Notice2021-21045
Forged Steel Fittings From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019
Primary source
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Published
September 28, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that Both- Well (Taizhou) Steel Fittings Co., Ltd. (Both-Well), an exporter of forged steel fittings from the People's Republic of China (China), did not sell subject merchandise in the United States at prices below normal value (NV) during the period of review (POR) May 17, 2018, through October 31, 2019. We also find that 15 companies, including Ningbo Zhongan Forging Co., Ltd. (Ningbo Zhongan), are not eligible for a separate rate and, therefore, are part of the China-wide entity. Further, we have found that four companies had no shipments of subject merchandise during the POR.
Full Text
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<title>Federal Register, Volume 86 Issue 185 (Tuesday, September 28, 2021)</title>
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[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Notices]
[Pages 53629-53631]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21045]
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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; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Both-
Well (Taizhou) Steel Fittings Co., Ltd. (Both-Well), an exporter of
forged steel fittings from the People's Republic of China (China), did
not sell subject merchandise in the United States at prices below
normal value (NV) during the period of review (POR) May 17, 2018,
through October 31, 2019. We also find that 15 companies, including
Ningbo Zhongan Forging Co., Ltd. (Ningbo Zhongan), are not eligible for
a separate rate and, therefore, are part of the China-wide entity.
Further, we have found that four companies had no shipments of subject
merchandise during the POR.
DATES: Applicable September 28, 2021.
FOR FURTHER INFORMATION CONTACT: Jinny Ahn, AD/CVD Operations, Office
VIII, Enforcement and Compliance, International Trade Administration,
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-0339.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results \1\ on March 26, 2021.
For events subsequent to the Preliminary Results, see the Issues and
Decision Memorandum.\2\
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\1\ See Forged Steel Fittings from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2018-2019, 86 FR
16186 (March 26, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Decision Memorandum for the Final Results
of Antidumping Duty Administrative Review and Final Determination of
No Shipments: Forged Steel Fittings from the People's Republic of
China; 2018-2019,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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On July 1, 2021, Commerce extended the deadline of the final
results of this administrative review by 60 days, until September 22,
2021.\3\
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\3\ See Memorandum, ``Forged Steel Fittings from the People's
Republic of China (China): Extension of Deadline for Final Results
of First Antidumping Duty Administrative Review,'' dated July 1,
2021.
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Scope of the Order <SUP>4</SUP>
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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).
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The merchandise covered by the Order is forged steel fittings from
China. For a complete description of the scope of the Order, see the
Issues and Decision Memorandum.
Analysis of Comments Received
In the Issues and Decision Memorandum, we addressed all issues
raised in the interested parties' case and rebuttal briefs. In Appendix
I to this notice, we provided a list of the issues raised by the
parties. 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum is
available to parties at <a href="http://enforcement.trade.gov/frn/index.html">http://enforcement.trade.gov/frn/index.html</a>.
[[Page 53630]]
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
revisions to the margin calculations for Both-Well.\5\ However, these
revisions did not change the weighted-average dumping margin for Both-
Well \6\ and, consequently, did not change the rate assigned to the
non-individually examined, separate rate respondents. See ``Dumping
Margin for Non-Individually Examined Companies Granted a Separate
Rate'' below.
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\5\ See Memorandum, ``Antidumping Duty Administrative Review of
Forged Steel Fittings from the People's Republic of China: Final
Results Calculation Memorandum for Both-Well,'' dated concurrently
with this notice.
\6\ Id.
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Final Determination of No Shipments
In the Preliminary Results, we preliminarily determined that Dalian
Guangming Pipe Fittings Co., Ltd.; Jiangsu Forged Pipe Fittings Co.,
Ltd.; Lianfa Stainless Steel Pipes & Valves (Qingyun) Co., Ltd.; and
Qingdao Bestflow Industrial Co., Ltd. had no shipments of subject
merchandise during the POR.\7\ We received no arguments identifying
information that contradicts this determination. Therefore, we continue
to find that these companies had no shipments of subject merchandise to
the United States during the POR and will issue appropriate liquidation
instructions that are consistent with our ``automatic assessment''
clarification for these final results.\8\
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\7\ See Preliminary Results, 86 FR at 16187.
\8\ 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 Respondents
In the Preliminary Results, Commerce determined that Both-Well and
six other companies demonstrated their eligibility for a separate
rate.\9\ We received no comments or arguments since the issuance of the
Preliminary Results that provide a basis for reconsideration of these
separate rate determinations. Therefore, for these final results, we
continue to find that the six companies listed in the table under
``Review-Specific Rate Applicable to the Following Non-Selected
Companies'' in the ``Final Results of the Review'' section of this
notice are eligible for a separate rate.
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\9\ See Preliminary Results, 86 FR at 16187.
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Dumping Margin for Non-Individually Examined Companies Granted a
Separate Rate
In the Preliminary Results,\10\ because the only participating
mandatory respondent (i.e., Both-Well) eligible for a separate rate
received a weighted-average dumping margin of zero percent, we looked
for guidance to section 735(c)(5)(B) of the Act, which instructs
Commerce to use any ``reasonable method'' to determine the rate for
exporters that are not being individually examined and found to be
entitled to a separate rate. Accordingly, in the Preliminary Results,
we assigned the calculated weighted-average dumping margin of the sole
participating mandatory respondent, Both-Well (i.e., zero percent), as
the weighted-average dumping margin for the non-individually examined,
separate rate respondents. No parties commented on the methodology for
calculating this separate rate. For the final results, as the revisions
we made to the margin calculations for Both-Well did not change the
weighted-average dumping margin for Both-Well (i.e., zero percent), we
continue to find it appropriate to assign the calculated weighted-
average dumping margin of the sole participating mandatory respondent,
Both-Well (i.e., zero percent), as the weighted-average dumping margin
for the non-individually examined, separate rate respondents.
