Stainless Steel Butt-Weld Pipe Fittings From Italy, Malaysia, and the Philippines: Continuation of Antidumping Duty Orders, 21979-21980 [2023-07636]

Download as PDF Federal Register / Vol. 88, No. 70 / Wednesday, April 12, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce) with the importer certification, and any supporting documentation, and a copy of the exporter’s certification, and any supporting documentation provided to the importer by the exporter, upon request of either agency; K. I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce; L. I understand that failure to maintain the required certification and supporting documentation, or failure to substantiate the claims made herein, or not allowing CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all entries to which this certification applies are within the scope of the antidumping duty (AD) and countervailing duty (CVD) orders on CWP from China. I understand that such finding will result in: (i) suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; (ii) the importer being required to post the antidumping duty and countervailing duty cash deposits determined by Commerce; and (iii) the importer no longer being allowed to participate in the certification process. M. I understand that agents of the importer, such as brokers, are not permitted to make this certification; This certification was completed and signed on, or prior to, the date of the entry summary if the entry date is more than 14 days after the date of publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register. If the entry date is on or before the 14th day after the date of publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register, this certification was completed and signed by no later than 45 days after publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register. N. I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government. Signature {NAME OF COMPANY OFFICIAL} {TITLE OF COMPANY OFFICIAL} {DATE} Exporter Certification The party that made the sale to the United States should fill out the exporter certification. I hereby certify that: A. My name is {COMPANY OFFICIAL’S NAME} and I am an official of {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES}; located at {ADDRESS OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES}; B. I have direct personal knowledge of the facts regarding the production and exportation of the circular welded carbon VerDate Sep<11>2014 19:25 Apr 11, 2023 Jkt 259001 quality steel pipe (CWP) for which sales are identified below. ‘‘Direct personal knowledge’’ refers to facts the certifying party is expected to have in its own records. For example, an exporter should have direct personal knowledge of the producer’s identity and location; C. The CWP covered by this certification was shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM MERCHANDISE WAS FIRST SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}; D. The CWP covered by this certification does not contain HRS produced in China; E. This certification applies to the following sales to {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER} (repeat this block as many times as necessary): Foreign Seller’s Invoice # to U.S. Customer: Foreign Seller’s Invoice to U.S. Customer Line item #: Producer Name: Producer’s Address: Producer’s Invoice # to Foreign Seller: (If the foreign seller and the producer are the same party, put NA here.) Name of Producer of HRS: Location (Country) of Producer of HRS: F. The CWP covered by this certification was shipped to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}; G. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, product data sheets, mill test reports, productions records, invoices, etc.) until the later of: (1) the date that is five years after the latest date of the entries covered by the certification; or (2) the date that is three years after the conclusion of any litigation in the United States courts regarding such entries; H. I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES} is required to provide the U.S. importer with a copy of this certification and is required to provide U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce) with this certification, and any supporting documents, upon request of either agency; I. I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce; J. I understand that failure to maintain the required certification and supporting documentation, or failure to substantiate the claims made herein, or not allowing CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all sales to which this certification applies are within the scope of the antidumping duty and countervailing duty orders on CWP from China. I understand that such a finding will result in: (i) suspension of all unliquidated entries (and entries for which liquidation has not PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 21979 become final) for which these requirements were not met; (ii) the importer being required to post the antidumping duty and countervailing duty cash deposits determined by Commerce; and (iii) the seller/exporter no longer being allowed to participate in the certification process. K. I understand that agents of the seller/ exporter, such as freight forwarding companies or brokers, are not permitted to make this certification. L. This certification was completed and signed, and a copy of the certification was provided to the importer, on, or prior to, the date of shipment if the shipment date is more than 14 days after the date of publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register. If the shipment date is on or before the 14th day after the date of publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register, this certification was completed and signed, and a copy of the certification was provided to the