[Federal Register Volume 77, Number 73 (Monday, April 16, 2012)]
[Notices]
[Pages 22562-22563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9079]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-875]


Non-Malleable Cast Iron Pipe Fittings From the People's Republic 
of China: Initiation and Preliminary Results of Changed Circumstances 
Review, and Intent To Revoke Order in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.


DATES: Effective Date: April 16, 2012.
SUMMARY: In accordance with section 751(b) of the Tariff Act of 1930, 
as amended (the Act), and 19 CFR 351.216(b), Ford Motor Company (Ford) 
filed a request for a changed circumstances review of the antidumping 
duty (AD) order on non-malleable cast iron pipe fittings from the 
People's Republic of China (PRC) so that the order can be revoked with 
respect to a particular brake fluid tube connector (connector). The 
domestic industry has affirmatively expressed a lack of interest in the 
continuation of the order with respect to this product. In response to 
the request, the Department is initiating a changed circumstances 
review and issuing a notice of preliminary intent to revoke, in part, 
this order. Interested parties are invited to comment on these 
preliminary results.

FOR FURTHER INFORMATION CONTACT: Zev Primor or Robert Bolling, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington DC 20230; 
telephone (202) 482-4114 and (202) 482-3434, respectively.

Background

    On April 7, 2003, the Department published an AD order on non-
malleable cast iron pipe fittings from the PRC.\1\ On March 6, 2012, 
Ford requested revocation in part of the AD order pursuant to sections 
751(b)(1) and 782(h) of the Act, with respect to Ford's connector. The 
connector is a ``joint block'' for brake fluid tubes and is made of 
non-malleable cast iron to Society of Automotive Engineers (SEA) 
automotive standard J431. The tubes have an inside diameter of 3.44 
millimeters (0.1355 inches) and the inside diameters of the fluid flow 
channels of the connector are 3.2 millimeters (0.1260 inches) and 3.8 
millimeters (0.1496 inches). The end of the tube is forced by pressure 
over the end of a flared opening in the connector also known as 
``flared joint.'' The flared joint, once made fast, permits brake fluid 
to flow through channels that never exceed 3.8 millimeters (0.1496 
inches) in diameter.
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    \1\ See Notice of Antidumping Duty Order: Non-Malleable Cast 
Iron Pipe Fittings From the People's Republic of China, 68 FR 16765 
(April 7, 2003).
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Scope of the Order

    The products covered by the order are finished and unfinished non-
malleable cast iron pipe fittings with an inside diameter ranging from 
\1/4\ inch to 6 inches, whether threaded or unthreaded, regardless of 
industry or proprietary specifications. The subject fittings include 
elbows, ells, tees, crosses, and reducers as well as flanged fittings. 
These pipe fittings are also known as ``cast iron pipe fittings'' or 
``gray iron pipe fittings.'' These cast iron pipe fittings are normally 
produced to ASTM A-126 and ASME B.16.4 specifications and are threaded 
to ASME B1.20.1 specifications. Most building codes require that these 
products are Underwriters Laboratories (UL) certified. The scope does 
not include cast iron soil pipe fittings or grooved fittings or grooved 
couplings.
    Fittings that are made out of ductile iron that have the same 
physical characteristics as the gray or cast iron fittings subject to 
the scope above or which have the same physical characteristics and are 
produced to ASME B.16.3, ASME B.16.4, or ASTM A-395 specifications, 
threaded to ASME B1.20.1 specifications and UL certified, regardless of 
metallurgical differences between gray and ductile iron, are also 
included in the scope of the order. These ductile fittings do not 
include grooved fittings or grooved couplings. Ductile cast iron 
fittings with mechanical joint ends (MJ), or push on ends (PO), or 
flanged ends and produced to the American Water Works Association 
(AWWA) specifications AWWA C110 or AWWA C153 are not included.
    Imports of subject merchandise are currently classifiable in the 
Harmonized Tariff Schedule of the United States (HTSUS) under item 
numbers 7307.11.00.30, 7307.11.00.60, 7307.19.30.60, 7307.19.30.85. 
HTSUS subheadings are provided for convenience and customs purposes. 
The written description of the scope of the order is dispositive.\2\
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    \2\ On April 21, 2009, in consultation with the U.S. Customs and 
Border Protection (CBP), the Department added the following HTSUS 
classification to the AD/CVD module for pipe fittings: 7326.90.8588. 
See Memorandum from Abdelali Elouaradia, Office Director, Import 
Administration, Office 4 to Stephen Claeys, Deputy Assistant 
Secretary, Import Administration regarding the Final Scope Ruling on 
Black Cast Iron Cast, Green Ductile Flange and Twin Tee, antidumping 
duty order on non-malleable iron cast pipe fittings from the PRC, 
dated September 19, 2008. See also Memorandum to the file from 
Karine Gziryan, Financial Analyst, Office 4, regarding Module Update 
adding HTSUS number for twin tin fitting included in the scope of 
antidumping order on non-malleable iron cast pipe fittings from the 
PRC, dated April 22, 2009.
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Initiation and Preliminary Results of Changed Circumstances Review, and 
Intent To Revoke Order in Part

