Certain Carbon Steel Butt-Weld Pipe Fittings From the People's Republic of China: Final Determination of Covered Merchandise Inquiry, 69909-69910 [2023-22368]
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Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Notices
most recently-completed segment of this
proceeding for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 19.52 percent, the
all-others rate established in the LTFV
investigation.12 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
ddrumheller on DSK120RN23PROD with NOTICES1
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days
after publication of the preliminary
results in the Federal Register.13
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
no later than 30 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
seven days after the date for filing case
briefs.14 Parties who submit case briefs
or rebuttal briefs in this proceeding 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.15 Case and
rebuttal briefs should be filed using
ACCESS,16 and must be served on
interested parties. Executive summaries
should be limited to five pages total,
including footnotes. Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.17
Pursuant to 19 CFR 351.310(c),
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, within 30 days after the date
of publication of this notice. An
electronically filed document must be
received successfully in its entirety by
5:00 p.m. Eastern Time. Hearing
requests should contain: (1) the party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold the
hearing at a date and time to be
determined.18 Parties should confirm
the date, time, and location of the
12 See
Order.
19 CFR 351.224(b).
14 See 19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
15 See 19 CFR 351.309(c)(2) and (d)(2).
16 See 19 CFR 351.303.
17 See Temporary Rule.
18 See 19 CFR 351.310(d).
13 See
VerDate Sep<11>2014
18:39 Oct 06, 2023
Jkt 262001
hearing two days before the scheduled
date.
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of any analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with section
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: September 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Intent to Rescind the Review, In Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023–22369 Filed 10–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–814]
Certain Carbon Steel Butt-Weld Pipe
Fittings From the People’s Republic of
China: Final Determination of Covered
Merchandise Inquiry
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain carbon steel butt-weld pipe
fittings (butt-weld pipe fittings)
exported from the Socialist Republic of
AGENCY:
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
69909
Vietnam (Vietnam) to the United States
that were produced using fittings from
the People’s Republic of China (China)
that undergo the first stage of
production in China (rough fittings) and
the second and third stages of
production in Vietnam are not subject to
the scope of the antidumping duty order
on butt-weld pipe fittings from China
based on the evidence on the record in
this inquiry. Additionally, Commerce
determines that butt-weld pipe fittings
from China that undergo the first and
second stages of production in China
(unfinished fittings) and the third stage
of production in Vietnam are subject to
the scope of the antidumping duty
order.
DATES:
Applicable October 10, 2023.
FOR FURTHER INFORMATION CONTACT:
Miranda Bourdeau, AD/CVD Operations
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2021.
SUPPLEMENTARY INFORMATION:
Background
On June 23, 2023, Commerce
published in the Federal Register the
preliminary results of this covered
merchandise inquiry, determining that:
(1) Chinese-origin unfinished fittings
that only underwent the final stage of
three production stages (i.e., finishing
processes) in Vietnam are covered by
the scope of the Order; and (2) Chineseorigin rough fittings that underwent
both the second and third stages of
production in Vietnam are not covered
by the scope of the Order.1 Commerce
received comments from Norca
Industrial Company, LLC (Norca) 2 and
Tube Forgings of America, Inc., Mills
Iron Works, Inc., and Hackney-Ladish,
Inc. (collectively, the petitioners).3
For a complete description of the
events that followed the Preliminary
Results, see the Issues and Decision
Memorandum.4 The Issues and Decision
1 See Certain Carbon Steel Butt-Weld Pipe Fittings
from the People’s Republic of China: Preliminary
Results of Covered Merchandise Inquiry, 88 FR
41075 (June 23, 2023) (Preliminary Results); see
also Antidumping Duty Order and Amendment to
the Final Determination of Sales at Less Than Fair
Value; Certain Carbon Steel Butt-Weld Pipe Fittings
from the People’s Republic of China, 57 FR 29702
(July 6, 1992) (Order).
2 See Norca’s Letter, ‘‘Norca Industrial Company,
LLC Case Brief,’’ dated June 28, 2023; see also
Norca’s Letter, ‘‘Norca Industrial Company, LLC
Rebuttal Case Brief,’’ dated July 3, 2023.
