Notice2023-26879
Forged Steel Fittings From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, 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
December 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Qingdao Bestflow Industrial Co., Ltd. (Bestflow), the sole participating mandatory respondent in this review and an exporter of forged steel fittings from the People's Republic of China (China), as well as Both-Well Taizhou Steel Fittings Co., Ltd. (Both-Well), a non-individually-examined exporter 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, 2021, through October 31, 2022. Further, Commerce preliminarily determines that Xin Yi International Trade Co., Limited (Xin Yi) had no shipments of subject merchandise during the POR. Lastly, Commerce preliminarily determines that Lianfa Stainless Steel Pipes & Valves (Qingyun) Co., Ltd. (Lianfa), Yingkou Guangming Pipeline Industry Co., Ltd. (Yingkou Guangming), Jiangsu Forged Pipe Fittings Co., Ltd. (Jiangsu), and 20 other 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 88 Issue 234 (Thursday, December 7, 2023)</title>
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[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85221-85224]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26879]
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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; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Qingdao Bestflow Industrial Co., Ltd. (Bestflow), the
sole participating mandatory respondent in this review and an exporter
of forged steel fittings from the People's Republic of China (China),
as well as Both-Well Taizhou Steel Fittings Co., Ltd. (Both-Well), a
non-individually-examined exporter 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, 2021, through
October 31, 2022. Further, Commerce preliminarily determines that Xin
Yi International Trade Co., Limited (Xin Yi) had no shipments of
subject merchandise during the POR. Lastly, Commerce preliminarily
determines that Lianfa Stainless Steel Pipes & Valves (Qingyun) Co.,
Ltd. (Lianfa), Yingkou Guangming Pipeline Industry Co., Ltd. (Yingkou
Guangming), Jiangsu Forged Pipe Fittings Co., Ltd. (Jiangsu), and 20
other 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, 2023.
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
January 3, 2023, Commerce published the notice of initiation of this
administrative review, covering 26 companies.\1\ On March 23, 2023,
Commerce selected as the mandatory respondents, Lianfa Stainless Steel
Pipes & Valves (Qingyun) Co., Ltd. (Lianfa) and Bestflow, the companies
accounting for the largest volume of suspended U.S. entries of subject
merchandise into the United States as reported by U.S. Customs and
Border Protection (CBP).\2\ On March 23, 2023, Commerce also issued its
initial non-market economy (NME) antidumping duty questionnaire to
Bestflow and Lianfa. On April 14, 2023, Lianfa notified Commerce that
it intended not to participate in this review.\3\ On June 29, 2023,
Commerce selected Yingkou Guangming as an additional mandatory
respondent based on the volume of suspended entries of subject
merchandise, entered for consumption into the United States during the
POR, and issued its initial questionnaire to Yingkou Guangming.\4\ On
July 14, 2023, Yingkou Guangming notified Commerce that it intended not
to participate in this review.\5\ On July 25, 2023, Commerce selected
Jiangsu as a second additional mandatory respondent based on the volume
of suspended entries of subject merchandise entered for consumption
into the United States during the POR, and issued its initial
questionnaire to Jiangsu.\6\ On August 8, 2023, Jiangsu notified
Commerce that it intended not to participate in this review.\7\ On July
11, 2023, Commerce extended the preliminary results deadline by 120
days.\8\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 50 (January 3, 2023).
\2\ See Memorandum, ``Respondent Selection,'' dated March 23,
2023.
\3\ See Lianfa's Letter, ``Lianfa Notice of Intent Not to
Participate,'' dated April 14, 2023.
\4\ See Memorandum, ``Selection of an Additional Mandatory
Respondent,'' dated June 29, 2023.
\5\ See Yingkou Guangming's Letter, ``Yingkou Notice of Intent
Not to Participate,'' dated July 14, 2023.
\6\ See Memorandum, ``Selection of a Second Additional Mandatory
Respondent,'' dated July 25, 2023.
\7\ See Jiangsu's Letter, ``Notice of Intent Not to
Participate,'' dated August 8, 2023.
\8\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated July 11,
2023.
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\9\ 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
[[Page 85222]]
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>.
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\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 Antidumping Duty Administrative Review:
Forged Steel Fittings from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order <SUP>10</SUP>
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\10\ 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. Subject carbon and alloy forged steel fittings
are normally entered under Harmonized Tariff Schedule of the United
States (HTSUS) subheadings 7307.99.1000, 7307.99.3000, 7307.99.5045,
and 7307.99.5060. They also may be entered under HTSUS subheadings
7307.92.3010, 7307.92.3030, 7307.92.9000, and 7326.19.0010. The HTSUS
subheadings and specifications are provided for convenience and customs
purposes; the written description of the scope is dispositive. 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.
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 30, 2023, Jiangsu, Lianfa, Xin Yi, and Yingkou Guangming timely
withdrew their requests for review.\11\ On April 2, 2023, Both-Well
timely withdrew its request for review.\12\ However, as Bonney Forge
Corporation (Bonney Forge), a domestic producer and interested party,
also requested review of these five companies and Bonney Forge's
request has not been withdrawn,\13\ we are not rescinding this review
with respect to these five companies, pursuant to 19 CFR 351.213(d)(1).
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\11\ See Jiangsu, Lianfa, Yingkou Guangming, and XinYi's Letter,
``Withdrawal of Requests for Administrative Review,'' dated March
30, 2023.
\12\ See Both-Well's Letter, ``Withdrawal of Requests for
Administrative Review,'' dated April 2, 2023.
\13\ See Bonney Forge's Letter, ``Request for Administrative
Review,'' dated November 30, 2022.
