Forged Steel Fittings From the People's Republic of China: Preliminary Results and Partial Rescission of Countervailing Duty Administrative Review; 2020, 75037-75039 [2022-26558]
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Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Notices
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
DEPARTMENT OF COMMERCE
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 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, and/or an increase
in the amount of antidumping duties by
the amount of the countervailing duties.
[C–570–068]
International Trade Administration
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, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
ddrumheller on DSK6VXHR33PROD with NOTICES
Appendix II—Companies Preliminarily
Not Eligible for a Separate Rate and
Treated as Part of the China-Wide
Entity
1. Cixi Baicheng Hardware Tools, Ltd.
2. Dalian Guangming Pipe Fittings Co., Ltd.
3. Eaton Hydraulics (Luzhou) Co., Ltd.
4. Eaton Hydraulics (Ningbo) Co., Ltd.
5. Jiangsu Haida Pipe Fittings Group Co.
6. Jinan Mech Piping Technology Co., Ltd.
7. Jining Dingguan Precision Parts
Manufacturing Co., Ltd.
8. Luzhou City Chengrun Mechanics Co., Ltd.
9. Ningbo HongTe Industrial Co., Ltd.
10. Ningbo Long Teng Metal Manufacturing
Co., Ltd.
11. Ningbo Save Technology Co., Ltd.
12. Ningbo Zhongan Forging Co., Ltd.
13. Q.C. Witness International Co., Ltd.
14. Shanghai Lon Au Stainless Steel
Materials Co., Ltd.
15. Witness International Co., Ltd.
16. Yancheng Boyue Tube Co., Ltd.
17. Yancheng Haohui Pipe Fittings Co., Ltd.
18. Yancheng Jiuwei Pipe Fittings Co., Ltd.
19. Yancheng Manda Pipe Industry Co., Ltd.
20. Yuyao Wanlei Pipe Fitting Manufacturing
Co., Ltd.
BILLING CODE 3510–DS–P
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Jkt 259001
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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, 2020, through
December 31, 2020. Commerce
preliminarily determines that
countervailable subsidies are being
provided to producers/exporters of
forged steel fittings from China subject
to this review. We are also rescinding
this review with respect to 21
companies. Interested parties are invited
to comment on these preliminary
results.
AGENCY:
DATES:
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
[FR Doc. 2022–26557 Filed 12–6–22; 8:45 am]
Forged Steel Fittings From the
People’s Republic of China:
Preliminary Results and Partial
Rescission of Countervailing Duty
Administrative Review; 2020
Applicable December 7, 2022.
FOR FURTHER INFORMATION CONTACT:
Zachariah Hall or Shane Subler, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6261 or
(202) 482–6241, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 28, 2021, Commerce
published the notice of initiation of an
administrative review of the CVD order
on forged steel fittings from China.1 On
July 8, 2022, 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, 2022.3
For a complete description of the
events that followed the initiation of
this administrative review, see the
Preliminary Decision Memorandum.4 A
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
73734 (December 28, 2021).
2 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated July 8, 2022.
3 Id. at 2.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results: Administrative Review of
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75037
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.
Rescission of Administrative Review, In
Part
Based on our analysis of U.S. Customs
and Border Protection (CBP)
information, we preliminarily determine
that 21 companies had no entries of
subject merchandise during the POR.5
On February 14, 2022, we notified
parties that we intended to rescind this
administrative review with respect to
the 21 companies because they have no
reviewable suspended entries.6 No
parties commented on the notification
of intent to rescind the review in part.
Pursuant to 19 CFR 351.213(d)(3), we
are rescinding the administrative review
of these companies. We have included
a list of these 21 companies in
Appendix II of this notice. For
additional information regarding this
determination, see the Preliminary
Decision Memorandum.7
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.8 For a full description of the
methodology underlying our
the Countervailing Duty Order on Forged Steel
Fittings from the People’s Republic of China; 2020,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
5 See Appendix II.
6 See Memorandum, ‘‘Notice of Intent to Rescind
Review, In Part,’’ dated February 14, 2022.