3 See Petitioners’ Letter, ‘‘Petitioners’ Case Brief,’’
dated June 28, 2023; see also Petitioners’ Letter,
‘‘Petitioners’ Rebuttal Brief,’’ dated July 3, 2023.
4 See Memorandum, ‘‘Decision Memorandum for
the Final Results of Covered Merchandise Inquiry—
E:\FR\FM\10OCN1.SGM
Continued
10OCN1
69910
Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Notices
Memorandum is a public document and
is available 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.
Scope of the Order
The merchandise covered by the
Order is unfinished and finished buttweld pipe fittings. For a complete
description of the scope of the Order,
see the Issues and Decision
Memorandum.
Merchandise Subject to the Covered
Merchandise Inquiry
The products subject to this inquiry
are rough and unfinished fittings
originating in China and processed into
butt-weld pipe fittings through two
production scenarios in Vietnam.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this inquiry are addressed in
the Issues and Decision Memorandum.
For a list of the issues raised by
interested parties and addressed in the
Issues and Decision Memorandum, see
the Appendix to this notice.
ddrumheller on DSK120RN23PROD with NOTICES1
Final Determination
We determine, pursuant to 19 CFR
351.227(e)(2), that rough fittings
originating from China that undergo the
second and third stages of production in
Vietnam are not subject to the scope of
the Order. Additionally, we find that
unfinished fittings from China that
undergo the third stage of production in
Vietnam are subject to the scope of the
Order. In reaching this determination,
we relied on information placed on the
record by Norca and the petitioners. For
further discussion, see the Issues and
Decision Memorandum.
Continuation of Suspension of
Liquidation
As stated above, Commerce has made
an affirmative finding that unfinished
fittings originating from China that
undergo the third stage of production in
Vietnam, which were the subject of this
referral from CBP, are subject to the
scope of the Order. This affirmative inscope finding applies on a country-wide
EAPA Inv. 7335: Certain Carbon Steel Butt-Weld
Pipe Fittings from the People’s Republic of China,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
VerDate Sep<11>2014
18:39 Oct 06, 2023
Jkt 262001
basis, regardless of the producer,
exporter, or importer, to all products
from the same country with the same
relevant physical characteristics as the
products at issue. Therefore, in
accordance with 19 CFR 351.227(l)(3),
for these products, Commerce will
direct CBP to: (1) continue the
suspension of liquidation of previously
suspended entries and apply the
applicable cash deposit rate; (2) suspend
liquidation and require a cash deposit of
estimated duties, at the applicable rate,
for each unliquidated entry of the
product not yet suspended, entered, or
withdrawn from warehouse, for
consumption on or after September 26,
2022, the date of publication of the
notice of initiation of this covered
merchandise inquiry in the Federal
Register; and (3) suspend liquidation
and require a cash deposit of estimated
duties, at the applicable rate, for each
unliquidated entry of the product not
yet suspended, entered, or withdrawn
from warehouse, for consumption prior
to September 26, 2022, but after
November 4, 2021.5
Customs and Border Protection
Notification
In accordance with section
517(b)(4)(B) of the Act, we will notify
CBP of the final results of this covered
merchandise inquiry. Commerce will
direct CBP to assess, upon further
instruction by Commerce, antidumping
duties on all imports of unfinished
fittings from China that undergo the
third stage of production in Vietnam
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition 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 the terms of an APO is
a sanctionable violation.
5 See Certain Carbon Steel Butt-Weld Pipe Fittings
from the People’s Republic of China: Notice of
Covered Merchandise Referral and Initiation of
Covered Merchandise Inquiry, 87 FR 58310
(September 26, 2022).
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Frm 00016
Fmt 4703
Sfmt 4703
Notification to Interested Parties
This notice is issued and published
pursuant to section 517 of the Act and
19 CFR 351.227(e)(2).
Dated: September 29, 2023.
