Stainless Steel Butt-Weld Pipe Fittings From the Philippines: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021-2022, 67014-67016 [2022-24167]

Download as PDF 67014 Federal Register / Vol. 87, No. 214 / Monday, November 7, 2022 / Notices providing the Service with the conference call number and confirmation code. Members of the public are entitled to submit written comments; the comments must be received in the regional office within 30 days following the meeting. Written comments may be mailed to the Regional Programs Unit, U.S. Commission on Civil Rights, 230 S Dearborn, Suite 2120, Chicago, IL 60604. They may also be faxed to the Commission at (312) 353–8324, or emailed to Corrine Sanders at csanders@ usccr.gov. Persons who desire additional information may contact the Regional Programs Unit at (312) 353– 8311. Records generated from this meeting may be inspected and reproduced at the Regional Programs Unit Office, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Mississippi Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission’s website, https:// www.usccr.gov, or may contact the Regional Programs Unit at the above email or street address. Agenda I. Welcome and roll call II. Introductions III. Discuss Civil Rights Topics IV. Public comment V. Next steps VI. Adjournment Exceptional Circumstance: Pursuant to 41 CFR 102–3.150, the notice for this meeting is given fewer than 15 calendar days prior to the meeting because of the exceptional circumstances of pending committee invitations to speakers to present material to the committee. Dated: November 2, 2022. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2022–24198 Filed 11–4–22; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration khammond on DSKJM1Z7X2PROD with NOTICES [A–565–801] Stainless Steel Butt-Weld Pipe Fittings From the Philippines: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021– 2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: VerDate Sep<11>2014 16:45 Nov 04, 2022 Jkt 259001 The U.S. Department of Commerce (Commerce) preliminarily determines that there were no shipments of merchandise subject to the antidumping duty (AD) order on stainless steel butt-weld pipe fittings (SSBWF) from the Philippines during the period of review (POR) February 1, 2021, through January 31, 2022, from any of the companies under review. We invite interested parties to comment on these preliminary results. DATES: Applicable November 7, 2022. FOR FURTHER INFORMATION CONTACT: Mark Flessner, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6312. SUPPLEMENTARY INFORMATION: SUMMARY: Background On February 23, 2001, Commerce published the AD order on SSBWF from the Philippines in the Federal Register.1 On February 8, 2022, we published a notice of opportunity to request an administrative review of the Order for the POR February 1, 2021, through January 31, 2022.2 On February 28, 2022, Core Pipe Products, Inc. and Taylor Forge Stainless Inc. (collectively, the petitioners) timely requested an administrative review of the Order with respect to: E N Corporation (E N Corp.); Enlin Steel Corporation (Enlin); and Vinox Corporation (a/k/a Vinoc Corporation) (collectively, Vinox).3 On April 12, 2022, Commerce initiated an administrative review of these companies consistent with section 751(a)(1) of the Tariff Act of 1930, as amended (the Act).4 Commerce queried U.S. Customs and Border Protection (CBP) data to identify suspended entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the POR from the companies under review. On April 18, 2022, Commerce placed the results of its CBP data query on the record.5 The CBP data 1 See Antidumping Duty Orders: Stainless Steel Butt-Weld Pipe Fittings from Italy, Malaysia, and the Philippines, 66 FR 11257 (February 23, 2001) (Order). 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List, 87 FR 7112 (February 8, 2022). 3 See Petitioners’ Letter, ‘‘Stainless Steel ButtWeld Pipe Fittings from the Philippines— Petitioners’ Request for 2021/2022 Administrative Review,’’ dated February 28, 2022. 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 21619 (April 12, 2022). 5 See Memorandum, ‘‘Stainless Steel Butt-Weld Pipe Fittings from the Philippines; 2021–2022: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 show no suspended entries of subject merchandise during the POR associated with the companies under review. Commerce requested comments from interested parties on the CBP data.6 On April 25, 2022, the petitioners commented on the CBP data, alleging that entries during the POR could have been misreported; the petitioners provided information which, they contend, supports their allegation.7 Consequently, the petitioners requested that Commerce address evidence of evasion of the Order.8 Scope of the Order For purposes of this Order, the product covered is certain stainless steel butt-weld pipe fittings (butt-weld fittings). Butt-weld pipe fittings are under 14 inches in outside diameter (based on nominal pipe size), whether finished or unfinished. The product encompasses all grades of stainless steel and ‘‘commodity’’ and ‘‘specialty’’ fittings. Specifically excluded from the definition are threaded, grooved, and bolted fittings, and fittings made from any material other than stainless steel. The butt-weld fittings subject to this order are generally designated under specification ASTM A403/A403M, the standard specification for Wrought Austenitic Stainless Steel Piping Fittings, or its foreign equivalents (e.g., DIN or JIS specifications). This specification covers two general classes of fittings, WP and CR, of wrought austenitic stainless steel fittings of seamless and welded construction covered by the latest revision of ANSI B16.9, ANSI B16.11, and ANSI B16.28. Butt-weld fittings manufactured to specification ASTM A774, or its foreign equivalents, are also covered by this Order. This Order does not apply to cast fittings. Cast austenitic stainless steel pipe fittings are covered by specifications A351/A351M, A743/ 743M, and A744/A744M. The butt-weld fittings subject to this Order are currently classifiable under subheadings 7307.23.00.30 and 7307.23.00.90 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this Order is dispositive. Placement on the Record of Results of Inquiry to U.S. Customs and Border Protection,’’ dated April 18, 2022. 