[Federal Register Volume 85, Number 220 (Friday, November 13, 2020)]
[Notices]
[Pages 72627-72629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25044]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-068]
Forged Steel Fittings From the People's Republic of China:
Preliminary Results of Countervailing Duty Administrative Review; 2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the countervailing duty (CVD) order on forged
steel fittings from the People's Republic of China (China) for the
period of review March 14, 2018 through December 31, 2018. Commerce
preliminarily determines that countervailable subsidies are being
provided to Both-Well (Taizhou) Steel Fittings, Co., Ltd. (Both-Well),
the sole producer/exporter of forged steel fittings from China subject
to this review.
DATES: Applicable November 13, 2020.
FOR FURTHER INFORMATION CONTACT: Katherine Johnson or Janae Martin, 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) 482-4929 or (202)
482-0238, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 17, 2020, Commerce published the notice of initiation of
an administrative review of the CVD order on forged steel fittings from
China.\1\ On April 24, 2020, Commerce tolled all deadlines in
administrative reviews by 50 days, thereby extending the deadline for
the preliminary results of this review until July 21, 2020.\2\ On July
21, 2020, Commerce again tolled all deadlines in administrative reviews
by 60 days.\3\ Accordingly, the deadline for the preliminary results in
this administrative review was postponed to November 19, 2020.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 3014 (January 17, 2020).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\4\ Id. at 2.
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\5\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix I 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 http://access.trade.gov, In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results: Administrative Review of the Countervailing Duty Order on
Forged Steel Fittings from the People's Republic of China; 2018,''
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 forged steel fittings. 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)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we preliminarily
determine that there is a subsidy, i.e., a government financial
contribution that gives rise to a benefit to the recipient, and that
the subsidy is specific.\6\ For a full description of the
[[Page 72628]]
methodology underlying our preliminary conclusions, see the
accompanying Preliminary Decision Memorandum.
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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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As explained in the Preliminary Decision Memorandum, Commerce
relied on adverse facts available because the Government of China did
not act to the best of its ability in responding to Commerce's requests
for information, and consequently, we have drawn an adverse inference,
where appropriate, in selecting from among the facts otherwise
available.\7\ For further information, see ``Use of Facts Otherwise
Available and Adverse Inferences'' in the Preliminary Decision
Memorandum.
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\7\ See sections 776(a) and (b) of the Act.
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Rate for Non-Selected Companies Under Review
There are 35 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
companies, because the rate calculated for Both-Well was above de
minimis and not based entirely on facts available, we applied Both-
Well's subsidy rate to the non-selected companies. This methodology to
establish the subsidy rate for non-selected companies is consistent
with our practice and with section 705(c)(5)(A) of the Act, which
governs the determination of an ``all-others'' rate in an investigation
and which we rely on for guidance here. For a list of the non-selected
companies, see Appendix II to this notice.
Preliminary Results of Review
In accordance with 19 CFR 351.221(b)(4)(i), we calculated a
countervailable subsidy rate for Both-Well, the sole mandatory
respondent in this review. We preliminarily determine that the
following subsidy rate exists for Both-Well and the non-selected
companies under review:
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Subsidy rate
Company (percent)
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Both-Well (Taizhou) Steel Fittings, Co., Ltd............ 25.90
Non-Selected Companies Under Review \8\................. 25.90
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Assessment Rate
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\8\ See Appendix III.
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In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily
assigned subsidy rates in the amounts shown above for the producer/
exporters shown above. Upon completion of the administrative review,
consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, countervailing duties on all appropriate entries covered
by this review. We intend to issue instructions directly to CBP 15 days
after publication of the final results of this review.
Cash Deposit Rate
Pursuant to section 751(a)(1) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amount indicated for Both-Well with regard to shipments
of subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review. For all non-reviewed firms, 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 instructions, when imposed,
shall remain in effect until further notice.
