Notice2023-07478
Forged Steel Fittings From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 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
April 10, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to producers/exporters of forged steel fittings from the People's Republic of China (China) during the period of review (POR) January 1, 2020, through December 31, 2020.
Full Text
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<title>Federal Register, Volume 88 Issue 68 (Monday, April 10, 2023)</title>
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[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Notices]
[Pages 21182-21183]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07478]
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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; 2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies were provided to producers/exporters of
forged steel fittings from the People's Republic of China (China)
during the period of review (POR) January 1, 2020, through December 31,
2020.
DATES: Applicable April 10, 2023.
FOR FURTHER INFORMATION CONTACT: Zachariah Hall or Shane Subler, 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)
482-6241, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review in the Federal Register on December 7, 2022, and invited
interested parties to comment.\1\ 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 and Partial Rescission of Countervailing
Duty Administrative Review; 2020, 87 FR 75037 (December 7, 2022)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2020 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
China. For a complete description of the scope of the Order, see the
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised by interested parties are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is provided in 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 comments from interested parties and the
evidence on the record, we have not made any changes to the Preliminary
Results. The reasons for this conclusion are explained in the Issues
and Decision Memorandum. Accordingly, we made no changes to the
countervailable subsidy rate calculations from the Preliminary Results
for mandatory respondent Both-Well (Taizhou) Steel Fittings, Co., Ltd.
(Both-Well).\4\ We also made no changes to the final subsidy rates for
four non-selected companies under review.\5\
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\4\ See Preliminary Results, 87 FR at 75038.
\5\ Id. The four non-selected companies under review are Eaton
Hydraulics (Ningbo) Co., Ltd.; Jinan Mech Piping Technology Co.,
Ltd.; Qingdao Bestflow Industrial Co., Ltd.; and Yingkou Guangming
Pipeline Industry Co., Ltd.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found 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.\6\ 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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\6\ 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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Companies Not Selected for Individual Review
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
Generally, Commerce looks to section 705(c)(5) of the Act, which
provides instructions for determining the all-others rate in an
investigation, for guidance when calculating the rate for companies
which were not selected for individual examination in an administrative
review. Under section 705(c)(5)(A) of the Act, the all-others rate is
normally an amount equal to the weighted average of the countervailable
subsidy rates established for exporters and producers individually
investigated, excluding any zero or de minimis countervailable subsidy
rates, and any rates determined entirely on the basis of facts
available.
As stated above, there are four companies for which a review was
requested and not rescinded, and which were not selected as mandatory
respondents or found to be cross-owned with a mandatory respondent. For
these non-selected companies, because the rate calculated for the only
participating mandatory respondent in this review, Both-Well, was above
de minimis and not based entirely on facts available, we are applying
Both-Well's subsidy rate to the four non-selected companies. This
methodology used to establish the rate for the non-selected companies
is consistent with our practice regarding the calculation of the all-
others rate, pursuant to section 705(c)(5)(A)(i) of the Act.
Final Results of Administrative Review
We determine the countervailable subsidy rates for the mandatory
and non-selected respondents under review for the period of January 1,
2020, through December 31, 2020, to be as follows:
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Subsidy rate
Producer/exporter (percent ad
valorem)
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Both-Well (Taizhou) Steel Fittings Co., Ltd............. 13.42
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Review-Specific Average Rate Applicable to the Following Companies
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Eaton Hydraulics (Ningbo) Co., Ltd...................... 13.42
Jinan Mech Piping Technology Co., Ltd................... 13.42
Qingdao Bestflow Industrial Co., Ltd.................... 13.42
Yingkou Guangming Pipeline Industry Co., Ltd............ 13.42
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, 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 companies at the applicable ad
valorem assessment rates listed. We intend to issue assessment
instructions to CBP 35 days after the date of publication of the final
results of 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 Instructions
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the respective companies listed
above 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
subject to the Order, 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 the
final results of review, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the 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 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: April 4, 2023.
Abdelali Elouaradia,
Deputy 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. Non-Selected Companies Under Review
VI. Subsidies Valuation Information
VII. Use of Facts Otherwise Available and Application of Adverse
Inferences
VIII. Analysis of Programs
IX. Discussion of Issues
Comment 1: Application of Adverse Facts Available (AFA) to the
Policy Loans to the Forged Steel Fittings Industry, Technology
Reward from Jiangyan Economic Development Zone, and Provision of
Land and/or Land-Use Rights for Less Than Adequate Remuneration
(LTAR) in Jiangsu Province and the Western Region of China Programs
Comment 2: Application of AFA to ``Other Subsidies''
Comment 3: Application of AFA to the Provision of Electricity
for LTAR Program
Comment 4: Application of AFA to the Provision of Outbound Ocean
Freight Services for LTAR Program
Comment 5: Subsidy Rate Calculation for the Provision of
Outbound Ocean Freight Services for LTAR Program
X. Recommendation
[FR Doc. 2023-07478 Filed 4-7-23; 8:45 am]
BILLING CODE 3510-DS-P
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