Forged Steel Fittings From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021-2022, 49154-49157 [2024-12738]

Download as PDF 49154 Federal Register / Vol. 89, No. 113 / Tuesday, June 11, 2024 / Notices investigation (i.e., 17.74 percent) if there is no rate for the intermediate company(ies) involved in the transaction.15 Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) the company-specific cash deposit rate for MAL will be equal to the weightedaverage dumping margin established in the final results of this review (except, if that rate is de minimis within the meaning of 19 CFR 351.106(c)(1), then the cash deposit rate will be zero); (2) for producers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently-completed segment of this proceeding in which they were reviewed; (3) if the exporter is not a firm covered in this review or a prior segment of the proceeding but the producer is, then the cash deposit rate will be the rate established for the 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 17.74 percent, the all-others rate established in the lessthan-fair-value investigation.16 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. khammond on DSKJM1Z7X2PROD with NOTICES Notification to Interested Parties We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i) of the Act, 15 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 16 See Order, 86 FR at 7530. VerDate Sep<11>2014 17:09 Jun 10, 2024 Jkt 262001 and 19 CFR 351.213(h)(2) and 351.221(b)(4). Dated: May 23, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the 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, In Part V. Affiliation and Collapsing VI. Discussion of the Methodology VII. Currency Conversion VIII. Recommendation [FR Doc. 2024–12743 Filed 6–10–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–067] Forged Steel Fittings From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021– 2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that Qingdao Bestflow Industrial Co., Ltd. (Bestflow), the sole participating mandatory respondent in this review and an exporter of forged steel fittings from the People’s Republic of China (China), and Both-Well Taizhou Steel Fittings Co., Ltd. (Both-Well), a nonindividually-examined exporter of forged steel fittings from China, sold subject merchandise in the United States at prices below normal value (NV) during the period of review (POR) November 1, 2021, through October 31, 2022. Further, Commerce determines that Xin Yi International Trade Co., Limited (Xin Yi) had no shipments of subject merchandise during the POR. Lastly, Commerce determines that 23 companies for which this review was initiated are not eligible for a separate rate and are, thus, part of the Chinawide entity. DATES: Applicable June 11, 2024. FOR FURTHER INFORMATION CONTACT: Jinny Ahn, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 AGENCY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0968. SUPPLEMENTARY INFORMATION: Background Commerce published the Preliminary Results 1 on December 7, 2023, and invited interested parties to comment. On March 22, 2024, we extended the deadline for the final results of this review until June 4, 2024.2 For a complete description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.3 Scope of the Order 4 The merchandise covered by the Order is forged steel fittings from China. Subject carbon and alloy forged steel fittings are normally entered under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7307.99.1000, 7307.99.3000, 7307.99.5045, and 7307.99.5060. They also may be entered under HTSUS subheadings 7307.92.3010, 7307.92.3030, 7307.92.9000, and 7326.19.0010. The HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope is dispositive. For a complete description of the scope of the Order, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in the parties’ briefs are addressed in the Issues and Decision Memorandum. A list of the issues addressed is included as Appendix I 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 1 See Forged Steel Fittings from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments; 2021– 2022, 88 FR 85221 (December 7, 2023) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Extension of Deadline for Final Results of Antidumping Duty Administrative Review,’’ dated March 22, 2024. 3 See Memorandum, ‘‘Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order on Forged Steel Fittings from the People’s Republic of China; 2021– 2022,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Forged Steel Fittings from Italy and the People’s Republic of China: Antidumping Duty Orders, 83 FR 60397, dated November 26, 2018 (Order). E:\FR\FM\11JNN1.SGM 11JNN1 Federal Register / Vol. 89, No. 113 / Tuesday, June 11, 2024 / Notices directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Changes Since the Preliminary Results Based on our review of the record and comments received from interested parties regarding the Preliminary Results, we made certain revisions to the margin calculations for Bestflow.5 Further, we have assigned Bestflow’s revised final weighted-average dumping margin to the non-examined separate rate respondent, Both-Well. For a discussion of these changes, see