7 See Preliminary Decision Memorandum at 3–4.
8 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\07DEN1.SGM
07DEN1
75038
Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Notices
preliminary conclusions, see the
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.9 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Preliminary Rate for Non-Selected
Companies Under Review
ddrumheller on DSK6VXHR33PROD with NOTICES
Reviews were requested of four
companies that Commerce did not select
for individual examination as
mandatory respondents and for which
Commerce is not rescinding the review.
The statute and Commerce’s regulations
do not directly address the
establishment of rates to be applied to
companies not selected for individual
examination where Commerce limits its
examination in an administrative review
pursuant to section 777A(e)(2) of the
Act. However, Commerce normally
determines the rates for non-selected
companies in reviews in a manner that
is consistent with section 705(c)(5) of
the Act, which provides the basis for
calculating the all-others rate in an
investigation. Section 705(c)(5)(A)(i) of
the Act instructs Commerce, as a general
rule, to calculate an all-others rate equal
to the weighted average of the
countervailable subsidy rates
established for exporters and/or
producers individually examined,
excluding any rates that are zero, de
minimis, or based entirely on facts
available.
In this review, the sole mandatory
respondent, Both-Well (Taizhou) Steel
Fittings, Co., Ltd. (Both-Well), had a rate
that was not zero, de minimis, or based
entirely on facts available. Thus, for the
four companies listed below that were
not selected as mandatory company
respondents and for which Commerce is
not rescinding the review, Commerce is
basing the subsidy rates on the rate
calculated for Both-Well.
Preliminary Results of Review
We preliminarily find the following
net countervailable subsidy rates for the
period January 1, 2020, through
December 31, 2020:
9 See
sections 776(a) and (b) of the Act.
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19:54 Dec 06, 2022
Jkt 259001
submit written comments (case briefs)
within 30 days of publication of the
preliminary results and rebuttal
comments (rebuttal briefs) within seven
Both-Well (Taizhou) Steel Fittings,
Co., Ltd .....................................
13.42 days after the time limit for filing case
briefs.10 Note that Commerce has
Review-Specific Average Rate
Applicable to the Following
temporarily modified certain of its
Companies:
requirements for serving documents
Eaton Hydraulics (Ningbo)
containing business proprietary
Co., Ltd ..............................
13.42
information, until further notice.11
Jinan Mech Piping TechPursuant
to 19 CFR 351.309(c)(2) and
nology Co., Ltd ..................
13.42
(d)(2), parties who submit case briefs or
Qingdao Bestflow Industrial
Co., Ltd ..............................
13.42 rebuttal briefs in this review are
Yingkou Guangming Pipeline
encouraged to submit with each
Industry Co., Ltd ................
13.42 argument: (1) a statement of the issue;
(2) a brief summary of the argument;
Assessment Rate
and (3) a table of authorities.
In accordance with 19 CFR
Pursuant to 19 CFR 351.310(c),
351.221(b)(4)(i), we preliminarily
interested parties who wish to request a
assigned subsidy rates in the amounts
hearing, limited to issues raised in the
for the producers/exporters shown
case and rebuttal briefs, must submit a
above. Upon completion of the
written request to the Assistant
administrative review, consistent with
Secretary for Enforcement and
section 751(a)(1) of the Act and 19 CFR
Compliance, U.S. Department of
351.212(b)(2), Commerce shall
Commerce, within 30 days after the date
determine, and CBP shall assess,
countervailing duties on all appropriate of publication of this notice. Requests
should contain: (1) the party’s name,
entries covered by this review.
address, and telephone number; (2) the
Commerce intends to issue instructions
number of participants and whether any
directly to CBP no earlier than 35 days
participant is a foreign national; and (3)
after publication of the final results of
a list of the issues to be discussed. If a
this review in the Federal Register. If a
request for a hearing is made, Commerce
timely summons is filed at the U.S.
