the China-wide 
entity, we will instruct CBP to apply an assessment rate of 147.72 
percent (the China-wide entity rate) to all entries of subject 
merchandise during the POR which were exported by those companies.

[[Page 16189]]

    For entries that were not reported in the U.S. sales data submitted 
by Both-Well during this review, Commerce will instruct CBP to 
liquidate such entries at the rate for the China-wide entity.\22\ 
Additionally, if Commerce determines that an exporter under review had 
no shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that exporter's 
cash deposit rate) will be liquidated at the rate for the China-wide 
entity.
---------------------------------------------------------------------------

    \22\ See NME Assessment of Duties, 76 FR, at 65694-65695, for a 
full discussion of this practice.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For each company 
listed in the final results of this review, the cash deposit rate will 
be equal to the weighted-average dumping margin established in the 
final results of this review (except, if the rate is de minimis, then 
the cash deposit rate will be zero); (2) for previously examined 
Chinese and non-Chinese exporters not listed above that received a 
separate rate in a prior completed segment of this proceeding, the cash 
deposit rate will continue to be the existing exporter-specific cash 
deposit rate; (3) for all Chinese exporters of subject merchandise that 
have not been found to be entitled to a separate rate, the cash deposit 
rate will be the rate for the China-wide entity (i.e., 147.72 percent); 
and (4) for all non-Chinese exporters of subject merchandise which have 
not received their own separate rate, the cash deposit rate will be the 
rate applicable to the Chinese exporter that supplied that non-Chinese 
exporter.
    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 
351.213, and 19 CFR 351.221(b)(4).

    Dated: March 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Date of Sale
VI. Comparisons to Normal Value
VII. U.S. Price
VIII. Normal Value
IX. Currency Conversion
X. Adjustment Under Section 777A(f) of the Act
XI. Recommendation

Appendix II

Companies Preliminarily Not Eligible for a Separate Rate and Treated as 
Part of China-Wide Entity

1. Cixi Baicheng Hardware Tools, Ltd.
2. Eaton Hydraulics (Luzhou) Co., Ltd.
3. Eaton Hydraulics (Ningbo) Co., Ltd.
4. Jiangsu Haida Pipe Fittings Group Co.
5. Jinan Mech Piping Technology Co., Ltd.
6. Jining Dingguan Precision Parts Manufacturing Co., Ltd.
7. Luzhou City Chengrun Mechanics Co., Ltd.
8. Ningbo HongTe Industrial Co., Ltd.
9. Ningbo Zhongan Forging Co., Ltd.
10. Shanghai Lon Au Stainless Steel Materials Co., Ltd.
11. Witness International Co., Ltd.
12. Yancheng Boyue Tube Co., Ltd.
13. Yancheng Haohui Pipe Fittings Co., Ltd.
14. Yancheng Jiuwei Pipe Fittings Co., Ltd.
15. Yancheng Manda Pipe Industry Co., Ltd

[FR Doc. 2021-06298 Filed 3-25-21; 8:45 am]
BILLING CODE 3510-DS-P