Cast Iron Soil Pipe From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2018-2020, 72929-72930 [2021-27849]

Download as PDF Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Notices time of entry, or withdrawal from warehouse, for consumption, during the POR in accordance with 19 CFR 351.212(c)(l)(i). Cash Deposit Instructions In accordance with section 751(a)(1) of the Act, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of the respective companies listed above on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review. For all nonreviewed firms subject to the order, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, effective upon publication of these final results, shall remain in effect until further notice. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties Commerce is issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 17, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, Performing the Non-Exclusive Functions and Duties of the Assistant Secretary Enforcement and Compliance. jspears on DSK121TN23PROD with NOTICES1 Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. List of Issues III. Background IV. Changes Since the Preliminary Results V. Scope of the Order VI. Rescission of the Administrative Review, In Part VII. Non-Selected Companies Under Review VIII. Subsidies Valuation Information IX. Interest Rates, Discount Rates, and Benchmarks X. Use of Facts Otherwise Available and VerDate Sep<11>2014 20:50 Dec 22, 2021 Jkt 256001 Application of Adverse Inferences XI. Analysis of Programs XII. Analysis of Comments Comment 1: Should Apply Adverse Facts Available to the Export Buyer’s Credit Program Comment 2: Whether Jiangsu Foil Aluminum Co. Ltd. is Cross-Owned with Changshu Aluminum Foil Factory Co., Ltd. Comment 3: Whether Commerce Should Determine the Benefit from the Provision of Electricity for Less Than Adequate Remuneration by Reference to Benchmark Rates Placed on the Record Comment 4: Whether Commerce Should Adjust Its Benefit Calculation for the Government Provision of Land for Less Than Adequate Remuneration Comment 5: Whether Commerce Should Apply Partial Adverse Facts Available to Revise Its Preliminary Calculations for Policy Loans to the Aluminum Sheet Industry Comment 6: Whether Commerce Should Include Purchases of a Certain Aluminum Input in the Benefit Calculation for the Government Provision of Primary Aluminum for Less Than Adequate Remuneration Comment 7: Whether Commerce Used the Correct Benchmark to Value Purchases of Primary Aluminum XIII. Recommendation [FR Doc. 2021–27893 Filed 12–22–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–079] Cast Iron Soil Pipe From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2018–2020 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that an exporter of cast iron soil pipe from the People’s Republic of China made sales at prices below normal value during the period of review (POR) August 31, 2018, through April 30, 2020. DATES: Applicable December 23, 2021. FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2243. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 9, 2021, the Department of Commerce (Commerce) published the PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 72929 Preliminary Results and invited interested parties to comment.1 On October 8, 2021, Commerce received the petitioner’s case brief.2 On October 15, 2021, Commerce received a rebuttal brief from the sole mandatory respondent in this review, Yuncheng Jiangxian Economic Development Zone HengTong Casting Co., Ltd. (HengTong).3 On December 1, 2021, Commerce extended the deadline for the final results of this review until December 17, 2021.4 For a complete description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.5 Scope of the Order The merchandise covered by the order is cast iron soil pipe from the People’s Republic of China. For a complete description of the scope of this order, see the Issues and Decision Memorandum.6 Analysis of Comments Received We addressed all issues raised in the case and rebuttal briefs in the Issues and Decision Memorandum. The appendix to this notice identifies the sole issue which parties raised. The Issues and 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 Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. 1 See Cast Iron Soil Pipe from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2018– 2020, 86 FR 43523 (August 9, 2021) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Petitioner’s Letter, ‘‘Cast Iron Soil Pipe from the People’s Republic of China: Petitioner’s Case Brief,’’ dated October 8, 2021. The petitioner is the Cast Iron Soil Pipe Institute. 3 See HengTong’s Letter, ‘‘Cast Iron Soil Pipe from the People’s Republic of China A–570–079 (Review 8/31/18–4/30/20). HengTong’s Rebuttal Brief,’’ dated October 15, 2021. 4 See Memorandum, ‘‘Cast Iron Soil Pipe from the People’s Republic of China: Extension of Deadline for Final Results of Antidumping Duty Administrative Review, 2018–2020,’’ dated December 1, 2021. 