6 Id. 7 See Petitioners’ Letter, ‘‘Stainless Steel ButtWeld Pipe Fittings from the Philippines; 2021– 2022—Petitioners’ Comments on CBP Data,’’ dated April 25, 2022, at 1–2 and Attachment. 8 Id. at 2–3. E:\FR\FM\07NON1.SGM 07NON1 Federal Register / Vol. 87, No. 214 / Monday, November 7, 2022 / Notices Methodology As noted above, CBP data show that there were no suspended entries of subject merchandise during the POR associated with the three companies under review. Section 751(a)(2) of the Act instructs Commerce that, when conducting an administrative review, it is to determine the dumping margin for entries during the relevant period and establish a revised cash deposit rate for estimated ADs for future entries of subject merchandise. Given that the record evidence shows that there are no suspended entries of subject merchandise during the POR from the three companies under review, we have not calculated or otherwise determined a weighted-average dumping margin or revised the cash deposit rate for these three companies for which this administrative review was initiated. Allegation of Misreported Entries Commerce is committed to preventing the evasion of ADs and takes allegations, such as the one made by the petitioners, seriously. The issue raised by the petitioners falls within the jurisdiction of CBP and is best addressed by CBP.9 Consequently, Commerce referred this allegation of potential misclassification and/or fraud, and the evidence that the petitioners provided in support of their claim, by sending an Evasion Allegation Letter to CBP for investigation.10 Preliminary Determination of No Shipments Based on the foregoing, Commerce preliminarily determines that the following companies did not have any reviewable entries during the POR: E N Corp.; Enlin; and Vinox. Consistent with Commerce’s practice, we are not rescinding the review with respect to E N Corp., Enlin, and Vinox, but, rather, will complete the review with respect to E N Corp., Enlin, and Vinox, and issue appropriate instructions to CBP based on the final results of this review. khammond on DSKJM1Z7X2PROD with NOTICES Preliminary Results of Review Commerce has not calculated weighted-average dumping margins for E N Corp., Enlin, and Vinox because 9 See Globe Metallurgical Inc., v. United States, 722 F. Supp. 2d 1372, 1381 (CIT 2010); see also Light-Walled Rectangular Pipe and Tube from Turkey: Preliminary Results of Antidumping Duty Administrative Review; 2019–2020, 86 FR 18035, 18036 (April 7, 2021), unchanged in Light-Walled Rectangular Pipe and Tube from Turkey: Final Results of Antidumping Duty Administrative Review; 2019–2020, 86 FR 41440 (August 2, 2021). 10 See Commerce’s Letter, ‘‘Stainless Steel ButtWeld Pipe Fittings from the Philippines, 2021–2022 Administrative Review,’’ dated September 2, 2022 (Evasion Allegation Letter). VerDate Sep<11>2014 16:45 Nov 04, 2022 Jkt 259001 there are no suspended entries of subject merchandise during the POR for these three companies on which to perform such a calculation. Disclosure and Public Comment Because Commerce has not calculated weighted-average dumping margins for these preliminary results, there are no calculations to disclose to interested parties. Interested parties are invited to comment on these preliminary results of the review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs no later than 30 days after the date of publication of this notice in the Federal Register. Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the deadline for filing case briefs.11 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each brief: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.12 Executive summaries should be limited to five pages total, including footnotes.13 Case and rebuttal briefs should be filed using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).14 Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.15 Pursuant to 19 CFR 351.310(c), any interested party may request a hearing within 30 days of the date of publication of this notice in the Federal Register. Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS, by the deadline noted above. If a hearing is requested, Commerce will notify interested parties of the hearing date and time. Requests for a hearing should contain: (1) the requesting party’s name, address, and telephone number; (2) the number of individuals from the requesting party’s firm that will attend the hearing; and (3) a list of issues the party intends to discuss at the hearing. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. Unless we extend the deadline for the final results of this review, we intend to 11 See 12 See 19 CFR 351.309(d). 19 CFR 351.309(c)(2) and (d)(2). 13 Id. 14 See 19 CFR 351.303. 15 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 67015 issue the final results of this administrative review, including the results of our analysis of issues raised by the parties in their briefs, within 120 days of the date of publication of this notice in the Federal Register.16 Assessment Upon issuance of the final results, Commerce will determine, and CBP shall assess, ADs on all appropriate entries in accordance with 19 CFR 351.212(b)(1). For any entries found to be associated with the three companies under review, we will instruct CBP to liquidate such entries at the all-others rate if there is no rate for the intermediate company (or companies) involved in the transaction, consistent with Commerce’s reseller policy.17 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 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). Cash Deposit Requirements The following cash deposit requirements will be effective for all entries of SSBWF from the Philippines entered, or withdrawn from warehouse, for consumption on or after the date of publication of the notice of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the three companies under review will continue to be equal to the companyspecific weighted-average dumping margin established for each company in the most recently completed segment of this proceeding (except, if the rate is de minimis, i.e., less than 0.5 percent, then the cash deposit will be zero percent) or, if a company-specific weighted-average dumping margin has not been established for the company, the cash deposit rate will continue to be equal to the all-others rate; (2) for merchandise exported by a company not covered in this review but covered in a prior completed segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for that company in the most recently completed segment of this proceeding in which the company was included; (3) if 16 See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h)(1). 