Forged Steel Fittings From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission; 2019-2020, 69222-69224 [2021-26463]
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69222
Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Notices
description of the events that followed
the initiation of this administrative
review, see the Preliminary Decision
Memorandum.4
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 Partial
Rescission; 2019–2020
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. (Both-Well), the sole
respondent participating in this review,
and an exporter of forged steel fittings
from the People’s Republic of China
(China), sold subject merchandise in the
United States at prices below normal
value (NV) during the period of review
(POR) November 1, 2019, through
October 31, 2020. We are also
preliminarily rescinding this review
with respect to Shanghai Maorun
International Co., Ltd. (Shanghai
Maorun). Interested parties are invited
to comment on these preliminary
results.
AGENCY:
DATES:
Applicable December 7, 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
lotter on DSK11XQN23PROD with NOTICES1
This administrative review is being
conducted in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act). On January 6, 2021,
Commerce published the notice of
initiation of this administrative review,
covering Both-Well and Shanghai
Maorun.1 On January 27, 2021,
Commerce issued the non-market
economy (NME) antidumping duty (AD)
questionnaire to Both-Well and
Shanghai Maorun. On February 1, 2021,
Shanghai Maorun withdrew its request
for review.2
On June 28, 2021, Commerce
extended the preliminary results
deadline by 120 days.3 For a complete
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
515 (January 6, 2021) (Initiation Notice).
2 See Shanghai Maorun’s Letter, ‘‘Withdrawal of
Request of Review,’’ dated February 1, 2021
(Maorun’s Withdrawal of Request for Review).
3 See Memorandum, ‘‘Forged Steel Fittings from
the People’s Republic of China: Extension of
VerDate Sep<11>2014
17:30 Dec 06, 2021
Jkt 256001
Scope of the Order
The merchandise covered by the
Order 5 is carbon and alloy forged steel
fittings, whether unfinished (commonly
known as blanks or rough forgings) or
finished. For a complete description of
the scope of the Order, see the
Preliminary Decision Memorandum.
Partial Rescission of Administrative
Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if a party who requested the review
withdraws the request within 90 days of
the date of the date of publication of the
notice of initiation of the requested
review. On February 1, 2021, Shanghai
Maorun timely withdrew its request for
review. Because there was a timely
withdrawal of request for review for
Shanghai Maorun and because there are
no other active requests for review for
Shanghai Maorun, we are rescinding
this review with respect to Shanghai
Maorun, pursuant to 19 CFR
351.213(d)(1).
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
the appendix 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).
Deadline for Preliminary Results of the Second
Antidumping Duty Administrative Review,’’ dated
June 28, 2021.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission:
Forged Steel Fittings from the People’s Republic of
China; 2019–2020,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
5 See Forged Steel Fittings from Italy and the
People’s Republic of China: Antidumping Duty
Orders, 83 FR 60397 (November 26, 2018) (Order).
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Fmt 4703
Sfmt 4703
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://access.trade.gov/public/
FRNoticesListLayout.aspx.
Separate Rates
In all proceedings involving an NME
country, Commerce maintains a
rebuttable presumption that all
companies are subject to government
control and, thus, should be assessed a
single weighted-average dumping
margin unless the company can
affirmatively demonstrate an absence of
government control, both in law (de
jure) and in fact (de facto), with respect
to its export activities so that it is
entitled to separate rate status.6
Commerce has preliminary determined
that information placed on the record by
Both-Well demonstrates that Both-Well
is eligible for separate rate status.
As noted above, we are rescinding
this review with respect to Shanghai
Maorun. For the reasons stated below,
as Shanghai Maorun is currently a part
of the China-wide entity, we will
continue to treat Shanghai Maorun as
part of the China-wide entity. See
Assessment Rates.
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.7 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.8 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.9 For
additional information, see the
Preliminary Decision Memorandum.
Preliminary Results of the Review
Commerce preliminarily determines
that the following weighted-average
dumping margin exist for the POR:
6 See Notice of Final Determination of Sales at
Less Than Fair Value, and Affirmative Critical
Circumstances, In Part: Certain Lined Paper
Products from the People’s Republic of China, 71
FR 53079, 53082 (September 8, 2006); see also Final
Determination of Sales at Less Than Fair Value and
Final Partial Affirmative Determination of Critical
Circumstances: Diamond Sawblades and Parts
Thereof from the People’s Republic of China, 71 FR
29303, 29307 (May 22, 2006).