importer, by no later than 45 days after publication of the notice of Commerce’s preliminary determination of circumvention in the Federal Register; and M. I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government. Signature {NAME OF COMPANY OFFICIAL} {TITLE OF COMPANY OFFICIAL} {DATE} [FR Doc. 2023–07726 Filed 4–11–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–828, A–557–809, A–565–801] Stainless Steel Butt-Weld Pipe Fittings From Italy, Malaysia, and the Philippines: Continuation of Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) orders on stainless steel butt-weld pipe fittings from Italy, Malaysia, and the Philippines would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD orders. DATES: Applicable April 12, 2023. FOR FURTHER INFORMATION CONTACT: Emily Bradshaw, AD/CVD Operations, AGENCY: E:\FR\FM\12APN1.SGM 12APN1 21980 Federal Register / Vol. 88, No. 70 / Wednesday, April 12, 2023 / Notices Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3896. SUPPLEMENTARY INFORMATION: Background On February 23, 2001, Commerce published in the Federal Register the AD orders on stainless steel butt-weld pipe fittings from Italy, Malaysia, and the Philippines.1 On November 1, 2022, the ITC instituted, and Commerce initiated, the fourth sunset review of the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 As a result of its reviews, Commerce determined that revocation of the Orders would likely lead to the continuation or recurrence of dumping, and therefore, notified the ITC of the magnitude of the margins of dumping likely to prevail should the Orders be revoked.3 On April 6, 2023, the ITC published its determination, pursuant to sections 751(c) and 752(a) of the Act, that revocation of the Orders would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.4 ddrumheller on DSK120RN23PROD with NOTICES1 Scope of the Orders The scope of the Orders cover buttweld fittings. Butt-weld 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 these Orders 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 1 See Antidumping Duty Orders: Stainless Steel Butt-Weld Pipe Fittings from Italy, Malaysia, and the Philippines, 66 FR 11257 (February 23, 2001) (Orders). 2 See Stainless Steel Butt-Weld Pipe Fittings from Italy, Malaysia, and the Philippines; Institution of Five-Year Reviews, 87 FR 65819 (November 1, 2022); and Initiation of Five-Year (Sunset) Reviews, 87 FR 65746 (November 1, 2022). 3 See Stainless Steel Butt-Weld Pipe Fittings from Italy, Malaysia, and the Philippines: Final Results of the Expedited Fourth Sunset Review of the Antidumping Duty Orders, 88 FR 14136 (March 7, 2023), and accompanying Issues and Decision Memorandum. 4 See Stainless Steel Butt-Weld Pipe Fittings from Italy, Malaysia, and the Philippines; Determinations, 88 FR 20552 (April 6, 2023). VerDate Sep<11>2014 19:25 Apr 11, 2023 Jkt 259001 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 the Orders. These Orders do 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 these Orders are currently classifiable under subheading 7307.23.0000 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 these Orders is dispositive. Continuation of the Orders As a result of the determinations by Commerce and the ITC that revocation of the Orders would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, Commerce hereby orders the continuation of the Orders. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Orders will be the date of publication in the Federal Register of this notice of continuation. Commerce intends to initiate the next five-year reviews of the Orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply with the regulations and terms of the APO is a sanctionable violation. Notification to Interested Parties These five-year (sunset) reviews and this notice are in accordance with sections 751(c) and 751(d)(2) of the Act and published in accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4). PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 Dated: April 6, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–07636 Filed 4–11–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–803] Light-Walled Welded Rectangular Carbon Steel Tubing From Taiwan: Preliminary Affirmative Determination of Circumvention of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that imports of light-walled welded rectangular carbon steel tubing (LWR tubing) from Taiwan, completed in the Socialist Republic of Vietnam (Vietnam) using hot-rolled steel (HRS) produced in Taiwan, are circumventing the antidumping duty (AD) order on LWR tubing from Taiwan. DATES: Applicable April 12, 2023. FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Christopher Williams, 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) 482–3683 or (202) 482–5166, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 27, 1989, Commerce published in the Federal Register, the AD order on LWR tubing from Taiwan.1 On August 4, 2022, Commerce initiated a country-wide circumvention inquiry to determine whether certain imports of LWR tubing completed in Vietnam using HRS produced in Taiwan are circumventing the Order.2 On August 1 See Antidumping Duty Order; Light-Walled Welded Rectangular Carbon Steel Tubing from Taiwan, 54 FR 12467 (March 27, 1989) (Order or Taiwan Order). 2 See Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China; Certain Circular Welded Non-Alloy Steel Pipe from the Republic of Korea; Certain Welded Carbon Steel Standard Pipes and Tubes from India; Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan; Certain Circular Welded Non-Alloy Steel Pipe from Taiwan; Light-Walled Rectangular Pipe and Tube from the People’s Republic of China; Light-Walled Rectangular Pipe and Tube from the Republic of Korea; Light-Walled Welded Rectangular Carbon Steel Tubing from Taiwan: E:\FR\FM\12APN1.SGM 12APN1