17 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). E:\FR\FM\07NON1.SGM 07NON1 67016 Federal Register / Vol. 87, No. 214 / Monday, November 7, 2022 / Notices the exporter of the subject merchandise does not have its own rate but the producer has its own rate, the cash deposit rate will be the rate established in the most recently completed segment of the proceeding for the producer of the subject merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 33.81 percent, the all-others rate established in the less-than-fair-value investigation.18 These cash deposit requirements, when imposed, shall remain in effect until further notice. (threaded rod) from the People’s Republic of China (China) during the period of review (POR) July 29, 2019, through December 31, 2020. DATES: Applicable November 7, 2022. FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Allison Hollander, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0410 or (202) 482–2805, respectively. SUPPLEMENTARY INFORMATION: Notification to Importers This notice 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 and/or countervailing 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 and/or countervailing duties occurred and the subsequent assessment of double antidumping duties. Background On May 6, 2022, Commerce published the preliminary results of the 2019–2020 administrative review of the countervailing duty order on threaded rod from China.1 This review covers two mandatory respondents, Zhejiang Junyue Standard Part Co., Ltd. (Junyue) and Ningbo Zhongjiang High Strength Bolts Co., Ltd. (Zhongjiang Bolts), and three non-examined producers or exporters of subject merchandise. We invited interested parties to comment on the Preliminary Results.2 On June 6, 2022, we received timely case briefs from Vulcan Threaded Products Inc. (the petitioner), Junyue, and Zhongjiang Bolts. On June 13, 2022, we received timely rebuttal briefs from the petitioner, Junyue, and Zhongjiang Bolts. For a complete description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.3 Notification to Interested Parties Commerce is issuing and publishing these results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h)(1). Dated: October 31, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Scope of the Order 4 The product covered by the Order is threaded rod from China. A full description of the scope of the Order is contained in the Issues and Decision Memorandum. [FR Doc. 2022–24167 Filed 11–4–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–105] Carbon and Alloy Steel Threaded Rod From the People’s Republic of China: Final Results of Countervailing Duty Administrative Review; 2019–2020 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to the producers and exporters subject to the administrative review of carbon and alloy steel threaded rod khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: 18 See Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Butt-Weld Pipe Fittings from the Philippines, 65 FR 81823 (December 27, 2000). VerDate Sep<11>2014 16:45 Nov 04, 2022 Jkt 259001 Analysis of Comments Received All issues raised by interested parties in briefs are addressed in the Issues and Decision Memorandum accompanying 1 See Carbon and Alloy Steel Threaded Rod From the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Administrative Review in Part; 2019– 2020, 87 FR 27104 (May 6, 2022) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Preliminary Results, 87 FR at 27106. 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review of Carbon and Alloy Steel Threaded Rod from the People’s Republic of China; 2019–2020,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Carbon and Alloy Steel Threaded Rod from India and the People’s Republic of China: Countervailing Duty Orders, 85 FR 19927 (April 9, 2020) (Order). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 this notice. 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 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. Changes Since the Preliminary Results Based on comments in case and rebuttal briefs and record evidence, Commerce made certain changes from the Preliminary Results regarding the calculation of wire rod and steel bar benchmarks and we have corrected several ministerial errors. As a result of these changes, the final rates for Junyue and Zhongjiang Bolts have changed and the rate for non-selected respondents also changed. These changes are explained in the Issues and Decision Memorandum. Methodology Commerce conducted this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each subsidy program found to be countervailable, Commerce finds that there is a subsidy, i.e., a financial contribution from a government or public entity that gives rise to a benefit to the recipient, and that the subsidy is specific.5 For a full description of the methodology underlying all of Commerce’s conclusions, including any determination that relied upon the use of adverse facts available pursuant to section 776(a) and (b) of the Act, see the Issues and Decision Memorandum. Companies Not Selected for Individual Review The statute and Commerce’s regulations do not address the establishment of a rate to be applied to companies not selected for examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 705(c)(5) of the Act, which provides instructions for determining the all-others rate in an investigation, for guidance when calculating the rate for companies 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. E:\FR\FM\07NON1.SGM 07NON1