5 See Memorandum, ‘‘Cast Iron Soil Pipe from the People’s Republic of China: Issues and Decision Memorandum for the Final Results of the Antidumping Duty Administrative Review; 2018– 2020,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 6 Id. E:\FR\FM\23DEN1.SGM 23DEN1 72930 Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Notices Changes Since the Preliminary Results Based on a review of the record and comments received from interested parties, and for the reasons explained in the Issues and Decision Memorandum, we made changes to the Preliminary Results.7 For these final results, Commerce is now applying facts available with an adverse inference (AFA) to HengTong.8 Accordingly, we are applying the highest rate from any segment of this proceeding, i.e., 235.93 percent, as AFA.9 For a discussion of this change, see the ‘‘Discussion of the Issue’’ section of the Issues and Decision Memorandum. 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). For the final results, we will instruct CBP to apply an ad valorem assessment rate equal to the dumping margin shown above to all entries of subject merchandise during the POR which were exported by HengTong. We intend to instruct CBP to take into account the ‘‘provisional measures deposit cap,’’ in accordance with 19 CFR 351.212 (d). Administrative Protective Order (APO) This notice also serves as a reminder to parties subject to APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Cash Deposit Requirements Final Results of Administrative Review We are assigning the following dumping margin to the firm listed below for the POR, August 31, 2018, through April 30, 2020: The following cash deposit requirements will be effective upon publication of the final results of this review for shipments of the subject merchandise 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 HengTong, the cash deposit rate will be equal to the dumping margin assigned in the final results of this review; (2) for previously investigated or reviewed China and non-China exporters not listed above that, at the time of entry are eligible for a separate rate based on 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 China exporters of subject merchandise that have not been found to be entitled to a separate rate at the time of entry, the cash deposit rate will be that for the China-wide entity (i.e., 235.93 percent); 10 and (4) for all nonChina exporters of subject merchandise which at the time of entry are not eligible for a separate rate, the cash deposit rate will be the rate applicable to the China exporter that supplied that non-China exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Interested Parties We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Act. Weightedaverage dumping margin (percent) Exporter Yuncheng Jiangxian Economic Development Zone HengTong Casting Co., Ltd (aka HengTong Casting Co., Ltd.) .................................................... 235.93 jspears on DSK121TN23PROD with NOTICES1 Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with the final results of a review within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of final results, in accordance with 19 CFR 351.224(b). However, because Commerce applied a rate based on total AFA to the mandatory respondent in this review, in accordance with section 776 of Tariff Act of 1930, as amended (the Act), there are no calculations to disclose. Assessment Rates Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. We intend to issue appropriate assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will 7 Id. 8 Id. 9 See Cast Iron Soil Pipe from the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 84 FR 6767, 6769 (February 28, 2019). VerDate Sep<11>2014 20:50 Dec 22, 2021 Jkt 256001 Notification to Importers This notice also 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 the 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. 10 Id. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 Dated: December 15, 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 Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issue Comment 1: Application of AFA to HengTong V. Recommendation [FR Doc. 2021–27849 Filed 12–22–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Hydrographic Services Review Panel National Ocean Service, National Oceanic and Atmospheric Administration (NOAA). ACTION: Notice of call for nominations for NOAA’s Hydrographic Services Review Panel (HSRP) federal advisory committee. AGENCY: The National Oceanic and Atmospheric Administration is seeking nominations for members to serve on the Hydrographic Services Review Panel with nominations due by April 15, 2022. DATES: Nominations are sought for submission by April 15, 2022, and will be kept on file to be used for future HSRP vacancies. Five vacancies will occur on January 1, 2023, for a four-year term. Current members who may be eligible for a second term in 2023 must reapply. HSRP maintains an active pool SUMMARY: E:\FR\FM\23DEN1.SGM 23DEN1

