Notice2022-24167
Stainless Steel Butt-Weld Pipe Fittings From the Philippines: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021-2022
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
November 7, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that there were no shipments of merchandise subject to the antidumping duty (AD) order on stainless steel butt-weld pipe fittings (SSBWF) from the Philippines during the period of review (POR) February 1, 2021, through January 31, 2022, from any of the companies under review. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 214 (Monday, November 7, 2022)</title>
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[Federal Register Volume 87, Number 214 (Monday, November 7, 2022)]
[Notices]
[Pages 67014-67016]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24167]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-565-801]
Stainless Steel Butt-Weld Pipe Fittings From the Philippines:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that there were no shipments of merchandise subject to the
antidumping duty (AD) order on stainless steel butt-weld pipe fittings
(SSBWF) from the Philippines during the period of review (POR) February
1, 2021, through January 31, 2022, from any of the companies under
review. We invite interested parties to comment on these preliminary
results.
DATES: Applicable November 7, 2022.
FOR FURTHER INFORMATION CONTACT: Mark Flessner, 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) 482-6312.
SUPPLEMENTARY INFORMATION:
Background
On February 23, 2001, Commerce published the AD order on SSBWF from
the Philippines in the Federal Register.\1\ On February 8, 2022, we
published a notice of opportunity to request an administrative review
of the Order for the POR February 1, 2021, through January 31, 2022.\2\
On February 28, 2022, Core Pipe Products, Inc. and Taylor Forge
Stainless Inc. (collectively, the petitioners) timely requested an
administrative review of the Order with respect to: E N Corporation (E
N Corp.); Enlin Steel Corporation (Enlin); and Vinox Corporation (a/k/a
Vinoc Corporation) (collectively, Vinox).\3\ On April 12, 2022,
Commerce initiated an administrative review of these companies
consistent with section 751(a)(1) of the Tariff Act of 1930, as amended
(the Act).\4\
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\1\ See Antidumping Duty Orders: Stainless Steel Butt-Weld Pipe
Fittings from Italy, Malaysia, and the Philippines, 66 FR 11257
(February 23, 2001) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 7112 (February 8,
2022).
\3\ See Petitioners' Letter, ``Stainless Steel Butt-Weld Pipe
Fittings from the Philippines--Petitioners' Request for 2021/2022
Administrative Review,'' dated February 28, 2022.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 21619 (April 12, 2022).
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Commerce queried U.S. Customs and Border Protection (CBP) data to
identify suspended entries of subject merchandise entered, or withdrawn
from warehouse, for consumption during the POR from the companies under
review. On April 18, 2022, Commerce placed the results of its CBP data
query on the record.\5\ The CBP data show no suspended entries of
subject merchandise during the POR associated with the companies under
review.
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\5\ See Memorandum, ``Stainless Steel Butt-Weld Pipe Fittings
from the Philippines; 2021-2022: Placement on the Record of Results
of Inquiry to U.S. Customs and Border Protection,'' dated April 18,
2022.
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Commerce requested comments from interested parties on the CBP
data.\6\ On April 25, 2022, the petitioners commented on the CBP data,
alleging that entries during the POR could have been misreported; the
petitioners provided information which, they contend, supports their
allegation.\7\ Consequently, the petitioners requested that Commerce
address evidence of evasion of the Order.\8\
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\6\ Id.
\7\ See Petitioners' Letter, ``Stainless Steel Butt-Weld Pipe
Fittings from the Philippines; 2021-2022--Petitioners' Comments on
CBP Data,'' dated April 25, 2022, at 1-2 and Attachment.
\8\ Id. at 2-3.
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Scope of the Order
For purposes of this Order, the product covered is certain
stainless steel butt-weld pipe fittings (butt-weld fittings). Butt-weld
pipe fittings are under 14 inches in outside diameter (based on nominal
pipe size), whether finished or unfinished. The product encompasses all
grades of stainless steel and ``commodity'' and ``specialty'' fittings.
Specifically excluded from the definition are threaded, grooved, and
bolted fittings, and fittings made from any material other than
stainless steel. The butt-weld fittings subject to this order are
generally designated under specification ASTM A403/A403M, the standard
specification for Wrought Austenitic Stainless Steel Piping Fittings,
or its foreign equivalents (e.g., DIN or JIS specifications). This
specification covers two general classes of fittings, WP and CR, of
wrought austenitic stainless steel fittings of seamless and welded
construction covered by the latest revision of ANSI B16.9, ANSI B16.11,
and ANSI B16.28. Butt-weld fittings manufactured to specification ASTM
A774, or its foreign equivalents, are also covered by this Order.
This Order does not apply to cast fittings. Cast austenitic
stainless steel pipe fittings are covered by specifications A351/A351M,
A743/743M, and A744/A744M.
The butt-weld fittings subject to this Order are currently
classifiable under subheadings 7307.23.00.30 and 7307.23.00.90 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the scope of this Order is dispositive.
[[Page 67015]]
Methodology
As noted above, CBP data show that there were no suspended entries
of subject merchandise during the POR associated with the three
companies under review. Section 751(a)(2) of the Act instructs Commerce
that, when conducting an administrative review, it is to determine the
dumping margin for entries during the relevant period and establish a
revised cash deposit rate for estimated ADs for future entries of
subject merchandise. Given that the record evidence shows that there
are no suspended entries of subject merchandise during the POR from the
three companies under review, we have not calculated or otherwise
determined a weighted-average dumping margin or revised the cash
deposit rate for these three companies for which this administrative
review was initiated.