Court of International Trade, the
intends to hold the hearing at a time and
assessment instructions will direct CBP
date to be determined. Parties should
not to liquidate relevant entries until the confirm by telephone the date, time, and
time for parties to file a request for a
location of the hearing two days before
statutory injunction has expired (i.e.,
the scheduled date.
within 90 days of publication).
Unless the deadline is extended, we
Cash Deposit Rate
intend to issue the final results of this
administrative review, which will
Pursuant to section 751(a)(1) of the
include the results of our analysis of the
Act, Commerce intends to instruct CBP
issues raised in the case briefs, within
to collect cash deposits of estimated
120 days of publication of these
countervailing duties in the amounts
preliminary results in the Federal
indicated for the producers/exporters
listed above with regard to shipments of Register, pursuant to section
subject merchandise entered, or
751(a)(3)(A) of the Act and 19 CFR
withdrawn from warehouse, for
351.213(h).
consumption on or after the date of
Notification to Interested Parties
publication of the final results of this
review. For all non-reviewed firms, we
This administrative review and notice
will instruct CBP to continue to collect
are in accordance with sections
cash deposits of estimated
751(a)(1) and 777(i)(1) of the Act, and 19
countervailing duties at the most recent
CFR 351.213.
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
10 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1);
instructions, when imposed, shall
see also Temporary Rule Modifying AD/CVD
remain in effect until further notice.
Producer/exporter
Subsidy
rate
(percent)
Disclosure and Public Comment
We intend to disclose to interested
parties the calculations performed for
these preliminary results within five
days of the date of publication of this
notice in accordance with 19 CFR
351.224(b). Interested parties may
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Service Requirements Due to COVID–19, 85 FR
17006 (March 26, 2020) (‘‘To provide adequate time
for release of case briefs via ACCESS, E&C intends
to schedule the due date for all rebuttal briefs to be
7 days after case briefs are filed (while these
modifications are in effect).’’).
11 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
E:\FR\FM\07DEN1.SGM
07DEN1
Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Notices
Dated: November 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Diversification of China’s Economy
V. Non-Selected Companies Under Review
VI. Partial Rescission of Review
VII. Subsidies Valuation
VIII. Benchmarks and Discount Rates
IX. Use of Facts Otherwise Available and
Adverse Inferences
X. Analysis of Programs
XI. Recommendation
Appendix II
List of Companies Subject to Rescission of
Review
1. Cixi Baicheng Hardware Tools, Ltd.
2. Dalian Guangming Pipe Fittings Co., Ltd.
3. Eaton Hydraulics (Luzhou) Co., Ltd.
4. Jiangsu Forged Pipe Fittings Co., Ltd.
5. Jiangsu Haida Pipe Fittings Group Co. Ltd.
6. Jining Dingguan Precision Parts
Manufacturing Co., Ltd.
7. Lianfa Stainless Steel Pipes & Valves
(Qingyun) Co., Ltd.
8. Luzhou City Chengrun Mechanics Co., Ltd.
9. Ningbo HongTe Industrial Co., Ltd.
10. Ningbo Long Teng Metal Manufacturing
Co., Ltd.
11. Ningbo Save Technology Co., Ltd.
12. Ningbo Zhongan Forging Co., Ltd.
13. Q.C. Witness International Co., Ltd.
14. Shanghai Lon Au Stainless Steel
Materials Co., Ltd.
15. Witness International Co., Ltd.
16. Xin Yi International Trade Co., Limited
17. Yancheng Boyue Tube Co., Ltd.
18. Yancheng Haohui Pipe Fittings Co., Ltd.
19. Yancheng Jiuwei Pipe Fittings Co., Ltd.
20. Yancheng Manda Pipe Industry Co., Ltd.
21. Yuyao Wanlei Pipe Fitting Manufacturing
Co., Ltd.
[FR Doc. 2022–26558 Filed 12–6–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Alicia Chambers,
NIST Executive Secretariat.