the Issues and Decision Memorandum. Final Determination of No Shipments In the Preliminary Results, we preliminarily determined that Xin Yi had no shipments of subject merchandise to the United States during the POR.6 No party filed comments with respect to this preliminary determination and we received no information to contradict the preliminary finding. Therefore, we continue to find that Xin Yi had no shipments of subject merchandise during the POR and will issue appropriate liquidation instructions that are consistent with our ‘‘automatic assessment’’ clarification for these final results.7 Separate Rate In our Preliminary Results, we determined that Bestflow and Both-Well demonstrated their eligibility for separate rates.8 We received no arguments since the issuance of the Preliminary Results that provide a basis for reconsideration of these determinations. Therefore, for these final results, we continue to find that the two companies listed in the table in the ‘‘Final Results of Review’’ section of this notice are each eligible for a separate rate. khammond on DSKJM1Z7X2PROD with NOTICES The China-Wide Entity In the Preliminary Results, Commerce found that 23 companies for which a review was initiated did not establish their eligibility for a separate rate.9 No parties contested this finding. As such, we continue to determine these 23 companies identified in Appendix II are part of the China-wide entity. Because no party requested a review of the China-wide entity, and Commerce no 5 See Memorandum, ‘‘Final Results Calculation Memorandum for Both-Well,’’ dated concurrently with this notice. 6 See Preliminary Results, 88 FR at 85222. 7 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment Practice Refinement). 8 See Preliminary Results PDM at 7–8. 9 Id. at 9. VerDate Sep<11>2014 17:09 Jun 10, 2024 Jkt 262001 longer considers the China-wide entity as an exporter conditionally subject to administrative reviews,10 we did not conduct a review of the China-wide entity. Thus, the weighted-average dumping margin for the China-wide entity rate (i.e., 142.72 percent) is not subject to change.11 Rate for Non-Examined Separate Rate Respondent The statute and Commerce’s regulations do not address what weighted-average dumping margin to apply to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Tariff Act of 1930, as amended (the Act). Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation, for guidance when calculating the weighted-average dumping margin for respondents that are not individually examined in an administrative review. Section 735(c)(5)(A) of the Act states that the allothers rate should be calculated by averaging the weighted-average dumping margins determined for individually-examined respondents, excluding rates that are zero, de minimis, or based entirely on facts available. In the Preliminary Results,12 and consistent with Commerce’s practice,13 we assigned the non-examined, separate rate company (i.e., Both-Well) a weighted-average dumping margin equal to the calculated weighted-average dumping margin for the mandatory respondent whose rate was not zero, de minimis (i.e., less than 0.5 percent), or based entirely on facts available (i.e., the weighted-average dumping margin for Bestflow). Both-Well and the Bonney Forge Corporation, a domestic interested party, commented on the methodology for calculating this separate rate. See Issues and Decision Memorandum at Comment 5. For the final results, we continue to apply this approach and assign Both-Well the weighted-average dumping margin calculated for Bestflow which is not zero, de minimis, or based entirely on facts available, as it is 10 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 65969–70 (November 4, 2013). 11 See Order, 83 FR at 60397. 12 See Preliminary Results PDM at 9. 13 See, e.g., Certain Kitchen Appliance Shelving and Racks from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 74 FR 36656, 36660 (July 24, 2009). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 49155 consistent with the intent of, and our use of, section 735(c)(5)(A) of the Act.14 Final Results of Review Commerce determines that the following weighted-average dumping margins exist for the period November 1, 2021, through October 31, 2022: Exporter Qingdao Bestflow Industrial Co., Ltd ............................. Weightedaverage dumping margin (percent) 118.97 Review-Specific Rate Applicable to the Following Company Both-Well (Taizhou) Steel Fittings Co., Ltd ................. 118.97 Disclosure We intend to disclose the calculations performed in connection with these final results to interested parties in this review under an administrative protective order (APO) within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Assessment Rates Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), Commerce has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review, when the company-specific weighted-average dumping margin is not zero or de minimis (i.e., less than 0.50 percent), or when the importer-specific assessment rate calculated in the final results of this review is not zero or de minimis.15 Where either a company’s weightedaverage dumping margin is zero or de 14 See Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Final Results and Final Partial Rescission of Antidumping Duty Administrative Review, 76 FR 56158, 56160 (September 12, 2011). 