Disclosure and Public Comment
We will disclose to parties to this proceeding the calculations
performed in reaching the preliminary results within five days of the
date of publication of these preliminary results.\9\ Interested parties
may submit written comments (case briefs) within 30 days of publication
of the preliminary results and rebuttal comments (rebuttal briefs)
within seven days after the time limit for filing case briefs.\10\
Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to
issues raised in the case briefs. Parties who submit arguments are
requested to submit with the argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of
authorities.\11\
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\9\ See 19 CFR 224(b).
\10\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
\11\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must do so within 30 days of publication of these
preliminary results by submitting a written request to the Assistant
Secretary for Enforcement and Compliance using Enforcement and
Compliance's ACCESS system.\12\ Requests should contain the party's
name, address, and telephone number, the number of participants,
whether any participant is a foreign national, and a list of the issues
to be discussed. If a request for a hearing is made, Commerce will
inform parties of the scheduled date of the hearing which will be held
at a time and date to be determined.\13\ Issues addressed during the
hearing will be limited to those raised in the briefs.\14\ Parties
should confirm the date and time of the hearing two days before the
scheduled date.
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\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310.
\14\ See 19 CFR 351.310(c).
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Parties are reminded that all briefs and hearing requests must be
filed electronically using ACCESS and received successfully in their
entirety by 5 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.\15\
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\15\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements); Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19, 85 FR 17006 (March 26, 2020); and
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020).
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Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
publication of these preliminary results.
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.
Dated: November 5, 2020.
Jeffrey I. Kessler,
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. Diversification of China's Economy
V. Subsidies Valuation
VI. Benchmarks and Discount Rates
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Analysis of Programs
IX. Conclusion
Appendix II--List of Non-Selected Companies
1. Apco Pipe Fittings Co., Ltd.
2. Cixi Baicheng Hardware Tools, Ltd.
3. Dalian Guangming Pipe Fittings Co., Ltd.
4. Eaton Hydraulics (Luzhou) Co., Ltd.
5. Eaton Hydraulics (Ningbo) Co., Ltd.
6. Feiting Hi-Tech Piping Zhejiang Co., Ltd
7. Hebei Haiyuan Pipe Fittings Co., Ltd.
8. Hebei Xinyue High Pressure Flange And Pipe Fitting Co., Ltd.
9. Jiangsu Forged Pipe Fittings Co., Ltd.
[[Page 72629]]
10. Jiangsu Haida Pipe Fittings Group Co., Ltd.
11. Jiangyin Tianning Metal Pipe Fitting Co., Ltd.
12. Jiangyin Yangzi Fitting Co., Ltd.
13. Jinan Mech Piping Technology Co., Ltd.
14. Jining Dingguan Precision Parts Manufacturing Co., Ltd.
15. Lianfa Stainless Steel Pipes & Valves (Qingyun) Co., Ltd.
16. Luzhou City Chengrun Mechanics Co., Ltd.
17. Ningbo HongTe Industrial Co., Ltd.
18. Ningbo Long Teng Metal Manufacturing Co., Ltd.
19. Ningbo Save Technology Co., Ltd.
20. Ningbo Zhongan Forging Co., Ltd.
21. Q.C. Witness International Co., Ltd.
22. Qingdao Bestflow Industrial Co., Ltd.
23. Shanghai Lon Au Stainless Steel Materials Co., Ltd.
24. Shanghai Longnai High Pressure Pipe Fittings Co., Ltd.
25. Shanghai Tongyang Pipe Fittings Co., Ltd.
26. Shanghai Yochoic Pipefittings Co., Ltd.
27. Witness International Co., Ltd.
28. Xin Yi International Trade Co., Limited
29. Yancheng Boyue Tube Co., Ltd.
30. Yancheng Haohui Pipe Fittings Co., Ltd.
31. Yancheng Jiuwei Pipe Fittings Co., Ltd.
32. Yancheng Manda Pipe Industry Co., Ltd.
33. Yingkou Guangming Pipeline Industry Co., Ltd.
34. Yingkou Liaohe Machinery & Pipe Fittings Co., Ltd.
35. Yuyao Wanlei Pipe Fitting Manufacturing Co., Ltd.
[FR Doc. 2020-25044 Filed 11-12-20; 8:45 am]
BILLING CODE 3510-DS-P