Lisa W. Wang,
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. Description of Merchandise Subject to
this Inquiry
V. Discussion of the Issues
Comment 1: Whether Commerce Erred in
Determining That Merchandise in
Scenario 1 is Within the Scope of the
Order
Comment 2: Whether Commerce Erred in
Determining That Merchandise in
Scenario 2 is Not Subject to the Scope of
the Order
VI. Recommendation
[FR Doc. 2023–22368 Filed 10–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
The 47th Meeting of the U.S. Coral Reef
Task Force
The Coral Reef Conservation
Program, Office for Coastal
Management, National Ocean Service,
National Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce.
ACTION: Notice of meeting; request for
comments.
AGENCY:
NOAA and the Department of
Interior (DOI) will hold the 47th
meeting of the U.S. Coral Reef Task
Force (USCRTF). NOAA and DOI will
be accepting oral and written comments.
DATES: NOAA and DOI will hold a
public meeting on Thursday, October
26, 2023, from 8:30 a.m. to 5 p.m.
Eastern Time (ET) at the Westin
Frenchman’s Reef Hotel, 5 Estate
Bakkeroe, St. Thomas 00802, U.S. Virgin
Islands. Written comments must be
received before 8 a.m. ET on October 25,
2023.
ADDRESSES: Comments may be
submitted by the following methods:
Oral Comments: NOAA and DOI will
accept oral comments at the meeting on
Thursday, October 26, 2023, from 12:30
p.m. to 1 p.m. ET.
Email: Please direct written comments
to Michael Lameier, NOAA, USCRTF
Steering Committee Point of Contact,
SUMMARY:
E:\FR\FM\10OCN1.SGM
10OCN1
]]>Agencies
[Federal Register Volume 88, Number 194 (Tuesday, October 10, 2023)]
[Notices]
[Pages 69909-69910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22368]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-814]
Certain Carbon Steel Butt-Weld Pipe Fittings From the People's
Republic of China: Final Determination of Covered Merchandise Inquiry
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain carbon steel butt-weld pipe fittings (butt-weld pipe fittings)
exported from the Socialist Republic of Vietnam (Vietnam) to the United
States that were produced using fittings from the People's Republic of
China (China) that undergo the first stage of production in China
(rough fittings) and the second and third stages of production in
Vietnam are not subject to the scope of the antidumping duty order on
butt-weld pipe fittings from China based on the evidence on the record
in this inquiry. Additionally, Commerce determines that butt-weld pipe
fittings from China that undergo the first and second stages of
production in China (unfinished fittings) and the third stage of
production in Vietnam are subject to the scope of the antidumping duty
order.
DATES: Applicable October 10, 2023.
FOR FURTHER INFORMATION CONTACT: Miranda Bourdeau, AD/CVD Operations
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2021.
SUPPLEMENTARY INFORMATION:
Background
On June 23, 2023, Commerce published in the Federal Register the
preliminary results of this covered merchandise inquiry, determining
that: (1) Chinese-origin unfinished fittings that only underwent the
final stage of three production stages (i.e., finishing processes) in
Vietnam are covered by the scope of the Order; and (2) Chinese-origin
rough fittings that underwent both the second and third stages of
production in Vietnam are not covered by the scope of the Order.\1\
Commerce received comments from Norca Industrial Company, LLC (Norca)
\2\ and Tube Forgings of America, Inc., Mills Iron Works, Inc., and
Hackney-Ladish, Inc. (collectively, the petitioners).\3\
---------------------------------------------------------------------------
\1\ See Certain Carbon Steel Butt-Weld Pipe Fittings from the
People's Republic of China: Preliminary Results of Covered
Merchandise Inquiry, 88 FR 41075 (June 23, 2023) (Preliminary
Results); see also Antidumping Duty Order and Amendment to the Final
Determination of Sales at Less Than Fair Value; Certain Carbon Steel
Butt-Weld Pipe Fittings from the People's Republic of China, 57 FR
29702 (July 6, 1992) (Order).
\2\ See Norca's Letter, ``Norca Industrial Company, LLC Case
Brief,'' dated June 28, 2023; see also Norca's Letter, ``Norca
Industrial Company, LLC Rebuttal Case Brief,'' dated July 3, 2023.