15 See 19 CFR 351.106(c)(2). E:\FR\FM\11JNN1.SGM 11JNN1 49156 Federal Register / Vol. 89, No. 113 / Tuesday, June 11, 2024 / Notices khammond on DSKJM1Z7X2PROD with NOTICES minimis, or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For Bestflow, which has a final weighted-average dumping margin that is not zero or de minimis (i.e., less than 0.5 percent), we will instruct CBP to assess antidumping duties at the time of liquidation, in accordance with 19 CFR 351.212(b)(1).16 Because Bestflow did not report entered value for its U.S. sales, we intend to calculate importeror customer-specific per-unit assessment rates by dividing the total amount of dumping calculated for all reviewed sales to the importer or customer by the total quantity of the same sales. Commerce will also calculate (estimated) ad valorem importer- or customer-specific assessment rates with which to assess whether the per-unit assessment rates are de minimis. We intend to calculate estimated importer- (or customerspecific ad valorem assessment rates by dividing the total amount of dumping calculated for all reviewed U.S. sales to the importer or customer by the total estimated entered value of the same sales.17 For the respondent that was not selected for individual examination in this administrative review, and which qualified for a separate rate (i.e., BothWell), the assessment rate will be equal to the weighted-average dumping margin from the final results (i.e., 118.97 percent). For the companies who are not eligible for a separate rate, and, thus, are part of the China-wide entity, we will instruct CBP to apply an ad valorem assessment rate of 142.72 percent to all POR entries of subject merchandise which was exported by those companies. Pursuant to a refinement in our nonmarket economy practice, for sales that were not reported in the U.S. sales data submitted by Bestflow during this review, we will instruct CBP to liquidate entries associated with those sales at the rate for the China-wide entity.18 Additionally, any suspended entries that entered under Xin Yi’s case number (i.e., at Xin Yi’s cash deposit rate) will be liquidated at the 16 Commerce will apply the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). 17 See 19 CFR 351.212 (b)(1). 18 See Assessment Practice Refinement, 76 FR at 65694 for a full discussion of this practice. VerDate Sep<11>2014 17:09 Jun 10, 2024 Jkt 262001 antidumping duty assessment rate for the China-wide entity.19 regulations and terms of an APO is a violation subject to sanction. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) for companies listed in the table above, the cash deposit rate will be 118.97 percent; (2) for previously examined Chinese and non-Chinese exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter’s existing cash deposit rate; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the China-wide entity (i.e., 142.72 percent); and (4) for all non-Chinese exporters of subject merchandise which have not received their own separate rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that non-Chinese exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Interested Parties These final results and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h) and 19 CFR 351.221(b)(5). Notification to Importers This notice also serves as a final 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. Administrative Protective Order This notice also serves as a reminder to parties subject to an APO of their responsibility concerning the return or 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 19 Id. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 Dated: June 4, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Whether Commerce Used the Latest Revised U.S. Sales Database for the Calculation of Bestflow’s WeightedAverage Dumping Margin Comment 2: Inland Freight Surrogate Value (SV) Comment 3: Calculation of Labor SV Covering Multiple Years of the POR Comment 4: Whether to Continue to Apply Partial Adverse Facts Available (AFA) to Determine the Normal Value (NV) for the Sales of Merchandise Supplied by Bestflow’s Uncooperative Suppliers Comment 5: Whether to Continue to Assign Bestflow’s Weighted-Average Dumping Margin to Both-Well VI. Recommendation Appendix II Companies 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 Forged Pipe Fittings Co., Ltd. 6. Jiangsu Haida Pipe Fittings Group Co. 7. Jinan Mech Piping Technology Co., Ltd. 8. Jining Dingguan Precision Parts Manufacturing Co., Ltd. 9. Lianfa Stainless Steel Pipes & Valves (Qingyun) Co., Ltd. 10. Luzhou City Chengrun Mechanics Co., Ltd. 11. Ningbo HongTe Industrial Co., Ltd. 12. Ningbo Long Teng Metal Manufacturing Co., Ltd. 13. Ningbo Save Technology Co., Ltd. 14. Ningbo Zhongan Forging Co., Ltd. 15. Q.C. Witness International Co., Ltd. 16. Shanghai Lon Au Stainless Steel Materials Co., Ltd. 17. Witness International Co., Ltd. 18. Yancheng Boyue Tube Co., Ltd. 19. Yancheng Haohui Pipe Fittings Co., Ltd. 20. Yancheng Jiuwei Pipe Fittings Co., Ltd. 21. Yancheng Manda Pipe Industry Co., Ltd. 