Notice2022-12496
Forged Steel Fittings From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2019
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
June 10, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) continues to determine that Both-Well (Taizhou) Steel Fittings Co., Ltd. (Both- Well), a producer and/or exporter of forged steel fittings from the People's Republic of China (China), received countervailable subsidies during the period of review (POR) January 1, 2019, through December 31, 2019.
Full Text
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<title>Federal Register, Volume 87 Issue 112 (Friday, June 10, 2022)</title>
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[Federal Register Volume 87, Number 112 (Friday, June 10, 2022)]
[Notices]
[Pages 35498-35499]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12496]
[[Page 35498]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-068]
Forged Steel Fittings From the People's Republic of China: Final
Results of Countervailing Duty Administrative Review; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) continues to
determine that Both-Well (Taizhou) Steel Fittings Co., Ltd. (Both-
Well), a producer and/or exporter of forged steel fittings from the
People's Republic of China (China), received countervailable subsidies
during the period of review (POR) January 1, 2019, through December 31,
2019.
DATES: Applicable June 10, 2022.
FOR FURTHER INFORMATION CONTACT: Zachariah Hall or William Horn, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-6261 or (202)
482-4868, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review in the Federal Register on December 7, 2021,\1\ and invited
interested parties to comment. On March 24, 2022, we received a case
brief from the Bonney Forge Corporation and the United Steelworkers
(collectively, the petitioners). On March 28, 2022, we received a
rebuttal brief from Both-Well. For a complete description of the events
that occurred since 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 Countervailing Duty Administrative
Review; 2019, 86 FR 69224 (December 7, 2021) (Preliminary Results),
and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2019 Countervailing Duty Administrative Review
of Forged Steel Fittings from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Scope of the Order <SUP>3</SUP>
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\3\ See Forged Steel Fittings from the People's Republic of
China: Countervailing Duty Order, 83 FR 60396 (November 26, 2018)
(Order).
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The product covered by the Order is forged steel fittings from the
People's Republic of China (China). For a complete description of the
scope of the Order, see the Issues and Decision Memorandum.
Verification
Commerce was unable to conduct on-site verification of the
information relied upon for the final results of this review. However,
we took additional steps in lieu of an on-site verification to verify
certain information, in accordance with section 782(i) of the Tariff
Act of 1930, as amended (the Act).\4\
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\4\ See, e.g., Commerce's Letter, ``Forged Steel Fittings from
the People's Republic of China: Export Buyer's Credit Verification
Questionnaire,'' dated February 24, 2022.
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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
attached as the appendix 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our analysis of the case and rebuttal briefs and the
evidence on the record, we made certain changes from the Preliminary
Results. For a discussion of these changes, see the Issues and Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Act. For each of the subsidy programs found to be
countervailable, we find that there is a subsidy, i.e., a government-
provided financial contribution that gives rise to a benefit to the
recipient, and that the subsidy is specific.\5\ The Issues and Decision
Memorandum contains a full description of the methodology underlying
Commerce's conclusions, including any determination that relied upon
the use of adverse facts available pursuant to sections 776(a) and (b)
of the Act.
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\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Final Results of Administrative Review
In accordance with 19 CFR 351.221(b)(5), we calculated a final
countervailable subsidy rate for the mandatory respondent, Both-Well.
We find the countervailable subsidy rate for this producer/exporter
under review to be as follows:
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Subsidy
Producer/exporter rate
(percent)
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Both-Well (Taizhou) Steel Fittings Co., Ltd................ 13.48
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Disclosure
We intend to disclose the calculations performed to interested
parties in this proceeding under an Administrative Protective Order
(APO) within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, countervailing duties
on all appropriate entries of subject merchandise in accordance with
the final results of this review, for the above-listed company at the
applicable ad valorem assessment rate listed. We intend 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, in accordance with 19 CFR 356.8(a). 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).
Cash Deposit Instructions
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amount shown for Both-Well on 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. For all non-reviewed firms, we will
instruct CBP to continue to collect cash deposits of estimated
countervailing duties at the most recent company-specific or all-others
rate applicable to the company, as appropriate. These cash deposit
requirements, effective upon publication of these final results, shall
remain in effect until further notice.
[[Page 35499]]
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the destruction of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3). 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 sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(5).
Dated: June 3, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Subsidies Valuation Information
VI. Use of Facts Otherwise Available
VII. Analysis of Programs
VIII. Discussion of Issues
Comment 1: Whether Commerce Should Adjust Its Calculations for
The Provision of Steel Bar for Less Than Adequate Remuneration
(LTAR)
Comment 2: Whether to Apply Adverse Facts Available (AFA) to the
Usage of the Export Buyer's Credit (EBC) Program
IX. Recommendation
[FR Doc. 2022-12496 Filed 6-9-22; 8:45 am]
BILLING CODE 3510-DS-P
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