\3\ See Petitioners' Letter, ``Petitioners' Case Brief,'' dated
June 28, 2023; see also Petitioners' Letter, ``Petitioners' Rebuttal
Brief,'' dated July 3, 2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
Preliminary Results, see the Issues and Decision Memorandum.\4\ The
Issues and Decision
[[Page 69910]]
Memorandum is a public document and is available 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.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Final Results
of Covered Merchandise Inquiry--EAPA Inv. 7335: Certain Carbon Steel
Butt-Weld Pipe Fittings from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is unfinished and finished
butt-weld pipe fittings. For a complete description of the scope of the
Order, see the Issues and Decision Memorandum.
Merchandise Subject to the Covered Merchandise Inquiry
The products subject to this inquiry are rough and unfinished
fittings originating in China and processed into butt-weld pipe
fittings through two production scenarios in Vietnam.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this inquiry are addressed in the Issues and
Decision Memorandum. For a list of the issues raised by interested
parties and addressed in the Issues and Decision Memorandum, see the
Appendix to this notice.
Final Determination
We determine, pursuant to 19 CFR 351.227(e)(2), that rough fittings
originating from China that undergo the second and third stages of
production in Vietnam are not subject to the scope of the Order.
Additionally, we find that unfinished fittings from China that undergo
the third stage of production in Vietnam are subject to the scope of
the Order. In reaching this determination, we relied on information
placed on the record by Norca and the petitioners. For further
discussion, see the Issues and Decision Memorandum.
Continuation of Suspension of Liquidation
As stated above, Commerce has made an affirmative finding that
unfinished fittings originating from China that undergo the third stage
of production in Vietnam, which were the subject of this referral from
CBP, are subject to the scope of the Order. This affirmative in-scope
finding applies on a country-wide basis, regardless of the producer,
exporter, or importer, to all products from the same country with the
same relevant physical characteristics as the products at issue.
Therefore, in accordance with 19 CFR 351.227(l)(3), for these products,
Commerce will direct CBP to: (1) continue the suspension of liquidation
of previously suspended entries and apply the applicable cash deposit
rate; (2) suspend liquidation and require a cash deposit of estimated
duties, at the applicable rate, for each unliquidated entry of the
product not yet suspended, entered, or withdrawn from warehouse, for
consumption on or after September 26, 2022, the date of publication of
the notice of initiation of this covered merchandise inquiry in the
Federal Register; and (3) suspend liquidation and require a cash
deposit of estimated duties, at the applicable rate, for each
unliquidated entry of the product not yet suspended, entered, or
withdrawn from warehouse, for consumption prior to September 26, 2022,
but after November 4, 2021.\5\
---------------------------------------------------------------------------
\5\ See Certain Carbon Steel Butt-Weld Pipe Fittings from the
People's Republic of China: Notice of Covered Merchandise Referral
and Initiation of Covered Merchandise Inquiry, 87 FR 58310
(September 26, 2022).
---------------------------------------------------------------------------
Customs and Border Protection Notification
In accordance with section 517(b)(4)(B) of the Act, we will notify
CBP of the final results of this covered merchandise inquiry. Commerce
will direct CBP to assess, upon further instruction by Commerce,
antidumping duties on all imports of unfinished fittings from China
that undergo the third stage of production in Vietnam entered, or
withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation, as discussed above in the
``Continuation of Suspension of Liquidation'' section.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition 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 the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This notice is issued and published pursuant to section 517 of the
Act and 19 CFR 351.227(e)(2).
Dated: September 29, 2023.
Lisa W. Wang,
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. Description of Merchandise Subject to this Inquiry
V. Discussion of the Issues
Comment 1: Whether Commerce Erred in Determining That
Merchandise in Scenario 1 is Within the Scope of the Order
Comment 2: Whether Commerce Erred in Determining That
Merchandise in Scenario 2 is Not Subject to the Scope of the Order
VI. Recommendation
[FR Doc. 2023-22368 Filed 10-6-23; 8:45 am]
BILLING CODE 3510-DS-P