22. Yingkou Guangming Pipeline Industry Co., Ltd. E:\FR\FM\11JNN1.SGM 11JNN1 Federal Register / Vol. 89, No. 113 / Tuesday, June 11, 2024 / Notices 23. Yuyao Wanlei Pipe Fitting Manufacturing Co., Ltd. [FR Doc. 2024–12738 Filed 6–10–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Application for Export Trade Certificate of Review International Trade Administration, Department of Commerce. ACTION: Notice of information collection, request for comment. AGENCY: The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public’s reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB. DATES: To ensure consideration, comments regarding this proposed information collection must be received on or before August 12, 2024. ADDRESSES: Interested persons are invited to submit written comments by mail to Amanda Reynolds, Team Lead, International Trade Administration (ITA) by email to ETCA@trade.gov or PRA@trade.gov. Please reference OMB Control Number 0625–0125 in the subject line of your comments. Do not submit Confidential Business Information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT: Requests for additional information or specific questions related to collection activities should be directed to Amanda Reynolds, Team Lead, (202) 482–5131 and email ETCA@trade.gov. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: I. Abstract Title III of the Export Trading Company Act (hereinafter ‘‘the Act’’) of 1982 (Pub. L. 97–290, 15 U.S.C. 4001 et seq.), authorizes the Secretary of Commerce to issue, with the concurrence of the Attorney General, an Export Trade Certificate of Review to any person that establishes that its proposed export trade, export trade VerDate Sep<11>2014 17:09 Jun 10, 2024 Jkt 262001 activities, and methods of operation meet the four standards found in section 303 (a) of the Act, 15 U.S.C. 4001 et seq. An Export Trade Certificate of Review provides the certificate holder and its members with limited antitrust immunity for specified export-related activities. Application for an Export Trade Certificate of Review is voluntary. The information to be collected is found at 15 CFR part 325.3—Export Trade Certificates of Review. The collection of information is necessary for both the Departments of Commerce and Justice to conduct an analysis, in order to determine whether the applicant and its members are eligible to receive the protection of an Export Trade Certificate of Review and whether the applicant’s proposed export-related conduct meets the standards in Section 303(a) of the Act. The collection of information constitutes the essential basis of the statutory determinations to be made by the Secretary of Commerce and the Attorney General. The Department of Commerce conducts its economic and legal analysis of the information supplied by applicants through the Office of Trade and Economic Analysis and the Office of the General Counsel. In the Department of Justice, analysis is conducted by the Antitrust Division. Title III was enacted to reduce uncertainty regarding the application of U.S. antitrust laws to export activities. An Export Trade Certificate of Review provides its holder and members named in the Certificate with (a) protection from government actions under state and federal antitrust laws for the export conduct specified in the Certificate, and (b) certain protection from private suits, by limiting liability in private actions to actual damages when the challenged activities are covered by an Export Trade Certificate of Review. 49157 Estimated Total Annual Cost to Public: $0. Respondent’s Obligation: Voluntary. Legal Authority: Title III of the Export Trading Company Act of 1982, 15 U.S.C. 4011–4021. IV. Request for Comments We are soliciting public comments to permit the Department/Bureau to: (a) Evaluate whether the proposed information collection is necessary for the proper functions of the Department, including whether the information will have practical utility; (b) Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used; (c) Evaluate ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology. Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Sheleen Dumas, Department PRA Clearance Officer, Office of the Under Secretary for Economic Affairs, Commerce Department. II. Method of Collection The form is sent by request to U.S. firms. [FR Doc. 2024–12771 Filed 6–10–24; 8:45 am] III. Data OMB Control Number: 0625–0125. Form Number(s): ITA–4093P. Type of Review: Regular submission, extension of a current information collection. Affected Public: Business or other forprofit organizations; not-for-profit institutions, and state, local or tribal government. Estimated Number of Respondents: 9. Estimated Time per Response: 32 hours (application); 2 hours (annual report). Estimated Total Annual Burden Hours: 426 hours. DEPARTMENT OF COMMERCE PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 BILLING CODE 3510–DR–P National Institute of Standards and Technology Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Generic Clearance for Decision Science Data Collections National Institute of Standards and Technology (NIST), Commerce. AGENCY: Notice of information collection, request for comment. ACTION: E:\FR\FM\11JNN1.SGM 11JNN1