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\10\ See Preliminary Results PDM at 8.
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The China-Wide Entity
In the Preliminary Results, Commerce preliminarily determined that
Ningbo Zhongan, a company selected for individual examination, had not
established its eligibility for a separate rate.\11\ Moreover, Commerce
preliminarily determined that 14 other companies for which a review was
initiated did not establish their eligibility for a separate rate
because they failed to provide a separate rate application, a separate
rate certification, or a no-shipment certification if they were already
eligible for a separate rate.\12\ As such, we preliminarily determined
that Ningbo Zhongan and these additional 14 companies are part of the
China-wide entity.\13\ We received no comments or 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 fifteen companies identified at
Appendix II to this notice are a part of the China-wide entity.
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\11\ Id. at 4-5.
\12\ See Appendix II of this notice which identifies these 14
companies along with Ningbo Zhongan.
\13\ See Preliminary Results PDM at 4-5.
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Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\14\ 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
China-wide entity.\15\ Because no party requested a review of the
China-wide entity in this review, the China-wide entity is not under
review and the China-wide entity's rate (i.e., 142.72 percent) is not
subject to change as a result of this review.\16\
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\14\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\15\ Id.
\16\ See Order, 83 FR at 60397.
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Final Results of the Review
For the companies subject to this review, which established their
eligibility for a separate rate, Commerce determines that the following
weighted-average dumping margins exist for the POR:
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Weighted-
average
Exporter dumping
margin
(percent)
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Both-Well (Taizhou) Steel Fittings Co., Ltd................. 0.00
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Review-Specific Rate Applicable to the Following Companies
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Ningbo Long Teng Metal Manufacturing Co., Ltd............... 0.00
Ningbo Save Technology Co., Ltd............................. 0.00
Q.C. Witness International Co., Ltd......................... 0.00
Yingkou Guangming Pipeline Industry Co., Ltd................ 0.00
Yuyao Wanlei Pipe Fitting Manufacturing Co., Ltd............ 0.00
Xin Yi International Trade Co., Limited..................... 0.00
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (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
[[Page 53631]]
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).
Because the weighted-average dumping margin for Both-Well and the
respondents that were not selected for individual examination in this
administrative review but qualified for a separate rate is zero,
Commerce will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties.\17\ For the companies listed in Appendix
II, identified as part of the China-wide entity, we will instruct CBP
to apply an antidumping duty assessment rate of 142.72 percent (the
rate applicable to the China-wide entity) to all entries of subject
merchandise during the POR exported by those companies.
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\17\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
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For entries that were not reported in the U.S. sales data submitted
by Both-Well during this review, Commerce will instruct CBP to
liquidate such entries at the rate for the China-wide entity.\18\
Additionally, if Commerce determines that an exporter under review had
no shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
cash deposit rate) will be liquidated at the rate for the China-wide
entity (i.e., 142.72 percent).
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\18\ See Assessment Practice Refinement, 76 FR at 65694-95, for
a full discussion of this practice.
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We intend to instruct CBP to take into account the ``provisional
measures deposit cap'' in accordance with 19 CFR 351.212(d).
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 each company
listed in the final results of this review, the cash deposit rate will
be equal to the weighted-average dumping margin listed for the exporter
in the table; (2) for a previously examined Chinese and non-Chinese
exporter not listed above that received a separate rate in 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 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.
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Notification to Importers Regarding the Reimbursement of Duties
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 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 has occurred and the subsequent assessment of
double antidumping duties.
Notification Regarding Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to 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
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 19 CFR 351.221(b)(5).
Dated: September 21, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
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: Surrogate Country Selection
Comment 2: Ministerial Errors
Comment 3: Financial Ratios
VI. Recommendation
Appendix II
Companies Not Eligible for Separate Rate and Treated as Part of China-
Wide Entity
1. Cixi Baicheng Hardware Tools, Ltd.
2. Eaton Hydraulics (Luzhou) Co., Ltd.
3. Eaton Hydraulics (Ningbo) Co., Ltd.
4. Jiangsu Haida Pipe Fittings Group Co.
5. Jinan Mech Piping Technology Co., Ltd.
6. Jining Dingguan Precision Parts Manufacturing Co., Ltd.
7. Luzhou City Chengrun Mechanics Co., Ltd.
8. Ningbo HongTe Industrial Co., Ltd.
9. Ningbo Zhongan Forging Co., Ltd.
10. Shanghai Lon Au Stainless Steel Materials Co., Ltd.
11. Witness International Co., Ltd.
12. Yancheng Boyue Tube Co., Ltd.
13. Yancheng Haohui Pipe Fittings Co., Ltd.
14. Yancheng Jiuwei Pipe Fittings Co., Ltd.
15. Yancheng Manda Pipe Industry Co., Ltd.
[FR Doc. 2021-21045 Filed 9-27-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 28, 2021.
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