[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Notices]
[Pages 8053-8058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03751]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-079]


Cast Iron Soil Pipe From the People's Republic of China: 
Initiation of Less-Than-Fair Value Investigation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable February 15, 2018.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos at (202) 482-2243, 
AD/CVD Operations, Enforcement & Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petition

    On January 26, 2018, the Department of Commerce (Commerce) received 
an antidumping duty (AD) petition concerning imports of cast iron soil 
pipe (soil pipe) from the People's Republic of China (China), filed in 
proper form, on behalf of the Cast Iron Soil Pipe Institute (the 
petitioner).\1\ The petitioner is a trade association, whose members 
are all domestic producers of soil pipe.\2\ The AD petition was 
accompanied by a countervailing duty (CVD) petition for soil pipe from 
China.\3\
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    \1\ See Letter to the Secretary of Commerce from the petitioner 
re: Cast Iron Pipe from the People's Republic of China--Petition for 
the Imposition of Antidumping and Countervailing Duties, dated 
January 26, 2018 (Petition).
    \2\ See Volume I of the Petition at 2. The individual members of 
the Cast Iron Soil Pipe Institute are AB&I Foundry, Charlotte Pipe & 
Foundry, and Tyler Pipe.
    \3\ See Volume III of the Petition.
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    On January 31, 2018, Commerce requested additional information and 
clarification of certain areas of the Petition.\4\ The petitioner filed 
responses to these requests on February 2, 2018.\5\
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    \4\ See Letters from Commerce, ``Petition for the Imposition of 
Antidumping Duties on Imports of Cast Iron Soil Pipe from the 
People's Republic of China: Supplemental Questions,'' dated January 
31, 2018, and ``Petition for the Imposition of Antidumping Duties on 
Imports of Cast Iron Soil Pipe from the People's Republic of China: 
General Issues Supplemental Questions,'' dated January 31, 2018.
    \5\ See Letters from the petitioner, ``Cast Iron Soil Pipe from 
the People's Republic of China: Response to Supplemental Questions--
General Issues,'' dated February 2, 2018 (General Issues 
Supplement), and ``Cast Iron Soil Pipe from the People's Republic of 
China: Response to Supplemental Questions--Antidumping Duties,'' 
dated February 2, 2018 (AD Supplemental Response).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of soil pipe 
from China are being, or are likely to be, sold in the United States at 
less-than-fair value within the meaning of section 731 of the Act, and 
that, such imports are materially injuring, or threatening material 
injury to, an industry in the United States. Also, consistent with 
section 732(b)(1) of the Act, the Petition is accompanied by 
information reasonably available to the petitioner supporting its 
allegations.
    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because the petitioner is an interested party as 
defined in section 771(9)(E) of the Act. Commerce also finds that the 
petitioner demonstrated sufficient industry support with respect to the 
initiation of the AD investigation that the petitioner is 
requesting.\6\
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    \6\ See ``Determination of Industry Support for the Petition'' 
section, below.
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Period of Investigation

    Because the Petition was filed on January 26, 2018, pursuant to 19 
CFR 351.204(b)(1), the period of investigation (POI) is July 1, 2017, 
through December 31, 2017.

Scope of the Investigation

    The product covered by this investigation is soil pipe from China. 
For a full description of the scope of this investigation, see the 
``Scope of the Investigation,'' in the Appendix to this notice.

Comments on the Scope of the Investigation

    On February 2, 2018, in response to a question from Commerce, the 
petitioner filed a revision to the scope language.\7\
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    \7\ See General Issues Supplement at Exhibit 1.

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[[Page 8054]]

    As discussed in the preamble to Commerce's regulations,\8\ we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope). Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
the interested parties prior to the issuance of the preliminary 
determination. If scope comments include factual information,\9\ all 
such factual information should be limited to public information. In 
order to facilitate preparation of its questionnaire, Commerce requests 
all interested parties to submit such comments by 5:00 p.m. Eastern 
Time (ET) on Wednesday, March 7, 2018, which is 20 calendar days from 
the signature date of this notice. Any rebuttal comments, which may 
include factual information, must be filed by 5:00 p.m. ET on Monday, 
March 19, 2018, which is the next business day after the tenth calendar 
day from the deadline for initial comments.\10\ All such comments must 
be filed on the record of each of the concurrent AD and CVD 
investigations.
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    \8\ See Antidumping Duties; Countervailing Duties: Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \9\ See 19 CFR 351.102(b)(21).
    \10\ See 19 CFR 351.303(b).
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    Commerce requests that any factual information the parties consider 
relevant to the scope of the investigation be submitted during this 
time period. However, if a party subsequently finds that additional 
factual information pertaining to the scope of the investigation may be 
relevant, the party may contact Commerce and request permission to 
submit the additional information. As stated above, all such comments 
must be filed on the record of the concurrent AD and CVD 
investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement & Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\11\ An electronically-
filed document must be received successfully in its entirety by the 
time and date it is due. Documents excepted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement & Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230, and stamped with the date and time of receipt by the applicable 
deadlines.
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    \11\ See 19 CFR 351.303 (for general filing requirements); see 
also Antidumping and Countervailing Duty Proceedings: Electronic 
Filing Procedures; Administrative Protective Order Procedures, 76 FR 
39263 (July 6, 2011), for details of Commerce's electronic filing 
requirements, which went into effect on August 5, 2011. Information 
on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Comments on Product Characteristics for AD Questionnaires