National Institute of Standards and
Technology
[FR Doc. 2022–26550 Filed 12–6–22; 8:45 am]
Announcing Establishment of the NIST
Safety Commission
BILLING CODE 3510–13–P
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice.
DEPARTMENT OF COMMERCE
The NIST Safety Commission
(Commission) has been established as a
discretionary advisory committee under
agency authority in accordance with the
provisions of FACA. It has been
determined that the establishment of the
Industrial Advisory Committee
AGENCY:
ddrumheller on DSK6VXHR33PROD with NOTICES
Commission is necessary and in the
public interest.
FOR FURTHER INFORMATION CONTACT: Dr.
S. Shyam Sunder, Director of the
Special Programs Office and Chief Data
Officer, National Institute of Standards
and Technology, at 301–975–6713 or
sunder@nist.gov.
SUPPLEMENTARY INFORMATION: The NIST
Safety Commission (Commission) has
been established as a discretionary
advisory committee under agency
authority pursuant to 15 U.S.C. 1512
and in accordance with the Federal
Advisory Committee Act, as amended
(FACA), 5 U.S.C. App. The Secretary of
Commerce has determined that the
establishment of the Commission is
necessary and in the public interest.
The Commission will provide advice
to the NIST Director on matters relating
to NIST safety policies; safety
management system, practices, and
performance; and safety culture. It will
be tasked with assessing the state of
NIST’s safety culture and how
effectively the existing safety protocols
and policies have been implemented
across NIST. The NIST Director may
charge the Commission with specific
areas of focus.
Members of the Commission will be
appointed by the Director of NIST. The
Commission will be composed of not
more than seven members who are
qualified to provide advice to the NIST
Director on matters relating to safety
policies; safety management system,
practices, and performance; and safety
culture. Commission membership will
be balanced fairly and drawn from
industry, academia, federal laboratories,
and other relevant sectors.
The Commission will function solely
as an advisory body, in accordance with
the provisions of FACA. The Charter for
the Commission will be filed with the
appropriate entities no earlier than 15
calendar days following the date of
publication of this notice.
SUMMARY:
VerDate Sep<11>2014
19:54 Dec 06, 2022
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National Institute of Standards and
Technology
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
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75039
The Industrial Advisory
Committee (Committee) will hold an
open meeting in-person and via web
conference on Thursday, December 8,
2022, from 9 a.m. to 3 p.m. Eastern
Time. The primary purposes of this
meeting are to update the Committee on
the progress of the Creating Helpful
Incentives to Produce Semiconductors
(CHIPS) Research & Development (R&D)
Programs, receive updates from the
Committee working groups, and allow
the Committee to deliberate and discuss
the progress that has been made. The
final agenda will be posted on the NIST
website at https://www.nist.gov/chips/
industrial-advisory-committee.
DATES: The Industrial Advisory
Committee will meet on Thursday,
December 8, 2022, from 9 a.m. to 3 p.m.
Eastern Time. The meeting will be open
to the public.
ADDRESSES: The meeting will be held in
person and via web conference, from the
Grand Hyatt Washington Hotel, located
at 1000 H St. NW, Washington, DC. For
instructions on how to attend and/or
participate in the meeting, please see
the SUPPLEMENTARY INFORMATION section
of this notice.
FOR FURTHER INFORMATION CONTACT:
Tamiko Ford at Tamiko.Ford@NIST.gov
or (202) 594–6793.
SUPPLEMENTARY INFORMATION: The
Committee was established pursuant to
15 U.S.C. 4656(b). The Committee is
currently composed of 24 members,
appointed by the Secretary of
Commerce, to provide advice to the
United States Government on matters
relating to microelectronics research,
development, manufacturing, and
policy. Background information on the
CHIPS Act and information on the
Committee is available at https://
www.nist.gov/chips/industrial-advisorycommittee.
Pursuant to the Federal Advisory
Committee Act, as amended, 5 U.S.C.
