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]
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Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Notices
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• 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
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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).
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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.
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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
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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).
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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
https://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.
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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.
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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
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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
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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.
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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
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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.
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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.
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17:14 Mar 25, 2021
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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:
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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]
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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\
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\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.
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[[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\
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\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).
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Scope of the Order 8
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\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).
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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 https://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\
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\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME
Assessment of Duties).
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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.
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\10\ See Appendix II of this notice which identifies these 14
companies along with Ningbo Zhongan.
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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.
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\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.
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[[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\
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\14\ See 19 CFR 351.309(d).
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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.
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\15\ See 19 CFR 351.310(c).
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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\
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\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).
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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).
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\19\ See 19 CFR 351.212(b)(1).
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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\
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\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).
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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.
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\22\ See NME Assessment of Duties, 76 FR, at 65694-65695, for a
full discussion of this practice.
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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
