Notice2021-16913
Cast Iron Soil Pipe From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2018-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 9, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that cast iron soil pipe (soil pipe) from the People's Republic of China (China) was sold in the United States at less than normal value (NV) during the period of review (POR) August 31, 2018, through April 30, 2020. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 150 (Monday, August 9, 2021)</title>
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[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Notices]
[Pages 43523-43525]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16913]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-079]
Cast Iron Soil Pipe From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that cast iron soil pipe (soil pipe) from the People's Republic of
China (China) was sold in the United States at less than normal value
(NV) during the period of review (POR) August 31, 2018, through April
30, 2020. We invite interested parties to comment on these preliminary
results.
DATES: Applicable August 9, 2021.
FOR FURTHER INFORMATION CONTACT: Javier Barrientos, 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) 482-2243.
SUPPLEMENTARY INFORMATION:
Background
On July 10, 2020, Commerce published a notice of initiation of an
administrative review of the antidumping duty order on soil pipe from
China.\1\ This administrative review covers one company, Yuncheng
Jiangxian Economic Development Zone HengTong Casting Co., Ltd.
(HengTong).
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 41540 (July 10, 2020); see also Cast
Iron Soil Pipe from the People's Republic of China: Antidumping Duty
Order, 84 FR 19035 (May 3, 2019) (Order).
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[[Page 43524]]
On July 21, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days.\2\ On March 22, 2021, Commerce extended the
deadline for the preliminary results to July 30, 2021.\3\
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\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\3\ See Memorandum, ``Cast Iron Soil Pipe from the People's
Republic of China: Extension of Deadline for Preliminary Results of
the 2018-2020 Antidumping Duty Administrative Review,'' dated March
22, 2021.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
A list of topics included in the Preliminary Decision Memorandum is
included as an Appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
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\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review: Cast Iron
Soil Pipe from the People's Republic of China; 2018-2020,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The product covered by this order is soil pipe from China. For a
full description of the scope, see the Preliminary Decision Memorandum.
Separate Rate
Commerce preliminary determines that information placed on the
record by HengTong demonstrates that HengTong is entitled to separate
rate status. For additional information, see the Preliminary Decision
Memorandum.
China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\5\ Under this policy, the
China-wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity. Because
no party requested a review of the China-wide entity in this review,
the entity is not under review and the weighted-average dumping margin
determined for the China-wide entity (i.e., 235.93 percent) is not
subject to change as a result of this review.\6\ For additional
information, see the Preliminary Decision Memorandum.
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\5\ 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 (November 4, 2013).
\6\ See Order, 84 FR at 19036.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We
calculated export price in accordance with section 772 of the Act.
Because China is a non-market economy country within the meaning of
section 771(18) of the Act, we calculated NV in accordance with section
773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period August 31, 2018, through
April 31, 2020:
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Weighted-
Average
Exporter Dumping
Margin
(percent)
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Yuncheng Jiangxian Economic Development Zone HengTong 31.48
Casting Co., Ltd (aka HengTong Casting Co., Ltd.).........
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results to interested parties within five days of the date
of publication of this notice, in accordance with 19 CFR 351.224(b).
Commerce will announce the briefing schedule to interested parties at a
later date. Rebuttal briefs, the content of which is limited to issues
raised in case briefs, may be filed no later than seven days after the
date established for filing case briefs.\7\ 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.\8\ Case and rebuttal
briefs should be filed using ACCESS \9\ and must be served on
interested parties.\10\ 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.\11\
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\7\ See 19 CFR 351.309(d).
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ See generally 19 CFR 351.303.
\10\ See 19 CFR 351.303(f).
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a request to the Assistant Secretary for
Enforcement and Compliance, filed electronically via ACCESS. An
electronically-filed document must be received successfully in its
entirety through Commerce's electronic records system, ACCESS, by 5:00
p.m. Eastern Time within 30 days after the date of publication of this
notice. Requests should contain: (1) The party's name, address, and
telephone number; (2) the number of participants; and (3) a list of the
issues to be discussed. If a request for a hearing is made, Commerce
intends to hold the hearing at a time and date to be determined.
Parties should confirm by telephone the date and time of the hearing
two days before the scheduled date.
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of our analysis of all issues raised in the case briefs, within 120
days of publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of this administrative review, Commerce will
determine, and United States Customs and Border Protection (CBP) shall
assess, antidumping duties on all appropriate entries.\12\
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\12\ See 19 CFR 351.212(b).
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If HengTong's weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.50 percent) in the final results of this
review, Commerce will calculate importer-specific assessment rates on
the basis of the ratio of the total amount of dumping calculated for
the examined sales to that importer to the total entered value of those
sales,\13\ in accordance with 19 CFR 351.212(b)(1). Commerce will
instruct CBP to collect the appropriate duties at the time of
liquidation.
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\13\ As noted in the Preliminary Decision Memorandum, we intend
to modify the entered value used in the calculation of our
assessment instructions to CBP so as to capture the full amount of
antidumping duties due on imports of HengTong's merchandise. See
Preliminary Decision Memorandum at Section V; see also Memorandum,
``Cast Iron Soil Pipe from the People's Republic of China: Analysis
of HengTong for the Preliminary Results,'' dated concurrently with
this notice.
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Where an exporter's weighted-average dumping margin is zero or de
minimis,
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or an importer-specific ad valorem assessment rate is zero or de
minimis, Commerce will instruct CBP to liquidate appropriate entries
without regard to antidumping duties.\14\
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\14\ See 19 CFR 351.106(c)(2).
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For entries that were not reported in the U.S. sales data submitted
by HengTong, Commerce will instruct CBP to liquidate such entries at
the rate for the China-wide entity.\15\
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\15\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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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.\16\ 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).
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\16\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 884 (January
15, 2021).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise 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 HengTong, the cash deposit rate will
be equal to the weighted-average dumping margin established in the
final results of this review (except, if the rate is de minimis, then
cash deposit rate will be zero); (2) for previously examined China and
non-China exporters not listed above that at the time of entry are
eligible for a separate rate based on a prior completed segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific cash deposit rate; (3) for all China exporters of
subject merchandise that have not been found to be entitled to a
separate rate at the time of entry, the cash deposit rate will be that
for the China-wide entity (i.e., 235.93 percent); and (4) for all non-
China exporters of subject merchandise which at the time of entry are
not eligible for a separate rate, the cash deposit rate will be the
rate applicable to the China exporter that supplied that non-China
exporter. These 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)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the POR. 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.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213 and 351.221(b)(4).
Dated: July 30, 2021.
Christian Marsh,
Acting 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. Discussion of the Methodology
V. Assessment for HengTong's U.S. Sales and Entries of Subject
Merchandise
VI. Recommendation
[FR Doc. 2021-16913 Filed 8-6-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 9, 2021.
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