Agencies

[Federal Register Volume 87, Number 214 (Monday, November 7, 2022)]
[Notices]
[Pages 67014-67016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24167]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-565-801]


Stainless Steel Butt-Weld Pipe Fittings From the Philippines: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that there were no shipments of merchandise subject to the 
antidumping duty (AD) order on stainless steel butt-weld pipe fittings 
(SSBWF) from the Philippines during the period of review (POR) February 
1, 2021, through January 31, 2022, from any of the companies under 
review. We invite interested parties to comment on these preliminary 
results.

DATES: Applicable November 7, 2022.

FOR FURTHER INFORMATION CONTACT: Mark Flessner, AD/CVD Operations, 
Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6312.

SUPPLEMENTARY INFORMATION:

Background

    On February 23, 2001, Commerce published the AD order on SSBWF from 
the Philippines in the Federal Register.\1\ On February 8, 2022, we 
published a notice of opportunity to request an administrative review 
of the Order for the POR February 1, 2021, through January 31, 2022.\2\ 
On February 28, 2022, Core Pipe Products, Inc. and Taylor Forge 
Stainless Inc. (collectively, the petitioners) timely requested an 
administrative review of the Order with respect to: E N Corporation (E 
N Corp.); Enlin Steel Corporation (Enlin); and Vinox Corporation (a/k/a 
Vinoc Corporation) (collectively, Vinox).\3\ On April 12, 2022, 
Commerce initiated an administrative review of these companies 
consistent with section 751(a)(1) of the Tariff Act of 1930, as amended 
(the Act).\4\
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    \1\ See Antidumping Duty Orders: Stainless Steel Butt-Weld Pipe 
Fittings from Italy, Malaysia, and the Philippines, 66 FR 11257 
(February 23, 2001) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 7112 (February 8, 
2022).
    \3\ See Petitioners' Letter, ``Stainless Steel Butt-Weld Pipe 
Fittings from the Philippines--Petitioners' Request for 2021/2022 
Administrative Review,'' dated February 28, 2022.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 21619 (April 12, 2022).
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    Commerce queried U.S. Customs and Border Protection (CBP) data to 
identify suspended entries of subject merchandise entered, or withdrawn 
from warehouse, for consumption during the POR from the companies under 
review. On April 18, 2022, Commerce placed the results of its CBP data 
query on the record.\5\ The CBP data show no suspended entries of 
subject merchandise during the POR associated with the companies under 
review.
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    \5\ See Memorandum, ``Stainless Steel Butt-Weld Pipe Fittings 
from the Philippines; 2021-2022: Placement on the Record of Results 
of Inquiry to U.S. Customs and Border Protection,'' dated April 18, 
2022.
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    Commerce requested comments from interested parties on the CBP 
data.\6\ On April 25, 2022, the petitioners commented on the CBP data, 
alleging that entries during the POR could have been misreported; the 
petitioners provided information which, they contend, supports their 
allegation.\7\ Consequently, the petitioners requested that Commerce 
address evidence of evasion of the Order.\8\
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    \6\ Id.
    \7\ See Petitioners' Letter, ``Stainless Steel Butt-Weld Pipe 
Fittings from the Philippines; 2021-2022--Petitioners' Comments on 
CBP Data,'' dated April 25, 2022, at 1-2 and Attachment.
    \8\ Id. at 2-3.
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Scope of the Order

