Notice2023-13373
Certain Carbon Steel Butt-Weld Pipe Fittings From the People's Republic of China: Preliminary Results of Covered Merchandise Inquiry
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 23, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
In response to a covered merchandise referral by U.S. Customs and Border Protection (CBP), the U.S. Department of Commerce (Commerce) preliminarily determines that certain carbon steel butt-weld pipe fittings (butt-weld pipe fittings) exported from Vietnam to the United States that were produced using rough fittings from China are not subject to the scope of the antidumping (AD) order. Additionally, Commerce preliminarily determines that butt-weld pipe fittings exported from Vietnam to the United States that were produced using unfinished fittings from China are subject to the scope of the AD order.
Full Text
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<title>Federal Register, Volume 88 Issue 120 (Friday, June 23, 2023)</title>
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[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Notices]
[Pages 41075-41076]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13373]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-814]
Certain Carbon Steel Butt-Weld Pipe Fittings From the People's
Republic of China: Preliminary Results of Covered Merchandise Inquiry
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to a covered merchandise referral by U.S. Customs
and Border Protection (CBP), the U.S. Department of Commerce (Commerce)
preliminarily determines that certain carbon steel butt-weld pipe
fittings (butt-weld pipe fittings) exported from Vietnam to the United
States that were produced using rough fittings from China are not
subject to the scope of the antidumping (AD) order. Additionally,
Commerce preliminarily determines that butt-weld pipe fittings exported
from Vietnam to the United States that were produced using unfinished
fittings from China are subject to the scope of the AD order.
DATES: Applicable June 23, 2023.
FOR FURTHER INFORMATION CONTACT: Miranda Bourdeau, AD/CVD Operations
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2021.
SUPPLEMENTARY INFORMATION:
Background
On September 26, 2022, Commerce published in the Federal Register a
notice of a covered merchandise referral and the initiation of a
covered merchandise inquiry to determine whether: (1) Chinese-origin
unfinished fittings that only underwent the final stage of three
production stages (i.e., finishing processes) in Vietnam are within the
scope of the Order; and (2) whether Chinese-origin rough fittings that
underwent both the second and third stages of production in Vietnam are
within the scope of the Order.\1\ For a complete description of the
events that followed the initiation of this inquiry, see the
Preliminary Decision Memorandum.\2\ A list of 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
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, 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>.
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\1\ See Certain Carbon Steel Butt-Weld Pipe Fittings from the
People's Republic of China: Notice of Covered Merchandise Referral
and Initiation of Covered Merchandise Inquiry, 87 FR 58310
(September 26, 2022) (Initiation Notice); see also Antidumping Duty
Order and Amendment to the Final Determination of Sales at Less Than
Fair Value; Certain Carbon Steel Butt-Weld Pipe Fittings from the
People's Republic of China, 57 FR 29702 (July 6, 1992) (Order).
\2\ See Memorandum, ``Certain Carbon Steel Butt-Weld Pipe
Fittings from the People's Republic of China: Decision Memorandum
for the Preliminary Results of Covered Merchandise Inquiry--EAPA
Inv. 7335,'' 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 is unfinished and finished
butt-weld pipe fittings. For a complete
[[Page 41076]]
description of the scope of the Order, see the Preliminary Decision
Memorandum.
Merchandise Subject to the Covered Merchandise Inquiry
The products subject to this inquiry are rough and unfinished
fittings originating in China and processed into butt-weld pipe
fittings through two production scenarios in Vietnam. The two
production scenarios are:
<bullet> Scenario 1: Chinese-origin unfinished butt-weld pipe
fittings undergo the final stage (i.e., finishing processes) of three
production stages in Vietnam;
<bullet> Scenario 2: Chinese-origin rough butt-weld pipe fittings
undergo the second and third stages of production in Vietnam.
Methodology
Commerce is conducting this covered merchandise inquiry in
accordance with section 517 of the Tariff Act of 1930, as amended (the
Act) and 19 CFR 351.227. For a full description of the methodology
underlying Commerce's preliminary results, see the Preliminary Decision
Memorandum.
Preliminary Findings
We preliminarily determine, pursuant to 19 CFR 351.227(f), that
rough butt-weld pipe fittings from China that are processed in Vietnam
into finished butt-weld pipe fittings in the final two stages of
production are not subject to the scope of the Order. Additionally, we
preliminarily find that unfinished butt-weld pipe fittings from China
that are processed in Vietnam into finished butt-weld pipe fittings are
subject to the scope of the Order. For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum.
Suspension of Liquidation
As stated above, Commerce has made a preliminary affirmative
finding that unfinished butt-weld pipe fittings originating from China
and finished in Vietnam are subject to the scope of the Order. This
affirmative in-scope finding applies on a country-wide basis,
regardless of the producer, exporter, or importer, to all products from
the same country with the same relevant physical characteristics as the
products at issue. Therefore, in accordance with 19 CFR 351.227(l)(2),
Commerce will direct CBP to: (1) continue the suspension of liquidation
of previously suspended entries and apply the applicable AD cash
deposit rate; (2) begin the suspension of liquidation and require a
cash deposit of estimated antidumping duties, at the applicable rate,
for each unliquidated entry of the product not yet suspended, entered,
or withdrawn from warehouse, for consumption on or after September 26,
2022, the date of publication of the notice of initiation of this
covered merchandise inquiry in the Federal Register; and (3) begin the
suspension of liquidation and require a cash deposit of estimated
duties, at the applicable rate, for each unliquidated entry of the
product not yet suspended, entered, or withdrawn from warehouse, for
consumption prior to September 26, 2022.\3\
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\3\ See Initiation Notice.
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Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.227(d)(3), interested parties may submit case briefs no later than
five days after the date of publication of this notice. Rebuttal
briefs, limited to issues raised in the case briefs, may be filed not
later than three days after the date of filing for case briefs.\4\
Parties who submit case briefs or rebuttal briefs in this proceeding
are requested to submit with each argument: (1) a statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.\5\ Executive summaries should be limited to five pages
total, including footnotes.\6\ All submissions, with limited
exceptions, must be filed electronically using ACCESS.\7\ Comments must
be received successfully in their entirety by ACCESS by 5:00 p.m.
Eastern Time on the due date. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\8\ Each
submission must be placed on the record of the segment of the
proceeding for the AD order (A-570-814), ACCESS Covered Merchandise
Inquiry segment ``CBP EAPA Inv. 7335.''
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\4\ See 19 CFR 351.227(d)(3); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\5\ See 19 CFR 351.309(c)(2) and (d)(2).
\6\ Id.
\7\ See 19 CFR 351.303.
\8\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically and received successfully in its entirety via ACCESS by
5:00 p.m. Eastern Time within 10 days after the date of publication of
this notice.\9\ Hearing 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 the
issues to be discussed. If a request for a hearing is made, Commerce
intends to hold the hearing at a time and date to be determined.
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled date.
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\9\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
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Notification to Interested Parties
This notice is issued and published pursuant to section 517 of the
Act and 19 CFR 351.227(e)(1).
Dated: June 16, 2023.
Abdelali Elouaradia,
Deputy 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. Description of Merchandise Subject to This Inquiry
V. Legal Framework
VI. Discussion of the Issues
VII. Recommendation
[FR Doc. 2023-13373 Filed 6-22-23; 8:45 am]
BILLING CODE 3510-DS-P
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