Notice2022-26557
Forged Steel Fittings From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments; 2020-2021
Primary source
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Published
December 7, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Both-Well (Taizhou) Steel Fittings Co., Ltd. (Both- Well), the sole mandatory respondent in this review and an exporter of forged steel fittings from the People's Republic of China (China), as well as four additional exporters of forged steel fittings from China, sold subject merchandise in the United States at prices below normal value (NV) during the period of review (POR) November 1, 2020, through October 31, 2021. Further, Commerce preliminarily determines that Jiangsu Forged Pipe Fittings Co., Ltd. (Jiangsu) had no shipments of subject merchandise during the POR, and 20 companies for which this review was initiated are not eligible for a separate rate and are thus part of the China-wide entity. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 234 (Wednesday, December 7, 2022)</title>
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[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Notices]
[Pages 75034-75037]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26557]
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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,
Preliminary Determination of No Shipments; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Both-Well (Taizhou) Steel Fittings Co., Ltd. (Both-
Well), the sole mandatory respondent in this review and an exporter of
forged steel fittings from the People's Republic of China (China), as
well as four additional exporters of forged steel fittings from China,
sold subject merchandise in the United States at prices below normal
value (NV) during the period of review (POR) November 1, 2020, through
October 31, 2021. Further, Commerce preliminarily determines that
Jiangsu Forged Pipe Fittings Co., Ltd. (Jiangsu) had no shipments of
subject merchandise during the POR, and 20 companies for which this
review was initiated are not eligible for a separate rate and are thus
part of the China-wide entity. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable December 7, 2022.
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
December 28, 2021, Commerce published the notice of initiation of this
administrative review, covering 26 companies.\1\ On February 13, 2020,
Commerce selected as the sole mandatory respondent, Both-Well (Taizhou)
Steel Fittings Co., Ltd. (Both-Well), the company accounting for the
largest volume of U.S. entries of subject merchandise into the United
States as reported by U.S. Customs and Border Protection (CBP).\2\ On
February 18, 2022, Commerce issued the non-market economy (NME)
antidumping duty questionnaire to Both-Well.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 73734 (December 28, 2021) (Initiation
Notice).
\2\ See Memorandum, ``Respondent Selection,'' dated February 17,
2022.
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On July 5, 2022, 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 Third Antidumping Duty Administrative Review,'' dated July 5,
2022.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Forged Steel
Fittings from the People's Republic of China; 2020-2021,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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[[Page 75035]]
Scope of the Order \5\
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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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The merchandise covered by the Order 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.
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
Appendix I 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 can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Continuation of Administrative Review for Various Companies
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
publication of the notice of initiation of the requested review. On
March 28, 2022, Jiangsu, Lianfa Stainless Steel Pipes & Valves
(Qingyun) Co., Ltd. (Lianfa); Xin Yi International Trade Co., Limited
(Xin Yi); and Yingkou Guangming Pipeline Industry Co., Ltd. (Yingkou
Guangming) timely withdrew their requests for review.\6\ However,
because there is still an active review request for these four
companies,\7\ we are not rescinding this review with respect to these
four companies, pursuant to 19 CFR 351.213(d)(1).
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\6\ See Jiangsu, Lianfa, Xin Yi, and Yingkou Guangming's Letter,
``Withdrawal of Requests for Administrative Review,'' dated March
28, 2022.
\7\ See Petitioner's Letter, ``Request for Administrative
Review,'' dated November 30, 2021.
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Preliminary Determination of No Shipments
Jiangsu reported that it made no shipments of subject merchandise
to the United States during the POR.\8\ To confirm this no-shipment
claim, Commerce issued a no-shipment inquiry to CBP requesting that it
review Jiangsu's no-shipment claim.\9\ CBP reported that it did not
have information to contradict Jiangsu's no-shipment claim.\10\ Because
Jiangsu certified that it made no shipments of subject merchandise, and
there is no information which contradicts its claim, Commerce
preliminarily determines that Jiangsu did not have shipments of subject
merchandise to the United States during the POR. Consistent with
Commerce's practice, Commerce will not rescind the review with respect
to this company, but, instead, will complete the review and issue
assessment instructions to CBP based on the final results.\11\
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\8\ See Jiangsu's Letter, ``No Sales Certification,'' dated
January 24, 2022.
\9\ See Message Number 2181402, ``No Shipments Inquiry for
Forged Steel Fittings from the People's Republic of China Exported
by Jiangsu Forged Pipe Fittings Co., Ltd. (A-570-067),'' dated June
30, 2022.
\10\ See Memorandum, ``No Shipment Inquiry for Jiangsu Forged
Pipe Fittings Co., Ltd. during the Period 11/01/2020 through 10/31/
2021,'' dated July 25, 2022.
\11\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR at
51306 (August 28, 2014).
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Separate Rates
Commerce preliminarily finds that 20 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 determine
these 20 companies are part of the China-wide entity.
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\12\ See Appendix II of this notice which identifies these 20
companies.
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Additionally, Commerce preliminarily finds that the information
placed on the record by four companies in addition to Both-Well
demonstrates that these companies are eligible for a separate rate.
These four companies are: Lianfa; Qingdao Bestflow Industrial Co.,
Ltd.; Xin Yi; and Yingkou Guangming. For additional information, see
the Preliminary Decision Memorandum.