App., notice is hereby given that the
Industrial Advisory Committee will
meet on Thursday, December 8, 2022,
from 9 a.m. to 3 p.m. Eastern Time. The
meeting will be open to the public and
will be held in-person and via web
conference. Interested members of the
public will be able to participate in the
meeting from remote locations or inperson. The primary purposes of this
meeting are to update the Committee on
the progress of the CHIPS R&D
Programs, receive updates from the
Committee working groups, and allow
the Committee to deliberate and discuss
the progress that has been made. The
final agenda will be posted on the NIST
website at https://www.nist.gov/chips/
industrial-advisory-committee.
SUMMARY:
E:\FR\FM\07DEN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Notices]
[Pages 75037-75039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26558]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-068]
Forged Steel Fittings From the People's Republic of China:
Preliminary Results and Partial Rescission of Countervailing Duty
Administrative Review; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. 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, 2020, through December 31, 2020. Commerce
preliminarily determines that countervailable subsidies are being
provided to producers/exporters of forged steel fittings from China
subject to this review. We are also rescinding this review with respect
to 21 companies. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable December 7, 2022.
FOR FURTHER INFORMATION CONTACT: Zachariah Hall or Shane Subler, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-6261 or (202)
482-6241, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 28, 2021, Commerce published the notice of initiation
of an administrative review of the CVD order on forged steel fittings
from China.\1\ On July 8, 2022, 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, 2022.\3\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 73734 (December 28, 2021).
\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review,'' dated July
8, 2022.
\3\ Id. at 2.
---------------------------------------------------------------------------
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/.
---------------------------------------------------------------------------
\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; 2020,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------
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.
Rescission of Administrative Review, In Part
Based on our analysis of U.S. Customs and Border Protection (CBP)
information, we preliminarily determine that 21 companies had no
entries of subject merchandise during the POR.\5\ On February 14, 2022,
we notified parties that we intended to rescind this administrative
review with respect to the 21 companies because they have no reviewable
suspended entries.\6\ No parties commented on the notification of
intent to rescind the review in part. Pursuant to 19 CFR 351.213(d)(3),
we are rescinding the administrative review of these companies. We have
included a list of these 21 companies in Appendix II of this notice.
For additional information regarding this determination, see the
Preliminary Decision Memorandum.\7\
---------------------------------------------------------------------------
\5\ See Appendix II.
\6\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated February 14, 2022.
\7\ See Preliminary Decision Memorandum at 3-4.
---------------------------------------------------------------------------
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.\8\ For a full description of the methodology
underlying our
[[Page 75038]]
preliminary conclusions, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\8\ 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.
---------------------------------------------------------------------------
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.\9\ For further information, see ``Use of Facts Otherwise
Available and Adverse Inferences'' in the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\9\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Preliminary Rate for Non-Selected Companies Under Review
Reviews were requested of four companies that Commerce did not
select for individual examination as mandatory respondents and for
which Commerce is not rescinding the review. The statute and Commerce's
regulations do not directly address the establishment of rates to be
applied to companies not selected for individual examination where
Commerce limits its examination in an administrative review pursuant to
section 777A(e)(2) of the Act. However, Commerce normally determines
the rates for non-selected companies in reviews in a manner that is
consistent with section 705(c)(5) of the Act, which provides the basis
for calculating the all-others rate in an investigation. Section
705(c)(5)(A)(i) of the Act instructs Commerce, as a general rule, to
calculate an all-others rate equal to the weighted average of the
countervailable subsidy rates established for exporters and/or
producers individually examined, excluding any rates that are zero, de
minimis, or based entirely on facts available.
In this review, the sole mandatory respondent, Both-Well (Taizhou)
Steel Fittings, Co., Ltd. (Both-Well), had a rate that was not zero, de
minimis, or based entirely on facts available. Thus, for the four
companies listed below that were not selected as mandatory company
respondents and for which Commerce is not rescinding the review,
Commerce is basing the subsidy rates on the rate calculated for Both-
Well.