    At the request of Ford, and in accordance with sections 751(d)(1) 
and 751(b)(1) of the Act and 19 CFR 351.216, the Department is 
initiating a changed circumstances review of non-malleable cast iron 
pipe fittings from the PRC to determine whether partial revocation of

[[Page 22563]]

the AD order is warranted with respect to the connector, as described 
above. Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide 
that the Department may revoke an order (in whole or in part) if it 
determines that producers accounting for substantially all of the 
production of the domestic like product have no further interest in the 
order, in whole or in part. In addition, in the event the Department 
determines that expedited action is warranted, 19 CFR 351.221(c)(3)(ii) 
permits the Department to combine the notices of initiation and 
preliminary results.
    On February 28, 2012, Anvil International and Ward Manufacturing, 
petitioners in the original investigation, submitted a statement 
indicating that they account for approximately 95 percent of the 
domestic production of the like product. Further, Petitioners stated 
that they have no interest in producing the auto part described in the 
Ford's changed circumstances request and agree to the exclusion of the 
above-described connector from the scope of the AD duty order.\3\
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    \3\ See Petitioners' submission dated February 28, 2012.
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    In accordance with section 751(b) of the Act, and 19 CFR 
351.222(g)(l)(i) and 351.221(c)(3), we are initiating this changed 
circumstances review and have determined that expedited action is 
warranted. In accordance with 19 CFR 351.222(g), we find that 
Petitioners' affirmative statement of no interest constitutes good 
cause for the conduct of this review. Additionally, our decision to 
expedite this review stems from the domestic industry's lack of 
interest in applying the AD order to the connector, described above, 
and covered by this request.
    Based on the expression of no interest by Petitioners and absent 
any objection by other domestic interested parties, we preliminarily 
determine that substantially all of the domestic producers of the like 
product have no interest in the continued application of the AD order 
on non-malleable cast iron pipe fittings from the PRC to the 
merchandise that is subject to this request. Therefore, we are 
notifying the public of our intent to revoke, in part, the AD order as 
it relates to imports of the connector, as described above, from the 
PRC. We intend to modify the scope of the AD order to read as follows:
    Specifically excluded from the scope of the order is a certain 
brake fluid tube connector. The brake fluid tube connector is a ``joint 
block'' for brake fluid tubes and is made of non-malleable cast iron to 
SEA automotive standard J431. The inside diameters of the fluid flow 
channels of the connector are 3.2 millimeters (0.1260 inches) and 3.8 
millimeters (0.1496 inches).

Public Comment

    Interested parties are invited to comment on these preliminary 
results. Written comments may be submitted no later than 14 days after 
the date of publication of these preliminary results. Rebuttals to 
written comments, limited to issues raised in such comments, may be 
filed no later than 21 days after the date of publication. The 
Department will issue the final results of this changed circumstances 
review, which will include the results of its analysis raised in any 
such written comments, no later than 270 days after the date on which 
this review was initiated, or within 45 days if all parties agree to 
our preliminary results.\4\
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    \4\ See 19 CFR 351.216(e).
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    If final revocation occurs, we will instruct CBP to end the 
suspension of liquidation for the merchandise covered by the revocation 
on the effective date of the notice of revocation and to release any 
cash deposit or bond.\5\ The current requirement for a cash deposit of 
estimated AD duties on all subject merchandise will continue unless and 
until it is modified pursuant to the final results of this changed 
circumstances review.
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    \5\ See 19 CFR 351.222(g)(4).
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    This initiation and preliminary results of review and notice are in 
accordance with section 751(b) of the Act and 19 CFR 351.216, 351.221, 
and 351.222.

    Dated: April 10, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-9079 Filed 4-13-12; 8:45 am]
BILLING CODE 3510-DS-P