7 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).
8 Id.
9 See Order, 83 FR at 60397.
E:\FR\FM\07DEN1.SGM
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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Notices
Weightedaverage
dumping
margin
(percent)
Exporter
Both-Well (Taizhou) Steel Fittings Co., Ltd ...........................
0.51
Disclosure and Public Comment
lotter on DSK11XQN23PROD with NOTICES1
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 each submit a
case brief no later than 30 days after the
date of publication of this notice.
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than seven days after the case briefs are
filed.10 Parties who submit a case brief
or a rebuttal brief 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.
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.11 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,12 and must also be
served on interested parties.13 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.14
10 See
19 CFR 351.309(d).
19 CFR 351.310(c).
12 See 19 CFR 351.303.
13 See 19 CFR 351.303(f).
14 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19, 85 FR
41363 (July 10, 2020).
11 See
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17:30 Dec 06, 2021
Jkt 256001
Final Results of Review
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.15 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
importer-specific assessment rate
calculated in the final results of this
review for Both-Well, are not zero or de
minimis (i.e., less than 0.50 percent).
Where Both-Well’s importer-specific
assessment rate is zero or de minimis,16
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).17
We intend to calculate importer-specific
ad valorem assessment rates by dividing
the total amount of dumping calculated
for all reviewed U.S. sales to the
importer by the total entered value of
the merchandise sold to the importer for
Both-Well.18
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
15 See
19 CFR 351.212(b)(1).
19 CFR 351.106(c)(2).
17 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).
18 See 19 CFR 351.212(b)(1).
16 See
PO 00000
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69223
the rate for the China-wide entity
pursuant to the NME reseller policy.19
For Shanghai Maorun, antidumping
duties shall be assessed at rates equal to
the cash deposit of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(1)(i). For Shanghai
Maorun, Commerce intends to issue
appropriate assessment instructions to
CBP no earlier than 35 days after the
date of publication of this notice.
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 BothWell, 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., 142.72 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.
19 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (December 23, 2010) at 65694–65695, for
a full discussion of this practice.
E:\FR\FM\07DEN1.SGM
07DEN1
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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Notices
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: November 30, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative
Review
V. Discussion of the Methodology
VI. Date of Sale
VII. Comparisons to Normal Value
VIII. U.S. Price
IX. Normal Value
X. Currency Conversion
XI. Adjustment Under Section 777A(f) of the
Act
XII. Recommendation
[FR Doc. 2021–26463 Filed 12–6–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–068]
Forged Steel Fittings From the
People’s Republic of China:
Preliminary Results of Countervailing
Duty Administrative Review; 2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
countervailing duty (CVD) order on
forged steel fittings from the People’s
Republic of China (China) for the period
of review January 1, 2019, through
December 31, 2019. Commerce
preliminarily determines that
countervailable subsidies are being
provided to Both-Well (Taizhou) Steel
Fittings, Co., Ltd. (Both-Well), the sole
producer/exporter of forged steel fittings
from China subject to this review.
DATES: Applicable December 7, 2021.
FOR FURTHER INFORMATION CONTACT:
Janae´ Martin or William Horn, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
VerDate Sep<11>2014
17:30 Dec 06, 2021
Jkt 256001
(202) 482–0238 or (202) 482–4868,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 6, 2021, Commerce
published the notice of initiation of an
administrative review of the CVD order
on forged steel fittings from China.1 On
July 13, 2021, Commerce extended the
time period for issuing the preliminary
results of this review by 120 days.2
Accordingly, the deadline for the
preliminary results in this
administrative review was postponed to
November 30, 2021.3
For a complete description of the
events that followed the initiation of
this administrative review, see the
Preliminary Decision Memorandum.4 A
list of topics discussed in the
Preliminary Decision Memorandum is
included as an appendix to this notice.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly https://access.trade.gov/public/
FRNoticesListLayout.aspx/.