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Preliminary Determination of No Shipments
Xin Yi reported that it made no shipments of subject merchandise to
the United States during the POR.\14\ Subsequently, Commerce requested
that CBP provide any information which may contradict Xin Yi's claim;
CBP reported no such contradictory information. Because Xin Yi
certified that it made no shipments of subject merchandise, and there
is no information on the record which contradicts its claim, Commerce
preliminarily determines that Xin Yi 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.\15\
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\14\ See Xin Yi's Letter, ``No Sales Certification,'' dated
February 1, 2023.
\15\ 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 23 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, or did not cooperate to the best of their
ability and refused to provide Commerce with a complete response to its
questionnaire.\16\ As such, we preliminarily determine these 23
companies are part of the China-wide entity.
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\16\ See Appendix II of this notice which identifies these 23
companies.
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Additionally, Commerce preliminarily finds that the information
placed on the record by Bestflow and Both-Well demonstrates that these
companies are eligible for a separate rate. 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 individually examined
mandatory respondent (i.e., Bestflow) received a weighted-average
dumping margin that is not zero, de minimis, or based entirely on facts
available. Therefore, consistent with section 735(c)(5)(A) of the Act,
we find it appropriate to assign the calculated weighted-average
dumping margin for Bestflow (i.e., 496.77 percent) as the weighted-
average dumping margin for the non-examined, separate rate company
Both-Well. 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.\17\ 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.\18\ 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.\19\
For additional information, see the Preliminary Decision Memorandum.
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\17\ 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).
\18\ Id.
\19\ See Order, 83 FR at 60397.
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Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the POR:
[[Page 85223]]
------------------------------------------------------------------------
Weighted- average
Exporter dumping margin
(percent)
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Qingdao Bestflow Industrial Co., Ltd................ 496.77
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Review-Specific Average Rate Applicable to the Following Company
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Both-Well (Taizhou) Steel Fittings Co., Ltd......... 496.77
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results to interested parties subject to an administrative
protective order within five days after the date of publication of this
notice.\20\ 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 not later than five days after the
date for filing case briefs.\21\ Interested parties who submit case
briefs or rebuttal briefs in this proceeding must submit: (1) a table
of contents listing each issue; and (2) a table of authorities.\22\
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\20\ See 19 CFR 351.224(b).
\21\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Final Service Rule).
\22\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\23\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\24\
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\23\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\24\ See APO and Final Service Rule.
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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, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice.
Final Results of Review
Unless the deadline is 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.\25\ 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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\25\ 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), or when the importer-specific assessment rate
calculated in the final results of this review is not zero or de
minimis.\26\ 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, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
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\26\ See 19 CFR 351.106(c)(2).
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If Bestflow's weighted-average dumping margin is not zero or de
minimis in the final results of this review, Commerce will instruct CBP
to assess antidumping duties at the time of liquidation, in accordance
with 19 CFR 351.212(b)(1).\27\ Because Bestflow did not report entered
value for its U.S. sales, we intend to calculate customer-specific per-
unit assessment rates by dividing the total amount of dumping
calculated for all reviewed sales to the customer by the total quantity
of the sales to the customer. Commerce will also calculate (estimated)
ad valorem customer-specific assessment rates with which to assess
whether the per-unit assessment rates are de minimis. We intend to
calculate estimated customer-specific ad valorem assessment rates by
dividing the total amount of dumping calculated for all reviewed U.S.
sales to the customer by the total estimated entered value of the
merchandise sold to the customer by Bestflow.\28\
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\27\ 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).
\28\ See 19 CFR 351.212 (b)(1).
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For the respondent that was not selected for individual examination
in this administrative review but qualified for a separate rate (i.e.,
Both-Well), 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 23
companies, identified in Appendix II, are ineligible for a separate
rate and are, therefore, considered part of the China-wide entity, we
will
[[Page 85224]]
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 Bestflow during this review, Commerce will instruct CBP to liquidate
such entries at the antidumping duty assessment rate for the China-wide
entity.\29\ Additionally, if Commerce determines in the final results
that Xin Yi had no shipments of the subject merchandise, any suspended
entries that entered under Xin Yi's case number (i.e., at Xin Yi's cash
deposit rate) will be liquidated at the antidumping duty assessment
rate for the China-wide entity.
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\29\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011), 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 the most
recently 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. 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, 2023.
Abdelali Elouaradia,
Deputy 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 Forged Pipe Fittings Co., Ltd.
6. Jiangsu Haida Pipe Fittings Group Co.
7. Jinan Mech Piping Technology Co., Ltd.
8. Jining Dingguan Precision Parts Manufacturing Co., Ltd.
9. Lianfa Stainless Steel Pipes & Valves (Qingyun) Co., Ltd.
10. Luzhou City Chengrun Mechanics Co., Ltd.
11. Ningbo HongTe Industrial Co., Ltd.
12. Ningbo Long Teng Metal Manufacturing Co., Ltd.
13. Ningbo Save Technology Co., Ltd.
14. Ningbo Zhongan Forging Co., Ltd.
15. Q.C. Witness International Co., Ltd.
16. Shanghai Lon Au Stainless Steel Materials Co., Ltd.
17. Witness International Co., Ltd.
18. Yancheng Boyue Tube Co., Ltd.
19. Yancheng Haohui Pipe Fittings Co., Ltd.
20. Yancheng Jiuwei Pipe Fittings Co., Ltd.
21. Yancheng Manda Pipe Industry Co., Ltd.
22. Yingkou Guangming Pipeline Industry Co., Ltd.
23. Yuyao Wanlei Pipe Fitting Manufacturing Co., Ltd.
[FR Doc. 2023-26879 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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