    For purposes of this Order, the product covered is certain 
stainless steel butt-weld pipe fittings (butt-weld fittings). Butt-weld 
pipe fittings are under 14 inches in outside diameter (based on nominal 
pipe size), whether finished or unfinished. The product encompasses all 
grades of stainless steel and ``commodity'' and ``specialty'' fittings. 
Specifically excluded from the definition are threaded, grooved, and 
bolted fittings, and fittings made from any material other than 
stainless steel. The butt-weld fittings subject to this order are 
generally designated under specification ASTM A403/A403M, the standard 
specification for Wrought Austenitic Stainless Steel Piping Fittings, 
or its foreign equivalents (e.g., DIN or JIS specifications). This 
specification covers two general classes of fittings, WP and CR, of 
wrought austenitic stainless steel fittings of seamless and welded 
construction covered by the latest revision of ANSI B16.9, ANSI B16.11, 
and ANSI B16.28. Butt-weld fittings manufactured to specification ASTM 
A774, or its foreign equivalents, are also covered by this Order.
    This Order does not apply to cast fittings. Cast austenitic 
stainless steel pipe fittings are covered by specifications A351/A351M, 
A743/743M, and A744/A744M.
    The butt-weld fittings subject to this Order are currently 
classifiable under subheadings 7307.23.00.30 and 7307.23.00.90 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of this Order is dispositive.

[[Page 67015]]

Methodology

    As noted above, CBP data show that there were no suspended entries 
of subject merchandise during the POR associated with the three 
companies under review. Section 751(a)(2) of the Act instructs Commerce 
that, when conducting an administrative review, it is to determine the 
dumping margin for entries during the relevant period and establish a 
revised cash deposit rate for estimated ADs for future entries of 
subject merchandise. Given that the record evidence shows that there 
are no suspended entries of subject merchandise during the POR from the 
three companies under review, we have not calculated or otherwise 
determined a weighted-average dumping margin or revised the cash 
deposit rate for these three companies for which this administrative 
review was initiated.

Allegation of Misreported Entries

    Commerce is committed to preventing the evasion of ADs and takes 
allegations, such as the one made by the petitioners, seriously. The 
issue raised by the petitioners falls within the jurisdiction of CBP 
and is best addressed by CBP.\9\ Consequently, Commerce referred this 
allegation of potential misclassification and/or fraud, and the 
evidence that the petitioners provided in support of their claim, by 
sending an Evasion Allegation Letter to CBP for investigation.\10\
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    \9\ See Globe Metallurgical Inc., v. United States, 722 F. Supp. 
2d 1372, 1381 (CIT 2010); see also Light-Walled Rectangular Pipe and 
Tube from Turkey: Preliminary Results of Antidumping Duty 
Administrative Review; 2019-2020, 86 FR 18035, 18036 (April 7, 
2021), unchanged in Light-Walled Rectangular Pipe and Tube from 
Turkey: Final Results of Antidumping Duty Administrative Review; 
2019-2020, 86 FR 41440 (August 2, 2021).
    \10\ See Commerce's Letter, ``Stainless Steel Butt-Weld Pipe 
Fittings from the Philippines, 2021-2022 Administrative Review,'' 
dated September 2, 2022 (Evasion Allegation Letter).
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Preliminary Determination of No Shipments

    Based on the foregoing, Commerce preliminarily determines that the 
following companies did not have any reviewable entries during the POR: 
E N Corp.; Enlin; and Vinox. Consistent with Commerce's practice, we 
are not rescinding the review with respect to E N Corp., Enlin, and 
Vinox, but, rather, will complete the review with respect to E N Corp., 
Enlin, and Vinox, and issue appropriate instructions to CBP based on 
the final results of this review.