Agencies

[Federal Register Volume 89, Number 113 (Tuesday, June 11, 2024)]
[Notices]
[Pages 49154-49157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12738]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-067]


Forged Steel Fittings From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Qingdao Bestflow Industrial Co., Ltd. (Bestflow), the sole 
participating mandatory respondent in this review and an exporter of 
forged steel fittings from the People's Republic of China (China), and 
Both-Well Taizhou Steel Fittings Co., Ltd. (Both-Well), a non-
individually-examined exporter of forged steel fittings from China, 
sold subject merchandise in the United States at prices below normal 
value (NV) during the period of review (POR) November 1, 2021, through 
October 31, 2022. Further, Commerce determines that Xin Yi 
International Trade Co., Limited (Xin Yi) had no shipments of subject 
merchandise during the POR. Lastly, Commerce determines that 23 
companies for which this review was initiated are not eligible for a 
separate rate and are, thus, part of the China-wide entity.

DATES: Applicable June 11, 2024.

FOR FURTHER INFORMATION CONTACT: Jinny Ahn, AD/CVD Operations, Office 
VI, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-0968.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results \1\ on December 7, 2023, 
and invited interested parties to comment. On March 22, 2024, we 
extended the deadline for the final results of this review until June 
4, 2024.\2\ For a complete description of the events that occurred 
since the Preliminary Results, see the Issues and Decision 
Memorandum.\3\
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    \1\ See Forged Steel Fittings from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review, Preliminary Determination of No Shipments; 2021-2022, 88 FR 
85221 (December 7, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated March 22, 2024.
    \3\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Administrative Review of the Antidumping Duty Order on Forged 
Steel Fittings from the People's Republic of China; 2021-2022,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Scope of the Order 4
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    \4\ See Forged Steel Fittings from Italy and the People's 
Republic of China: Antidumping Duty Orders, 83 FR 60397, dated 
November 26, 2018 (Order).
---------------------------------------------------------------------------

    The merchandise covered by the Order is forged steel fittings from 
China. Subject carbon and alloy forged steel fittings are normally 
entered under Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings 7307.99.1000, 7307.99.3000, 7307.99.5045, and 7307.99.5060. 
They also may be entered under HTSUS subheadings 7307.92.3010, 
7307.92.3030, 7307.92.9000, and 7326.19.0010. The HTSUS subheadings are 
provided for convenience and customs purposes; the written description 
of the scope is dispositive. For a complete description of the scope of 
the Order, see the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the parties' briefs are addressed in the 
Issues and Decision Memorandum. A list of the issues addressed is 
included as Appendix I 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

[[Page 49155]]

directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties regarding the Preliminary Results, we made certain 
revisions to the margin calculations for Bestflow.\5\ Further, we have 
assigned Bestflow's revised final weighted-average dumping margin to 
the non-examined separate rate respondent, Both-Well. For a discussion 
of these changes, see the Issues and Decision Memorandum.
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    \5\ See Memorandum, ``Final Results Calculation Memorandum for 
Both-Well,'' dated concurrently with this notice.
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Final Determination of No Shipments

    In the Preliminary Results, we preliminarily determined that Xin Yi 
had no shipments of subject merchandise to the United States during the 
POR.\6\ No party filed comments with respect to this preliminary 
determination and we received no information to contradict the 
preliminary finding. Therefore, we continue to find that Xin Yi had no 
shipments of subject merchandise during the POR and will issue 
appropriate liquidation instructions that are consistent with our 
``automatic assessment'' clarification for these final results.\7\
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    \6\ See Preliminary Results, 88 FR at 85222.
    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Practice Refinement).
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Separate Rate

    In our Preliminary Results, we determined that Bestflow and Both-
Well demonstrated their eligibility for separate rates.\8\ We received 
no arguments since the issuance of the Preliminary Results that provide 
a basis for reconsideration of these determinations. Therefore, for 
these final results, we continue to find that the two companies listed 
in the table in the ``Final Results of Review'' section of this notice 
are each eligible for a separate rate.
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    \8\ See Preliminary Results PDM at 7-8.
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The China-Wide Entity

    In the Preliminary Results, Commerce found that 23 companies for 
which a review was initiated did not establish their eligibility for a 
separate rate.\9\ No parties contested this finding. As such, we 
continue to determine these 23 companies identified in Appendix II are 
part of the China-wide entity. Because no party requested a review of 
the China-wide entity, and Commerce no longer considers the China-wide 
entity as an exporter conditionally subject to administrative 
reviews,\10\ we did not conduct a review of the China-wide entity. 
Thus, the weighted-average dumping margin for the China-wide entity 
rate (i.e., 142.72 percent) is not subject to change.\11\
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    \9\ Id. at 9.
    \10\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November 
4, 2013).
    \11\ See Order, 83 FR at 60397.
---------------------------------------------------------------------------

