Notice2021-26463
Forged Steel Fittings From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission; 2019-2020
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
December 7, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that Both-Well (Taizhou) Steel Fittings Co., Ltd. (Both-Well), the sole respondent participating in this review, and an exporter of forged steel fittings from the People's Republic of China (China), sold subject merchandise in the United States at prices below normal value (NV) during the period of review (POR) November 1, 2019, through October 31, 2020. We are also preliminarily rescinding this review with respect to Shanghai Maorun International Co., Ltd. (Shanghai Maorun). Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 232 (Tuesday, December 7, 2021)</title>
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[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Notices]
[Pages 69222-69224]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26463]
[[Page 69222]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-067]
Forged Steel Fittings From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review and
Partial Rescission; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Both-Well (Taizhou) Steel Fittings Co., Ltd. (Both-Well), the sole
respondent participating in this review, and an exporter of forged
steel fittings from the People's Republic of China (China), sold
subject merchandise in the United States at prices below normal value
(NV) during the period of review (POR) November 1, 2019, through
October 31, 2020. We are also preliminarily rescinding this review with
respect to Shanghai Maorun International Co., Ltd. (Shanghai Maorun).
Interested parties are invited to comment on these preliminary results.
DATES: Applicable December 7, 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
This administrative review is being conducted in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act). On
January 6, 2021, Commerce published the notice of initiation of this
administrative review, covering Both-Well and Shanghai Maorun.\1\ On
January 27, 2021, Commerce issued the non-market economy (NME)
antidumping duty (AD) questionnaire to Both-Well and Shanghai Maorun.
On February 1, 2021, Shanghai Maorun withdrew its request for
review.\2\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 515 (January 6, 2021) (Initiation
Notice).
\2\ See Shanghai Maorun's Letter, ``Withdrawal of Request of
Review,'' dated February 1, 2021 (Maorun's Withdrawal of Request for
Review).
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On June 28, 2021, Commerce extended the preliminary results
deadline by 120 days.\3\ For a complete description of the events that
followed the initiation of this administrative review, see the
Preliminary Decision Memorandum.\4\
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\3\ See Memorandum, ``Forged Steel Fittings from the People's
Republic of China: Extension of Deadline for Preliminary Results of
the Second Antidumping Duty Administrative Review,'' dated June 28,
2021.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review and Partial
Rescission: Forged Steel Fittings from the People's Republic of
China; 2019-2020,'' dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order \5\ is carbon and alloy forged
steel fittings, whether unfinished (commonly known as blanks or rough
forgings) or finished. For a complete description of the scope of the
Order, see the Preliminary Decision Memorandum.
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\5\ See Forged Steel Fittings from Italy and the People's
Republic of China: Antidumping Duty Orders, 83 FR 60397 (November
26, 2018) (Order).
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Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of the date
of publication of the notice of initiation of the requested review. On
February 1, 2021, Shanghai Maorun timely withdrew its request for
review. Because there was a timely withdrawal of request for review for
Shanghai Maorun and because there are no other active requests for
review for Shanghai Maorun, we are rescinding this review with respect
to Shanghai Maorun, pursuant to 19 CFR 351.213(d)(1).
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act and 19 CFR 351.213. We calculated export prices
in accordance with section 772 of the Act. Because China is an NME
country within the meaning of section 771(18) of the Act, NV has been
calculated in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of the
topics included in the Preliminary Decision Memorandum is included in
the appendix to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public 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 is available at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Separate Rates
In all proceedings involving an NME country, Commerce maintains a
rebuttable presumption that all companies are subject to government
control and, thus, should be assessed a single weighted-average dumping
margin unless the company can affirmatively demonstrate an absence of
government control, both in law (de jure) and in fact (de facto), with
respect to its export activities so that it is entitled to separate
rate status.\6\ Commerce has preliminary determined that information
placed on the record by Both-Well demonstrates that Both-Well is
eligible for separate rate status.
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\6\ See Notice of Final Determination of Sales at Less Than Fair
Value, and Affirmative Critical Circumstances, In Part: Certain
Lined Paper Products from the People's Republic of China, 71 FR
53079, 53082 (September 8, 2006); see also Final Determination of
Sales at Less Than Fair Value and Final Partial Affirmative
Determination of Critical Circumstances: Diamond Sawblades and Parts
Thereof from the People's Republic of China, 71 FR 29303, 29307 (May
22, 2006).