Preliminary Results of Review

    Commerce has not calculated weighted-average dumping margins for E 
N Corp., Enlin, and Vinox because there are no suspended entries of 
subject merchandise during the POR for these three companies on which 
to perform such a calculation.

Disclosure and Public Comment

    Because Commerce has not calculated weighted-average dumping 
margins for these preliminary results, there are no calculations to 
disclose to interested parties.
    Interested parties are invited to comment on these preliminary 
results of the review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested 
parties may submit case briefs no later than 30 days after the date of 
publication of this notice in the Federal Register. Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed no later than 
seven days after the deadline for filing case briefs.\11\ Parties who 
submit case briefs or rebuttal briefs in this proceeding are encouraged 
to submit with each brief: (1) a statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\12\ Executive 
summaries should be limited to five pages total, including 
footnotes.\13\ Case and rebuttal briefs should be filed using 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\14\ Note that Commerce 
has temporarily modified certain of its requirements for serving 
documents containing business proprietary information, until further 
notice.\15\
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    \11\ See 19 CFR 351.309(d).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
    \13\ Id.
    \14\ See 19 CFR 351.303.
    \15\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of the date of publication of this notice in the 
Federal Register. Interested parties who wish to request a hearing must 
submit a written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS, by the deadline noted 
above. If a hearing is requested, Commerce will notify interested 
parties of the hearing date and time. Requests for a hearing should 
contain: (1) the requesting party's name, address, and telephone 
number; (2) the number of individuals from the requesting party's firm 
that will attend the hearing; and (3) a list of issues the party 
intends to discuss at the hearing. Issues raised in the hearing will be 
limited to those raised in the respective case and rebuttal briefs.
    Unless we extend the deadline for the final results of this review, 
we intend to issue the final results of this administrative review, 
including the results of our analysis of issues raised by the parties 
in their briefs, within 120 days of the date of publication of this 
notice in the Federal Register.\16\
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    \16\ See section 751(a)(3)(A) of the Act; and 19 CFR 
351.213(h)(1).
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Assessment

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, ADs on all appropriate entries in accordance with 19 
CFR 351.212(b)(1). For any entries found to be associated with the 
three companies under review, we will instruct CBP to liquidate such 
entries at the all-others rate if there is no rate for the intermediate 
company (or companies) involved in the transaction, consistent with 
Commerce's reseller policy.\17\
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    \17\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    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 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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
entries of SSBWF from the Philippines entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
notice of the final results of this administrative review, as provided 
for by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for 
the three companies under review will continue to be equal to the 
company-specific weighted-average dumping margin established for each 
company in the most recently completed segment of this proceeding 
(except, if the rate is de minimis, i.e., less than 0.5 percent, then 
the cash deposit will be zero percent) or, if a company-specific 
weighted-average dumping margin has not been established for the 
company, the cash deposit rate will continue to be equal to the all-
others rate; (2) for merchandise exported by a company not covered in 
this review but covered in a prior completed segment of the proceeding, 
the cash deposit rate will continue to be the company-specific rate 
published for that company in the most recently completed segment of 
this proceeding in which the company was included; (3) if

[[Page 67016]]

the exporter of the subject merchandise does not have its own rate but 
the producer has its own rate, the cash deposit rate will be the rate 
established in the most recently completed segment of the proceeding 
for the producer of the subject merchandise; and (4) the cash deposit 
rate for all other producers or exporters will continue to be 33.81 
percent, the all-others rate established in the less-than-fair-value 
investigation.\18\
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    \18\ See Notice of Final Determination of Sales at Less Than 
Fair Value: Stainless Steel Butt-Weld Pipe Fittings from the 
Philippines, 65 FR 81823 (December 27, 2000).
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice 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 and/or countervailing 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 and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties.

Notification to Interested Parties

    Commerce is issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h)(1).

    Dated: October 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-24167 Filed 11-4-22; 8:45 am]
BILLING CODE 3510-DS-P
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