Notice2024-18001
Forged Steel Fittings From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Rescission of Review, in Part; 2022-2023
Primary source
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Published
August 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Yingkou Guangming Pipeline Industry Co., Ltd. (Yingkou Guangming), the sole mandatory respondent in this review and an exporter of forged steel fittings from People's Republic of China (China), has not established its eligibility for a separate rate, and is therefore part of the China-wide entity. Commerce also preliminarily determines that Jiangsu Forged Pipe Fittings Co., Ltd. (Jiangsu Forged) is also not eligible for a separate rate and is thus part of the China- wide entity. Further, Commerce is rescinding the administrative review with respect to Qingdao Bestflow Industrial Co., Ltd. (Qingdao Bestflow) and Xin Yi International Trade Co. Ltd. (Xin Yi). Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 156 (Tuesday, August 13, 2024)</title>
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[Federal Register Volume 89, Number 156 (Tuesday, August 13, 2024)]
[Notices]
[Pages 65860-65863]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18001]
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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 and
Rescission of Review, in Part; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Yingkou Guangming Pipeline Industry Co., Ltd. (Yingkou
Guangming), the sole mandatory respondent in this review and an
exporter of forged steel fittings from People's Republic of China
(China), has not established its eligibility for a separate rate, and
is therefore part of the China-wide entity. Commerce also preliminarily
determines that Jiangsu Forged Pipe Fittings Co., Ltd. (Jiangsu Forged)
is also not eligible for a separate rate and is thus part of the China-
wide entity. Further, Commerce is rescinding the administrative review
with respect to Qingdao Bestflow Industrial Co., Ltd. (Qingdao
Bestflow) and Xin Yi
[[Page 65861]]
International Trade Co. Ltd. (Xin Yi). Interested parties are invited
to comment on these preliminary results.
DATES: Applicable August 13, 2024.
FOR FURTHER INFORMATION CONTACT: Hannah Lee or Robert Palmer, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1216 and (202) 482-9068,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 29, 2023, Commerce published the notice of initiation
of this administrative review, covering four companies.\1\ On March 27,
2024, Commerce selected Yingkou Guangming as a mandatory respondent, as
it was the only remaining company under review that submitted a
separate rate application (SRA) or a separate rate certification
(SRC).\2\ On March 29, 2024, Commerce issued Yingkou Guangming the
standard non-market economy (NME) antidumping duty questionnaire.\3\ On
April 19, 2024, Yingkou Guangming notified Commerce of its intent not
to participate in this administrative review.\4\ On July 22, 2024,
Commerce tolled certain deadlines in this administrative proceeding by
seven days.\5\ The deadline for the preliminary results is now August
8, 2024.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 90168 (December 29, 2023) (Initiation
Notice).
\2\ See Memorandum, ``Respondent Selection,'' dated March 27,
2024; see also Initiation Notice, 88 FR at 90168, 90170 (``Exporters
and producers must file a timely Separate Rate Application or
Certification if they want to be considered for individual
examination.'').
\3\ See Commerce's Letter, ``Request for Information,'' dated
March 29, 2024 (NME Questionnaire).
\4\ See Yingkou Guangming's Letter, ``Yingkou Notice of Intent
Not to Participate,'' dated April 19, 2024 (Intent Not to
Participate).
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\6\ 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>.
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Forged
Steel Fittings from the People's Republic of China; 2022-2023,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order <SUP>7</SUP>
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\7\ 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 Tariff Act of 1930, as amended (the Act) and 19 CFR
351.213. For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.
Partial Rescission of Administrative Review
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
January 8, 2024, Bonney Forge Corporation (the petitioner), withdrew
its request for review for Qingdao Bestflow and Xin Yi.\8\ No other
party requested a review of these exporters. Therefore, Commerce is
rescinding this review with respect to Qingdao Bestflow and Xin Yi,
pursuant to 19 CFR 351.213(d)(1).
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\8\ See Petitioner's Letter, ``Withdrawal of Requests for
Administrative Reviews,'' dated January 24, 2024.
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Separate Rates
Commerce preliminarily finds that Jiangsu Forged did not establish
its eligibility for a separate rate because it failed to provide an SRA
or SRC. Commerce also preliminarily finds that Yingkou Guangming did
not establish its eligibility for a separate rate. While Yingkou
Guangming submitted an SRA, it did not respond to the antidumping duty
questionnaire.\9\ As stated in the Initiation Notice, companies that
submit an SRA or SRC which are subsequently selected as mandatory
respondents must respond to all parts of Commerce's questionnaire in
order to be eligible for separate-rate status.\10\ As such, we
preliminarily determine that Jiangsu Forged and Yingkou Guangming are
part of the China-wide entity. For additional information, see the
Preliminary Decision Memorandum.
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\9\ See Intent Not to Participate.
\10\ See Initiation Notice, 88 FR at 90169-70.
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The China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\11\ 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.\12\ Because no party
requested a review of the China-wide entity and Commerce did not self-
initiate a review of the China-wide entity for this review period, 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.\13\ For additional
information, see the Preliminary Decision Memorandum.
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\11\ 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).
\12\ Id.
\13\ See Order, 83 FR at 60397.
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Disclosure and Public Comment
Normally, Commerce discloses to interested parties the calculations
performed in preliminary results within five days of any public
announcement or, if there is no public announcement, within five days
of the date of publication of the notice of preliminary results in the
Federal Register, in accordance with 19 CFR 351.224(b). However, as we
have determined all companies under review, and not rescinded herein,
to be part of the China-wide entity, and there were no calculations
performed for the
[[Page 65862]]
mandatory respondent, there are no calculations to disclose.
Pursuant to 19 CFR 351.309(c)(ii), interested parties may 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.\14\ 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.\15\
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\14\ 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).
\15\ See 19 CFR 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.\16\ 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).\17\
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ 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.\18\ 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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\18\ See 19 CFR 351.212(b)(1).
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If we continue to find in the final results that Jiangsu Forged and
Yingkou Guangming 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 Qingdao Bestflow and Xin Yi, for which Commerce is rescinding
this administrative review, antidumping duties shall be assessed at
rates equal to the cash deposit of estimated antidumping duties
required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i). Commerce
intends to issue appropriate assessment instructions to CBP no earlier
than 35 days after the date of publication of this notice (see Appendix
III).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided for by section
751(a)(2)(C) of the Act: (1) for previously investigated or reviewed
Chinese and non-Chinese exporters for which a review was not requested
and that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (2) 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 (3) for all non-Chinese exporters of subject
merchandise that have not received their own 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: August 6, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Review
V. Discussion of the Methodology
VI. Recommendation
Appendix II
Companies Preliminarily Not Eligible for a Separate Rate and Treated as
Part of the China-Wide Entity
1. Jiangsu Forged Pipe Fittings Co., Ltd.
2. Yingkou Guangming Pipeline Industry Co., Ltd.
[[Page 65863]]
Appendix III
Companies Rescinded from Review
1. Qingdao Bestflow Industrial Co., Ltd.
2. Xin Yi International Trade Co. Ltd.
[FR Doc. 2024-18001 Filed 8-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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