Weighted-Average Dumping Margin for Non-Examined Companies Granted a
Separate Rate
In these preliminary results, the sole mandatory respondent (i.e.,
Both-Well) has received a weighted-average dumping margin that is not
zero, de minimis, or based entirely on facts available. Therefore, in
accordance with section 735(c)(5)(A) of the Act, we find it appropriate
to assign the calculated weighted-average dumping margin for Both-Well
(i.e., 29.31 percent) as the weighted-average dumping margin for the
non-examined, separate rate respondents. For additional information,
see the Preliminary Decision Memorandum.
The China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\13\ Under this policy,
the China-wide entity will not be under review unless a party
specifically requests and Commerce initiates, or Commerce self-
initiates, a review of the China-wide entity.\14\ Because no party
requested a review of the China-wide entity and no review was initiated
for this POR, 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.\15\
For additional information, see the Preliminary Decision Memorandum.
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\13\ 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).
\14\ Id.
\15\ See Order, 83 FR 60397.
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Preliminary Results of Review
Commerce preliminarily 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................. 29.31
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Review-Specific Rate Applicable to the Following Companies
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Lianfa Stainless Steel Pipes & Valves (Qingyun) Co., Ltd.... 29.31
Qingdao Bestflow Industrial Co., Ltd........................ 29.31
Xin Yi International Trade Co., Limited..................... 29.31
Yingkou Guangming Pipeline Industry Co., Ltd................ 29.31
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[[Page 75036]]
Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results to the parties under administrative protective
order 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.\16\ 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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\16\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26,
2020) (``To provide adequate time for release of case briefs via
ACCESS, E&C intends to schedule the due date for all rebuttal briefs
to be 7 days after case briefs are filed (while these modifications
are in effect).'').
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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; (3)
whether any participant is a foreign national; and (4) 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.\17\ If a
request for a hearing is made, Commerce will announce the date and time
of the hearing.
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\17\ 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,\18\ and
must also be served on interested parties.\19\ 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.\20\
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\18\ See 19 CFR 351.303.
\19\ See 19 CFR 351.303(f).
\20\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 41363 (July 10, 2020).
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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.\21\ 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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\21\ 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 company-specific
weighted-average dumping margin is not zero or de minimis (i.e., less
than 0.50 percent), and, for Both-Well, when the importer-specific
assessment rate calculated in the final results of this review is not
zero or de minimis. Where either a company's weighted-average dumping
margin is zero or de minimis, or an importer-specific assessment rate
is zero or de minimis,\22\ 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 antidumping duties at the time of liquidation, in
accordance with 19 CFR 351.212(b)(1).\23\ 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 by Both-Well.\24\
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\22\ See 19 CFR 351.106(c)(2).
\23\ 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).
\24\ See 19 CFR 351.212(b)(1).
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For the respondents that were not selected for individual
examination in this administrative review but qualified for a separate
rate, the assessment rate will be equal to the weighted-average dumping
margin determined in the final results of this review.
For the final results, if we continue to find that the 20
companies, identified in Appendix II, are ineligible for a separate
rate and are, therefore, considered part of the China-wide entity, we
will instruct CBP to apply an antidumping duty assessment rate of
142.72 percent (i.e., the rate for the China-wide entity) to all
entries of subject merchandise during the POR which were exported by
those companies.
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 antidumping duty assessment rate for the
China-wide entity.\25\ Additionally, if Commerce determines in the
final results that Jiangsu had no shipments of the subject merchandise,
any suspended entries that entered under Jiangsu's case number (i.e.,
at Jiangsu's cash deposit rate) will be liquidated at the antidumping
duty assessment rate for the China-wide entity.
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\25\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 at 65694-65695, for a full
discussion of this practice.
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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 companies listed
above that have a separate rate, 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.
[[Page 75037]]
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 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, and/or an
increase in the amount of antidumping duties by the amount of the
countervailing 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, 19 CFR
351.213, and 19 CFR 351.221(b)(4).
Dated: November 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
Appendix II--Companies Preliminarily Not Eligible for a Separate Rate
and Treated as Part of the China-Wide Entity
1. Cixi Baicheng Hardware Tools, Ltd.
2. Dalian Guangming Pipe Fittings Co., Ltd.
3. Eaton Hydraulics (Luzhou) Co., Ltd.
4. Eaton Hydraulics (Ningbo) Co., Ltd.
5. Jiangsu Haida Pipe Fittings Group Co.
6. Jinan Mech Piping Technology Co., Ltd.
7. Jining Dingguan Precision Parts Manufacturing Co., Ltd.
8. Luzhou City Chengrun Mechanics Co., Ltd.
9. Ningbo HongTe Industrial Co., Ltd.
10. Ningbo Long Teng Metal Manufacturing Co., Ltd.
11. Ningbo Save Technology Co., Ltd.
12. Ningbo Zhongan Forging Co., Ltd.
13. Q.C. Witness International Co., Ltd.
14. Shanghai Lon Au Stainless Steel Materials Co., Ltd.
15. Witness International Co., Ltd.
16. Yancheng Boyue Tube Co., Ltd.
17. Yancheng Haohui Pipe Fittings Co., Ltd.
18. Yancheng Jiuwei Pipe Fittings Co., Ltd.
19. Yancheng Manda Pipe Industry Co., Ltd.
20. Yuyao Wanlei Pipe Fitting Manufacturing Co., Ltd.
[FR Doc. 2022-26557 Filed 12-6-22; 8:45 am]
BILLING CODE 3510-DS-P
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