Allegation of Misreported Entries
Commerce is committed to preventing the evasion of ADs and takes
allegations, such as the one made by the petitioners, seriously. The
issue raised by the petitioners falls within the jurisdiction of CBP
and is best addressed by CBP.\9\ Consequently, Commerce referred this
allegation of potential misclassification and/or fraud, and the
evidence that the petitioners provided in support of their claim, by
sending an Evasion Allegation Letter to CBP for investigation.\10\
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\9\ See Globe Metallurgical Inc., v. United States, 722 F. Supp.
2d 1372, 1381 (CIT 2010); see also Light-Walled Rectangular Pipe and
Tube from Turkey: Preliminary Results of Antidumping Duty
Administrative Review; 2019-2020, 86 FR 18035, 18036 (April 7,
2021), unchanged in Light-Walled Rectangular Pipe and Tube from
Turkey: Final Results of Antidumping Duty Administrative Review;
2019-2020, 86 FR 41440 (August 2, 2021).
\10\ See Commerce's Letter, ``Stainless Steel Butt-Weld Pipe
Fittings from the Philippines, 2021-2022 Administrative Review,''
dated September 2, 2022 (Evasion Allegation Letter).
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Preliminary Determination of No Shipments
Based on the foregoing, Commerce preliminarily determines that the
following companies did not have any reviewable entries during the POR:
E N Corp.; Enlin; and Vinox. Consistent with Commerce's practice, we
are not rescinding the review with respect to E N Corp., Enlin, and
Vinox, but, rather, will complete the review with respect to E N Corp.,
Enlin, and Vinox, and issue appropriate instructions to CBP based on
the final results of this review.
Preliminary Results of Review
Commerce has not calculated weighted-average dumping margins for E
N Corp., Enlin, and Vinox because there are no suspended entries of
subject merchandise during the POR for these three companies on which
to perform such a calculation.
Disclosure and Public Comment
Because Commerce has not calculated weighted-average dumping
margins for these preliminary results, there are no calculations to
disclose to interested parties.
Interested parties are invited to comment on these preliminary
results of the review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested
parties may submit case briefs no later than 30 days after the date of
publication of this notice in the Federal Register. Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
seven days after the deadline for filing case briefs.\11\ Parties who
submit case briefs or rebuttal briefs in this proceeding are encouraged
to submit with each brief: (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\12\ Executive
summaries should be limited to five pages total, including
footnotes.\13\ Case and rebuttal briefs should be filed using
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS).\14\ Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information, until further
notice.\15\
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\11\ See 19 CFR 351.309(d).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ Id.
\14\ See 19 CFR 351.303.
\15\ 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), any interested party may request a
hearing within 30 days of the date of publication of this notice in the
Federal Register. Interested parties who wish to request a hearing must
submit a written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS, by the deadline noted
above. If a hearing is requested, Commerce will notify interested
parties of the hearing date and time. Requests for a hearing should
contain: (1) the requesting party's name, address, and telephone
number; (2) the number of individuals from the requesting party's firm
that will attend the hearing; and (3) a list of issues the party
intends to discuss at the hearing. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs.
Unless we extend the deadline for the final results of this review,
we intend to issue the final results of this administrative review,
including the results of our analysis of issues raised by the parties
in their briefs, within 120 days of the date of publication of this
notice in the Federal Register.\16\
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\16\ See section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h)(1).
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Assessment
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, ADs on all appropriate entries in accordance with 19
CFR 351.212(b)(1). For any entries found to be associated with the
three companies under review, we will instruct CBP to liquidate such
entries at the all-others rate if there is no rate for the intermediate
company (or companies) involved in the transaction, consistent with
Commerce's reseller policy.\17\
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\17\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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. 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 Requirements
The following cash deposit requirements will be effective for all
entries of SSBWF from the Philippines entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
notice of the final results of this administrative review, as provided
for by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for
the three companies under review will continue to be equal to the
company-specific weighted-average dumping margin established for each
company in the most recently completed segment of this proceeding
(except, if the rate is de minimis, i.e., less than 0.5 percent, then
the cash deposit will be zero percent) or, if a company-specific
weighted-average dumping margin has not been established for the
company, the cash deposit rate will continue to be equal to the all-
others rate; (2) for merchandise exported by a company not covered in
this review but covered in a prior completed segment of the proceeding,
the cash deposit rate will continue to be the company-specific rate
published for that company in the most recently completed segment of
this proceeding in which the company was included; (3) if
[[Page 67016]]
the exporter of the subject merchandise does not have its own rate but
the producer has its own rate, the cash deposit rate will be the rate
established in the most recently completed segment of the proceeding
for the producer of the subject merchandise; and (4) the cash deposit
rate for all other producers or exporters will continue to be 33.81
percent, the all-others rate established in the less-than-fair-value
investigation.\18\
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\18\ See Notice of Final Determination of Sales at Less Than
Fair Value: Stainless Steel Butt-Weld Pipe Fittings from the
Philippines, 65 FR 81823 (December 27, 2000).
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice 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 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.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h)(1).
Dated: October 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-24167 Filed 11-4-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 7, 2022.
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