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As noted above, we are rescinding this review with respect to
Shanghai Maorun. For the reasons stated below, as Shanghai Maorun is
currently a part of the China-wide entity, we will continue to treat
Shanghai Maorun as part of the China-wide entity. See Assessment Rates.
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\7\ 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.\8\ 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.\9\ For additional information, see the Preliminary Decision
Memorandum.
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\7\ 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).
\8\ Id.
\9\ See Order, 83 FR at 60397.
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Preliminary Results of the Review
Commerce preliminarily determines that the following weighted-
average dumping margin exist for the POR:
[[Page 69223]]
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Weighted-
average
Exporter dumping
margin
(percent)
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Both-Well (Taizhou) Steel Fittings Co., Ltd................ 0.51
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c)(ii), interested parties may each
submit a case brief 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 no later than seven days after the case briefs are
filed.\10\ Parties who submit a case brief or a rebuttal brief 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.
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\10\ See 19 CFR 351.309(d).
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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 within 30 days of 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 issues parties intend to discuss. Issues raised in the
hearing will be limited to those raised in the respective case and
rebuttal briefs.\11\ If a request for a hearing is made, Commerce will
announce the date and time of the hearing.
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\11\ See 19 CFR 351.310(c).
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All submissions to Commerce must be filed electronically using
Enforcement and Compliance's electronic records system, ACCESS,\12\ and
must also be served on interested parties.\13\ An electronically filed
document must be received successfully in its entirety by ACCESS, by 5
p.m. Eastern Time (ET) on the date that the document is due. Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\14\
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\12\ See 19 CFR 351.303.
\13\ See 19 CFR 351.303(f).
\14\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 41363 (July 10, 2020).
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of issues raised in any briefs, within 120 days of
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by this review.
Upon issuance of the final results, Commerce will determine, and CBP
shall assess, antidumping duties on all appropriate entries covered by
this review.\15\ 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. 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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\15\ See 19 CFR 351.212(b)(1).
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We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review, when the importer-specific
assessment rate calculated in the final results of this review for
Both-Well, are not zero or de minimis (i.e., less than 0.50 percent).
Where Both-Well's importer-specific assessment rate is zero or de
minimis,\16\ we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties. If Both-Well's weighted-average
dumping margin is not zero or de minimis in the final results of this
review, Commerce will instruct CBP to collect the appropriate duties at
the time of liquidation, in accordance with 19 CFR 351.212(b)(1).\17\
We intend to calculate importer-specific ad valorem assessment rates by
dividing the total amount of dumping calculated for all reviewed U.S.
sales to the importer by the total entered value of the merchandise
sold to the importer for Both-Well.\18\
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\16\ See 19 CFR 351.106(c)(2).
\17\ 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).
\18\ See 19 CFR 351.212(b)(1).
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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 pursuant
to the NME reseller policy.\19\
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\19\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (December 23, 2010) at 65694-
65695, for a full discussion of this practice.
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For Shanghai Maorun, antidumping duties shall be assessed at rates
equal to the cash deposit of estimated antidumping duties required at
the time of entry, or withdrawal from warehouse, for consumption, in
accordance with 19 CFR 351.212(c)(1)(i). For Shanghai Maorun, Commerce
intends to issue appropriate assessment instructions to CBP no earlier
than 35 days after the date of publication of this notice.
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 Both-Well, 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 the cash deposit rate will be zero); (2) for
previously examined Chinese and non-Chinese exporters 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.
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 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 double
antidumping duties.
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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, 19 CFR
351.213, and 19 CFR 351.221(b)(4).
Dated: November 30, 2021.
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. Partial Rescission of Administrative Review
V. Discussion of the Methodology
VI. Date of Sale
VII. Comparisons to Normal Value
VIII. U.S. Price
IX. Normal Value
X. Currency Conversion
XI. Adjustment Under Section 777A(f) of the Act
XII. Recommendation
[FR Doc. 2021-26463 Filed 12-6-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 7, 2021.
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