Rate for Non-Examined Separate Rate Respondent

    The statute and Commerce's regulations do not address what 
weighted-average dumping margin to apply to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Tariff Act 
of 1930, as amended (the Act). Generally, Commerce looks to section 
735(c)(5) of the Act, which provides instructions for calculating the 
all-others rate in an investigation, for guidance when calculating the 
weighted-average dumping margin for respondents that are not 
individually examined in an administrative review. Section 735(c)(5)(A) 
of the Act states that the all-others rate should be calculated by 
averaging the weighted-average dumping margins determined for 
individually-examined respondents, excluding rates that are zero, de 
minimis, or based entirely on facts available.
    In the Preliminary Results,\12\ and consistent with Commerce's 
practice,\13\ we assigned the non-examined, separate rate company 
(i.e., Both-Well) a weighted-average dumping margin equal to the 
calculated weighted-average dumping margin for the mandatory respondent 
whose rate was not zero, de minimis (i.e., less than 0.5 percent), or 
based entirely on facts available (i.e., the weighted-average dumping 
margin for Bestflow). Both-Well and the Bonney Forge Corporation, a 
domestic interested party, commented on the methodology for calculating 
this separate rate. See Issues and Decision Memorandum at Comment 5. 
For the final results, we continue to apply this approach and assign 
Both-Well the weighted-average dumping margin calculated for Bestflow 
which is not zero, de minimis, or based entirely on facts available, as 
it is consistent with the intent of, and our use of, section 
735(c)(5)(A) of the Act.\14\
---------------------------------------------------------------------------

    \12\ See Preliminary Results PDM at 9.
    \13\ See, e.g., Certain Kitchen Appliance Shelving and Racks 
from the People's Republic of China: Final Determination of Sales at 
Less Than Fair Value, 74 FR 36656, 36660 (July 24, 2009).
    \14\ See Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Final Results and Final Partial Rescission of 
Antidumping Duty Administrative Review, 76 FR 56158, 56160 
(September 12, 2011).
---------------------------------------------------------------------------

Final Results of Review

    Commerce determines that the following weighted-average dumping 
margins exist for the period November 1, 2021, through October 31, 
2022:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Qingdao Bestflow Industrial Co., Ltd....................          118.97
------------------------------------------------------------------------
        Review-Specific Rate Applicable to the Following Company
------------------------------------------------------------------------
Both-Well (Taizhou) Steel Fittings Co., Ltd.............          118.97
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed in connection with 
these final results to interested parties in this review under an 
administrative protective order (APO) within five days of the date of 
publication of this notice in the Federal Register in accordance with 
19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries covered by 
this review. Commerce intends to issue assessment instructions to CBP 
no earlier than 35 days after the date of publication of the final 
results of this review in the Federal Register. If a timely summons is 
filed at the U.S. Court of International Trade, the assessment 
instructions will direct CBP not to liquidate relevant entries until 
the time for parties to file a request for a statutory injunction has 
expired (i.e., within 90 days of publication).
    We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review, when the company-specific 
weighted-average dumping margin is not zero or de minimis (i.e., less 
than 0.50 percent), or when the importer-specific assessment rate 
calculated in the final results of this review is not zero or de 
minimis.\15\ Where either a company's weighted-average dumping margin 
is zero or de

[[Page 49156]]

minimis, or an importer-specific assessment rate is zero or de minimis, 
we will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For Bestflow, which has a final weighted-average dumping margin 
that is not zero or de minimis (i.e., less than 0.5 percent), we will 
instruct CBP to assess antidumping duties at the time of liquidation, 
in accordance with 19 CFR 351.212(b)(1).\16\ Because Bestflow did not 
report entered value for its U.S. sales, we intend to calculate 
importer- or customer-specific per-unit assessment rates by dividing 
the total amount of dumping calculated for all reviewed sales to the 
importer or customer by the total quantity of the same sales. Commerce 
will also calculate (estimated) ad valorem importer- or customer-
specific assessment rates with which to assess whether the per-unit 
assessment rates are de minimis. We intend to calculate estimated 
importer- (or customer-specific ad valorem assessment rates by dividing 
the total amount of dumping calculated for all reviewed U.S. sales to 
the importer or customer by the total estimated entered value of the 
same sales.\17\
---------------------------------------------------------------------------

