Forged Steel Fittings From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2020, 21182-21183 [2023-07478]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Notices]
[Pages 21182-21183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07478]



[[Page 21182]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-068]


Forged Steel Fittings From the People's Republic of China: Final 
Results of Countervailing Duty Administrative Review; 2020

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies were provided to producers/exporters of 
forged steel fittings from the People's Republic of China (China) 
during the period of review (POR) January 1, 2020, through December 31, 
2020.

DATES: Applicable April 10, 2023.

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

    Commerce published the Preliminary Results of this administrative 
review in the Federal Register on December 7, 2022, and invited 
interested parties to comment.\1\ For a complete description of the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\2\
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    \1\ See Forged Steel Fittings from the People's Republic of 
China: Preliminary Results and Partial Rescission of Countervailing 
Duty Administrative Review; 2020, 87 FR 75037 (December 7, 2022) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2020 Countervailing Duty Administrative Review 
of Forged Steel Fittings from the People's Republic of China,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Scope of the Order 3
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    \3\ See Forged Steel Fittings from the People's Republic of 
China: Countervailing Duty Order, 83 FR 60396 (November 26, 2018) 
(Order).
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    The product covered by the Order is forged steel fittings from 
China. For a complete description of the scope of the Order, see the 
Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised by interested parties are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is provided in the appendix to this notice. The 
Issues and Decision Memorandum is a public 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 our analysis of comments from interested parties and the 
evidence on the record, we have not made any changes to the Preliminary 
Results. The reasons for this conclusion are explained in the Issues 
and Decision Memorandum. Accordingly, we made no changes to the 
countervailable subsidy rate calculations from the Preliminary Results 
for mandatory respondent Both-Well (Taizhou) Steel Fittings, Co., Ltd. 
(Both-Well).\4\ We also made no changes to the final subsidy rates for 
four non-selected companies under review.\5\
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    \4\ See Preliminary Results, 87 FR at 75038.
    \5\ Id. The four non-selected companies under review are Eaton 
Hydraulics (Ningbo) Co., Ltd.; Jinan Mech Piping Technology Co., 
Ltd.; Qingdao Bestflow Industrial Co., Ltd.; and Yingkou Guangming 
Pipeline Industry Co., Ltd.
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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 find that there is a 
subsidy, i.e., a government-provided financial contribution that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\6\ The Issues and Decision Memorandum contains a full 
description of the methodology underlying Commerce's conclusions, 
including any determination that relied upon the use of adverse facts 
available pursuant to sections 776(a) and (b) of the Act.
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    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution, section 771(5)(E) of the Act regarding 
benefit, and section 771(5A) of the Act regarding specificity.
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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 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(e)(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 
which were not selected for individual examination in an administrative 
review. Under section 705(c)(5)(A) of the Act, the all-others rate is 
normally an amount equal to the weighted average of the countervailable 
subsidy rates established for exporters and producers individually 
investigated, excluding any zero or de minimis countervailable subsidy 
rates, and any rates determined entirely on the basis of facts 
available.
    As stated above, there are four companies for which a review was 
requested and not rescinded, and which were not selected as mandatory 
respondents or found to be cross-owned with a mandatory respondent. For 
these non-selected companies, because the rate calculated for the only 
participating mandatory respondent in this review, Both-Well, was above 
de minimis and not based entirely on facts available, we are applying 
Both-Well's subsidy rate to the four non-selected companies. This 
methodology used to establish the rate for the non-selected companies 
is consistent with our practice regarding the calculation of the all-
others rate, pursuant to section 705(c)(5)(A)(i) of the Act.

Final Results of Administrative Review

    We determine the countervailable subsidy rates for the mandatory 
and non-selected respondents under review for the period of January 1, 
2020, through December 31, 2020, to be as follows:

[[Page 21183]]



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                                                           Subsidy rate
                    Producer/exporter                       (percent ad
                                                             valorem)
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Both-Well (Taizhou) Steel Fittings Co., Ltd.............           13.42
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   Review-Specific Average Rate Applicable to the Following Companies
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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 Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, and U.S Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review, for the above-listed companies at the applicable ad 
valorem assessment rates listed. We intend to issue assessment 
instructions to CBP 35 days after the date of publication of the final 
results of 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 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 non-reviewed 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 the 
final results of review, shall remain in effect until further notice.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
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), which continues to govern 
business proprietary information in this segment of the proceeding. 
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

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(5).

    Dated: April 4, 2023.
Abdelali Elouaradia,
Deputy 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. Period of Review
V. Non-Selected Companies Under Review
VI. Subsidies Valuation Information
VII. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VIII. Analysis of Programs
IX. Discussion of Issues
    Comment 1: Application of Adverse Facts Available (AFA) to the 
Policy Loans to the Forged Steel Fittings Industry, Technology 
Reward from Jiangyan Economic Development Zone, and Provision of 
Land and/or Land-Use Rights for Less Than Adequate Remuneration 
(LTAR) in Jiangsu Province and the Western Region of China Programs
    Comment 2: Application of AFA to ``Other Subsidies''
    Comment 3: Application of AFA to the Provision of Electricity 
for LTAR Program
    Comment 4: Application of AFA to the Provision of Outbound Ocean 
Freight Services for LTAR Program
    Comment 5: Subsidy Rate Calculation for the Provision of 
Outbound Ocean Freight Services for LTAR Program
X. Recommendation

[FR Doc. 2023-07478 Filed 4-7-23; 8:45 am]
BILLING CODE 3510-DS-P