Preliminary Results of Review
We preliminarily find the following net countervailable subsidy
rates for the period January 1, 2020, through December 31, 2020:
------------------------------------------------------------------------
Subsidy
Producer/exporter rate
(percent)
------------------------------------------------------------------------
Both-Well (Taizhou) Steel Fittings, Co., Ltd................. 13.42
Review-Specific Average Rate Applicable to the Following
Companies:
Eaton Hydraulics (Ningbo) Co., Ltd....................... 13.42
Jinan Mech Piping Technology Co., Ltd.................... 13.42
Qingdao Bestflow Industrial Co., Ltd..................... 13.42
Yingkou Guangming Pipeline Industry Co., Ltd............. 13.42
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Assessment Rate
In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts for the producers/exporters 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 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. 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 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 amounts indicated for the producers/exporters listed
above 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 applicable to the company, as appropriate. These cash
deposit instructions, when imposed, shall remain in effect until
further notice.
Disclosure and Public Comment
We intend to disclose to interested parties the calculations
performed for these preliminary results within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties may submit written comments (case briefs) within 30
days of publication of the preliminary results and rebuttal comments
(rebuttal briefs) within seven days after the time limit for filing
case briefs.\10\ Note that Commerce has temporarily modified certain of
its requirements for serving documents containing business proprietary
information, until further notice.\11\ Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit case briefs or rebuttal briefs in this
review 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(c)(1)(ii) and 351.309(d)(1); see also
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19, 85 FR 17006 (March 26, 2020) (``To provide adequate time for
release of case briefs via ACCESS, E&C intends to schedule the due
date for all rebuttal briefs to be 7 days after case briefs are
filed (while these modifications are in effect).'').
\11\ 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), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after 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 whether any participant is a foreign national; and (3)
a list of the issues to be discussed. If a request for a hearing is
made, Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Unless the deadline is extended, we intend to issue the final
results of this administrative review, which will include the results
of our analysis of the issues raised in the case briefs, within 120
days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Notification to Interested Parties
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213.
[[Page 75039]]
Dated: November 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Diversification of China's Economy
V. Non-Selected Companies Under Review
VI. Partial Rescission of Review
VII. Subsidies Valuation
VIII. Benchmarks and Discount Rates
IX. Use of Facts Otherwise Available and Adverse Inferences
X. Analysis of Programs
XI. Recommendation
Appendix II
List of Companies Subject to Rescission of Review
1. Cixi Baicheng Hardware Tools, Ltd.
2. Dalian Guangming Pipe Fittings Co., Ltd.
3. Eaton Hydraulics (Luzhou) Co., Ltd.
4. Jiangsu Forged Pipe Fittings Co., Ltd.
5. Jiangsu Haida Pipe Fittings Group Co. Ltd.
6. Jining Dingguan Precision Parts Manufacturing Co., Ltd.
7. Lianfa Stainless Steel Pipes & Valves (Qingyun) Co., Ltd.
8. Luzhou City Chengrun Mechanics Co., Ltd.
9. Ningbo HongTe Industrial Co., Ltd.
10. Ningbo Long Teng Metal Manufacturing Co., Ltd.
11. Ningbo Save Technology Co., Ltd.
12. Ningbo Zhongan Forging Co., Ltd.
13. Q.C. Witness International Co., Ltd.
14. Shanghai Lon Au Stainless Steel Materials Co., Ltd.
15. Witness International Co., Ltd.
16. Xin Yi International Trade Co., Limited
17. Yancheng Boyue Tube Co., Ltd.
18. Yancheng Haohui Pipe Fittings Co., Ltd.
19. Yancheng Jiuwei Pipe Fittings Co., Ltd.
20. Yancheng Manda Pipe Industry Co., Ltd.
21. Yuyao Wanlei Pipe Fitting Manufacturing Co., Ltd.
[FR Doc. 2022-26558 Filed 12-6-22; 8:45 am]
BILLING CODE 3510-DS-P