Agencies

[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Pages 21979-21980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07636]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-828, A-557-809, A-565-801]


Stainless Steel Butt-Weld Pipe Fittings From Italy, Malaysia, and 
the Philippines: Continuation of Antidumping Duty Orders

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

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) orders on stainless steel 
butt-weld pipe fittings from Italy, Malaysia, and the Philippines would 
likely lead to continuation or recurrence of dumping and material 
injury to an industry in the United States, Commerce is publishing a 
notice of continuation of these AD orders.

DATES: Applicable April 12, 2023.

FOR FURTHER INFORMATION CONTACT: Emily Bradshaw, AD/CVD Operations,

[[Page 21980]]

Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3896.

SUPPLEMENTARY INFORMATION:

Background

    On February 23, 2001, Commerce published in the Federal Register 
the AD orders on stainless steel butt-weld pipe fittings from Italy, 
Malaysia, and the Philippines.\1\ On November 1, 2022, the ITC 
instituted, and Commerce initiated, the fourth sunset review of the 
Orders, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act).\2\ As a result of its reviews, Commerce determined 
that revocation of the Orders would likely lead to the continuation or 
recurrence of dumping, and therefore, notified the ITC of the magnitude 
of the margins of dumping likely to prevail should the Orders be 
revoked.\3\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Orders: Stainless Steel Butt-Weld Pipe 
Fittings from Italy, Malaysia, and the Philippines, 66 FR 11257 
(February 23, 2001) (Orders).
    \2\ See Stainless Steel Butt-Weld Pipe Fittings from Italy, 
Malaysia, and the Philippines; Institution of Five-Year Reviews, 87 
FR 65819 (November 1, 2022); and Initiation of Five-Year (Sunset) 
Reviews, 87 FR 65746 (November 1, 2022).
    \3\  See Stainless Steel Butt-Weld Pipe Fittings from Italy, 
Malaysia, and the Philippines: Final Results of the Expedited Fourth 
Sunset Review of the Antidumping Duty Orders, 88 FR 14136 (March 7, 
2023), and accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------

    On April 6, 2023, the ITC published its determination, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\4\
---------------------------------------------------------------------------

    \4\ See Stainless Steel Butt-Weld Pipe Fittings from Italy, 
Malaysia, and the Philippines; Determinations, 88 FR 20552 (April 6, 
2023).
---------------------------------------------------------------------------

Scope of the Orders

    The scope of the Orders cover butt-weld fittings. Butt-weld 
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 these Orders 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 the Orders. These 
Orders do 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 these Orders are 
currently classifiable under subheading 7307.23.0000 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 these Orders is dispositive.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act, Commerce hereby 
orders the continuation of the Orders. U.S. Customs and Border 
Protection will continue to collect AD cash deposits at the rates in 
effect at the time of entry for all imports of subject merchandise. The 
effective date of the continuation of the Orders will be the date of 
publication in the Federal Register of this notice of continuation. 
Commerce intends to initiate the next five-year reviews of the Orders 
not later than 30 days prior to the fifth anniversary of the effective 
date of continuation.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply with the regulations and terms 
of the APO is a sanctionable violation.

Notification to Interested Parties

    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published in 
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).

    Dated: April 6, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-07636 Filed 4-11-23; 8:45 am]
BILLING CODE 3510-DS-P
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