Scope of the Order
The merchandise covered by the order
is forged steel fittings. 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)(A)
of the Tariff Act of 1930, as amended
(the Act). For each of the subsidy
programs found countervailable, we
preliminarily determine that there is a
subsidy, i.e., a government financial
contribution that gives rise to a benefit
to the recipient, and that the subsidy is
specific.5 For a full description of the
methodology underlying our
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
511 (January 6, 2021).
2 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated July 13, 2021.
3 Id. at 2.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results: Administrative Review of
the Countervailing Duty Order on Forged Steel
Fittings from the People’s Republic of China; 2019,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
5 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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Frm 00006
Fmt 4703
Sfmt 4703
preliminary conclusions, see the
accompanying Preliminary Decision
Memorandum.
As explained in the Preliminary
Decision Memorandum, Commerce
relied on adverse facts available because
the Government of China did not act to
the best of its ability in responding to
Commerce’s requests for information,
and consequently, we have drawn an
adverse inference, where appropriate, in
selecting from among the facts
otherwise available.6 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Preliminary Results of Review
In accordance with 19 CFR
351.221(b)(4)(i), we calculated a
countervailable subsidy rate for BothWell, the sole mandatory respondent in
this review. We preliminarily determine
that the following subsidy rate exists for
Both-Well:
Company
Subsidy
rate
(percent)
Both-Well (Taizhou) Steel Fittings, Co., Ltd ..........................
13.39
Assessment Rate
In accordance with 19 CFR
351.221(b)(4)(i), we preliminarily
assigned a subsidy rate in the amount
shown above for the producer/exporter
shown above. Upon completion of the
administrative review, consistent with
section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
countervailing duties on all appropriate
entries covered by this review.
Commerce intends to issue instructions
directly to CBP no earlier than 35 days
after publication of the final results of
this review in the Federal Register.
Cash Deposit Rate
Pursuant to section 751(a)(1) of the
Act, Commerce intends to instruct CBP
to collect cash deposits of estimated
countervailing duties in the amount
indicated for Both-Well with regard to
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits of estimated
countervailing duties at the most recent
company-specific or all-others rate
6 See
E:\FR\FM\07DEN1.SGM
sections 776(a) and (b) of the Act.
07DEN1
Agencies
[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Notices]
[Pages 69222-69224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26463]
[[Page 69222]]
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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
Partial Rescission; 2019-2020
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. (Both-Well), the sole
respondent participating in this review, and an exporter of forged
steel fittings from the People's Republic of China (China), sold
subject merchandise in the United States at prices below normal value
(NV) during the period of review (POR) November 1, 2019, through
October 31, 2020. We are also preliminarily rescinding this review with
respect to Shanghai Maorun International Co., Ltd. (Shanghai Maorun).
Interested parties are invited to comment on these preliminary results.
DATES: Applicable December 7, 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 6, 2021, Commerce published the notice of initiation of this
administrative review, covering Both-Well and Shanghai Maorun.\1\ On
January 27, 2021, Commerce issued the non-market economy (NME)
antidumping duty (AD) questionnaire to Both-Well and Shanghai Maorun.
On February 1, 2021, Shanghai Maorun withdrew its request for
review.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 515 (January 6, 2021) (Initiation
Notice).
\2\ See Shanghai Maorun's Letter, ``Withdrawal of Request of
Review,'' dated February 1, 2021 (Maorun's Withdrawal of Request for
Review).
---------------------------------------------------------------------------
On June 28, 2021, Commerce extended the preliminary results
deadline by 120 days.\3\ For a complete description of the events that
followed the initiation of this administrative review, see the
Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Forged Steel Fittings from the People's
Republic of China: Extension of Deadline for Preliminary Results of
the Second Antidumping Duty Administrative Review,'' dated June 28,
2021.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review and Partial
Rescission: Forged Steel Fittings from the People's Republic of
China; 2019-2020,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order \5\ is carbon and alloy forged
steel fittings, whether unfinished (commonly known as blanks or rough
forgings) or finished. For a complete description of the scope of the
Order, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\5\ See Forged Steel Fittings from Italy and the People's
Republic of China: Antidumping Duty Orders, 83 FR 60397 (November
26, 2018) (Order).