    \16\ Commerce will apply the assessment rate calculation method 
adopted in Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
    \17\ See 19 CFR 351.212 (b)(1).
---------------------------------------------------------------------------

    For the respondent that was not selected for individual examination 
in this administrative review, and which qualified for a separate rate 
(i.e., Both-Well), the assessment rate will be equal to the weighted-
average dumping margin from the final results (i.e., 118.97 percent). 
For the companies who are not eligible for a separate rate, and, thus, 
are part of the China-wide entity, we will instruct CBP to apply an ad 
valorem assessment rate of 142.72 percent to all POR entries of subject 
merchandise which was exported by those companies.
    Pursuant to a refinement in our non-market economy practice, for 
sales that were not reported in the U.S. sales data submitted by 
Bestflow during this review, we will instruct CBP to liquidate entries 
associated with those sales at the rate for the China-wide entity.\18\ 
Additionally, any suspended entries that entered under Xin Yi's case 
number (i.e., at Xin Yi's cash deposit rate) will be liquidated at the 
antidumping duty assessment rate for the China-wide entity.\19\
---------------------------------------------------------------------------

    \18\ See Assessment Practice Refinement, 76 FR at 65694 for a 
full discussion of this practice.
    \19\ Id.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) for companies listed 
in the table above, the cash deposit rate will be 118.97 percent; (2) 
for previously examined Chinese and non-Chinese exporters not listed 
above that have separate rates, the cash deposit rate will continue to 
be the exporter's existing cash deposit rate; (3) for all Chinese 
exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be the rate for 
the China-wide entity (i.e., 142.72 percent); and (4) for all non-
Chinese exporters of subject merchandise which have not received their 
own separate rate, the cash deposit rate will be the rate applicable to 
the Chinese exporter that supplied that non-Chinese exporter. These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

    This notice also serves as a final 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.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an APO 
of their responsibility concerning the return or 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 violation 
subject to sanction.

Notification to Interested Parties

    These final results and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213(h) and 19 CFR 351.221(b)(5).

    Dated: June 4, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Commerce Used the Latest Revised U.S. Sales 
Database for the Calculation of Bestflow's Weighted-Average Dumping 
Margin
    Comment 2: Inland Freight Surrogate Value (SV)
    Comment 3: Calculation of Labor SV Covering Multiple Years of 
the POR
    Comment 4: Whether to Continue to Apply Partial Adverse Facts 
Available (AFA) to Determine the Normal Value (NV) for the Sales of 
Merchandise Supplied by Bestflow's Uncooperative Suppliers
    Comment 5: Whether to Continue to Assign Bestflow's Weighted-
Average Dumping Margin to Both-Well
VI. Recommendation

Appendix II

Companies 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 Forged Pipe Fittings Co., Ltd.
6. Jiangsu Haida Pipe Fittings Group Co.
7. Jinan Mech Piping Technology Co., Ltd.
8. Jining Dingguan Precision Parts Manufacturing Co., Ltd.
9. Lianfa Stainless Steel Pipes & Valves (Qingyun) Co., Ltd.
10. Luzhou City Chengrun Mechanics Co., Ltd.
11. Ningbo HongTe Industrial Co., Ltd.
12. Ningbo Long Teng Metal Manufacturing Co., Ltd.
13. Ningbo Save Technology Co., Ltd.
14. Ningbo Zhongan Forging Co., Ltd.
15. Q.C. Witness International Co., Ltd.
16. Shanghai Lon Au Stainless Steel Materials Co., Ltd.
17. Witness International Co., Ltd.
18. Yancheng Boyue Tube Co., Ltd.
19. Yancheng Haohui Pipe Fittings Co., Ltd.
20. Yancheng Jiuwei Pipe Fittings Co., Ltd.
21. Yancheng Manda Pipe Industry Co., Ltd.
22. Yingkou Guangming Pipeline Industry Co., Ltd.

[[Page 49157]]

23. Yuyao Wanlei Pipe Fitting Manufacturing Co., Ltd.

[FR Doc. 2024-12738 Filed 6-10-24; 8:45 am]
BILLING CODE 3510-DS-P
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