Agencies

[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Notices]
[Pages 72929-72930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27849]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-079]


Cast Iron Soil Pipe From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review; 2018-2020

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

SUMMARY: The Department of Commerce (Commerce) determines that an 
exporter of cast iron soil pipe from the People's Republic of China 
made sales at prices below normal value during the period of review 
(POR) August 31, 2018, through April 30, 2020.

DATES: Applicable December 23, 2021.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2243.

SUPPLEMENTARY INFORMATION:

Background

    On August 9, 2021, the Department of Commerce (Commerce) published 
the Preliminary Results and invited interested parties to comment.\1\
---------------------------------------------------------------------------

    \1\ See Cast Iron Soil Pipe from the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2020, 86 FR 43523 (August 9, 2021) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    On October 8, 2021, Commerce received the petitioner's case 
brief.\2\ On October 15, 2021, Commerce received a rebuttal brief from 
the sole mandatory respondent in this review, Yuncheng Jiangxian 
Economic Development Zone HengTong Casting Co., Ltd. (HengTong).\3\ On 
December 1, 2021, Commerce extended the deadline for the final results 
of this review until December 17, 2021.\4\ For a complete description 
of the events that occurred since the Preliminary Results, see the 
Issues and Decision Memorandum.\5\
---------------------------------------------------------------------------

    \2\ See Petitioner's Letter, ``Cast Iron Soil Pipe from the 
People's Republic of China: Petitioner's Case Brief,'' dated October 
8, 2021. The petitioner is the Cast Iron Soil Pipe Institute.
    \3\ See HengTong's Letter, ``Cast Iron Soil Pipe from the 
People's Republic of China A-570-079 (Review 8/31/18-4/30/20). 
HengTong's Rebuttal Brief,'' dated October 15, 2021.
    \4\ See Memorandum, ``Cast Iron Soil Pipe from the People's 
Republic of China: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review, 2018-2020,'' dated December 
1, 2021.
    \5\ See Memorandum, ``Cast Iron Soil Pipe from the People's 
Republic of China: Issues and Decision Memorandum for the Final 
Results of the Antidumping Duty Administrative Review; 2018-2020,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the order is cast iron soil pipe from 
the People's Republic of China. For a complete description of the scope 
of this order, see the Issues and Decision Memorandum.\6\
---------------------------------------------------------------------------

    \6\ Id.
---------------------------------------------------------------------------

Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs in 
the Issues and Decision Memorandum. The appendix to this notice 
identifies the sole issue which parties raised. The Issues and 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 Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

[[Page 72930]]

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties, and for the reasons explained in the Issues and 
Decision Memorandum, we made changes to the Preliminary Results.\7\ For 
these final results, Commerce is now applying facts available with an 
adverse inference (AFA) to HengTong.\8\ Accordingly, we are applying 
the highest rate from any segment of this proceeding, i.e., 235.93 
percent, as AFA.\9\ For a discussion of this change, see the 
``Discussion of the Issue'' section of the Issues and Decision 
Memorandum.
---------------------------------------------------------------------------

    \7\ Id.
    \8\ Id.
    \9\ See Cast Iron Soil Pipe from the People's Republic of China: 
Final Affirmative Determination of Sales at Less Than Fair Value, 84 
FR 6767, 6769 (February 28, 2019).
---------------------------------------------------------------------------

Final Results of Administrative Review

    We are assigning the following dumping margin to the firm listed 
below for the POR, August 31, 2018, through April 30, 2020:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Yuncheng Jiangxian Economic Development Zone HengTong            235.93
 Casting Co., Ltd (aka HengTong Casting Co., Ltd.).........
------------------------------------------------------------------------

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the final results of a review within five 
days of any public announcement or, if there is no public announcement, 
within five days of the date of publication of the notice of final 
results, in accordance with 19 CFR 351.224(b). However, because 
Commerce applied a rate based on total AFA to the mandatory respondent 
in this review, in accordance with section 776 of Tariff Act of 1930, 
as amended (the Act), there are no calculations to disclose.

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b), 
Commerce has determined, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries covered by 
this review. We intend to issue appropriate assessment instructions to 
CBP no earlier than 35 days after the date of publication of the final 
results of this review in the Federal Register. 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).
    For the final results, we will instruct CBP to apply an ad valorem 
assessment rate equal to the dumping margin shown above to all entries 
of subject merchandise during the POR which were exported by HengTong. 
We intend to instruct CBP to take into account the ``provisional 
measures deposit cap,'' in accordance with 19 CFR 351.212 (d).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise 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 HengTong, the cash deposit rate will 
be equal to the dumping margin assigned in the final results of this 
review; (2) for previously investigated or reviewed China and non-China 
exporters not listed above that, at the time of entry are eligible for 
a separate rate based on 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 China exporters of subject 
merchandise that have not been found to be entitled to a separate rate 
at the time of entry, the cash deposit rate will be that for the China-
wide entity (i.e., 235.93 percent); \10\ and (4) for all non-China 
exporters of subject merchandise which at the time of entry are not 
eligible for a separate rate, the cash deposit rate will be the rate 
applicable to the China exporter that supplied that non-China exporter. 
These deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \10\ Id.
---------------------------------------------------------------------------

Notification to Importers

    This notice also 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 the 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.

Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to APO of 
their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the return or destruction 
of APO materials, or conversion to judicial protective order, is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: December 15, 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 Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issue
    Comment 1: Application of AFA to HengTong
V. Recommendation

[FR Doc. 2021-27849 Filed 12-22-21; 8:45 am]
BILLING CODE 3510-DS-P
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