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of the date
of publication of the notice of initiation of the requested review. On
February 1, 2021, Shanghai Maorun timely withdrew its request for
review. Because there was a timely withdrawal of request for review for
Shanghai Maorun and because there are no other active requests for
review for Shanghai Maorun, we are rescinding this review with respect
to Shanghai Maorun, pursuant to 19 CFR 351.213(d)(1).
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
the appendix 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://access.trade.gov/public/FRNoticesListLayout.aspx.
Separate Rates
In all proceedings involving an NME country, Commerce maintains a
rebuttable presumption that all companies are subject to government
control and, thus, should be assessed a single weighted-average dumping
margin unless the company can affirmatively demonstrate an absence of
government control, both in law (de jure) and in fact (de facto), with
respect to its export activities so that it is entitled to separate
rate status.\6\ Commerce has preliminary determined that information
placed on the record by Both-Well demonstrates that Both-Well is
eligible for separate rate status.
---------------------------------------------------------------------------
\6\ See Notice of Final Determination of Sales at Less Than Fair
Value, and Affirmative Critical Circumstances, In Part: Certain
Lined Paper Products from the People's Republic of China, 71 FR
53079, 53082 (September 8, 2006); see also Final Determination of
Sales at Less Than Fair Value and Final Partial Affirmative
Determination of Critical Circumstances: Diamond Sawblades and Parts
Thereof from the People's Republic of China, 71 FR 29303, 29307 (May
22, 2006).
---------------------------------------------------------------------------
As noted above, we are rescinding this review with respect to
Shanghai Maorun. For the reasons stated below, as Shanghai Maorun is
currently a part of the China-wide entity, we will continue to treat
Shanghai Maorun as part of the China-wide entity. See Assessment Rates.
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\7\ 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.\8\ 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.\9\ For additional information, see the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\7\ 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).
\8\ Id.
\9\ See Order, 83 FR at 60397.
---------------------------------------------------------------------------
Preliminary Results of the Review
Commerce preliminarily determines that the following weighted-
average dumping margin exist for the POR:
[[Page 69223]]
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
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Both-Well (Taizhou) Steel Fittings Co., Ltd................ 0.51
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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 each
submit a case brief no later than 30 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than seven days after the case briefs are
filed.\10\ Parties who submit a case brief or a rebuttal brief 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.
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\10\ 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.\11\ If a request for a hearing is made, Commerce will
announce the date and time of the hearing.
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\11\ 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,\12\ and
must also be served on interested parties.\13\ 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.\14\
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\12\ See 19 CFR 351.303.
\13\ See 19 CFR 351.303(f).
\14\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 41363 (July 10, 2020).
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Final Results of Review
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.\15\ 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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\15\ 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 importer-specific
assessment rate calculated in the final results of this review for
Both-Well, are not zero or de minimis (i.e., less than 0.50 percent).
Where Both-Well's importer-specific assessment rate is zero or de
minimis,\16\ 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).\17\
We intend to calculate importer-specific ad valorem assessment rates by
dividing the total amount of dumping calculated for all reviewed U.S.
sales to the importer by the total entered value of the merchandise
sold to the importer for Both-Well.\18\
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\16\ See 19 CFR 351.106(c)(2).
\17\ 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).
\18\ See 19 CFR 351.212(b)(1).
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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 pursuant
to the NME reseller policy.\19\
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\19\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (December 23, 2010) at 65694-
65695, for a full discussion of this practice.
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For Shanghai Maorun, antidumping duties shall be assessed at rates
equal to the cash deposit of estimated antidumping duties required at
the time of entry, or withdrawal from warehouse, for consumption, in
accordance with 19 CFR 351.212(c)(1)(i). For Shanghai Maorun, Commerce
intends to issue appropriate assessment instructions to CBP no earlier
than 35 days after the date of publication of this notice.
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 Both-Well, 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., 142.72 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.
[[Page 69224]]
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: November 30, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Discussion of the Methodology
VI. Date of Sale
VII. Comparisons to Normal Value
VIII. U.S. Price
IX. Normal Value
X. Currency Conversion
XI. Adjustment Under Section 777A(f) of the Act
XII. Recommendation
[FR Doc. 2021-26463 Filed 12-6-21; 8:45 am]
BILLING CODE 3510-DS-P