    Commerce requests comments from interested parties regarding the 
appropriate physical characteristics of soil pipe to be reported in 
response to Commerce's AD questionnaire. This information will be used 
to identify the key physical characteristics of the merchandise under 
consideration in order to report the relevant factors and costs of 
production accurately as well as to develop appropriate product-
comparison criteria.
    Interested parties will have the opportunity to provide any 
information or comments that they feel are relevant to the development 
of an accurate list of physical characteristics. Specifically, they may 
provide comments as to which characteristics are appropriate to use as: 
(1) General product characteristics; and (2) product-comparison 
criteria. We note that it is not always appropriate to use all product 
characteristics as product-comparison criteria. We base product-
comparison criteria on meaningful commercial differences among 
products. In other words, although there may be some physical product 
characteristics used by manufacturers to describe soil pipe, it may be 
that only a select few product characteristics take into account 
commercially-meaningful physical characteristics. In addition, 
interested parties may comment on the order in which the physical 
characteristics should be used in matching products. Generally, 
Commerce attempts to list the most important physical characteristics 
first and the least important characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaire, all comments must be filed 
by 5:00 p.m. ET on March 7, 2018. Any rebuttal comments, which may 
include factual information, must be filed by 5:00 p.m. ET on March 19, 
2018. All comments and submissions to Commerce must be filed 
electronically using ACCESS, as explained above, on the record of the 
less-than-fair value investigation.

Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\12\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\13\
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    \12\ See Section 771(10) of the Act.
    \13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in a 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product

[[Page 8055]]

distinct from the scope of the Petition. Based on our analysis of the 
information submitted on the record, we have determined that soil pipe, 
as defined in the scope, constitutes a single domestic like product, 
and we have analyzed industry support in terms of that domestic like 
product.\14\
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    \14\ For a discussion of the domestic like product analysis in 
this case, see Antidumping Duty Investigation Initiation Checklist: 
Cast Iron Soil Pipe from the People's Republic of China (Initiation 
Checklist), at Attachment II, Analysis of Industry Support for the 
Antidumping and Countervailing Duty Petitions Covering Cast Iron 
Soil Pipe from the People's Republic of China (Attachment II). This 
checklist is dated concurrently with this notice and on file 
electronically via ACCESS. Access to documents filed via ACCESS is 
also available in the Central Records Unit, Room B8024 of the main 
Department of Commerce building.
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    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition and the General Issues Supplement with 
reference to the domestic like product as defined in the ``Scope of the 
Investigation,'' in the Appendix to this notice. The petitioner 
provided the 2017 production of the domestic like product by its 
members.\15\ The petitioner states that its members are the only known 
producers of soil pipe in the United States; therefore, the Petition is 
supported by 100 percent of the U.S. industry.\16\
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    \15\ See Volume I of the Petition at 4.
    \16\ Id. at 3-4 and Exhibit I-1.
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    Our review of the data provided in the Petition, General Issues 
Supplement, and other information readily available to Commerce 
indicates that the petitioner has established industry support for the 
Petition.\17\ First, the Petition established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\18\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
732(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petition account for at least 25 percent of the total 
production of the domestic like product.\19\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petition account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petition.\20\ Accordingly, Commerce determines that the Petition 
was filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act.
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    \17\ See Initiation Checklist at Attachment II.
    \18\ See section 732(c)(4)(D) of the Act; see also Initiation 
Checklist at Attachment II.
    \19\ See Initiation Checklist at Attachment II.
    \20\ Id.
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    Commerce finds that the petitioner filed the Petition on behalf of 
the domestic industry because it is an interested party as defined in 
section 771(9)(E) of the Act, and it has demonstrated sufficient 
industry support with respect to the AD investigation that it is 
requesting that Commerce initiate.\21\
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    \21\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at less than normal value (NV). In addition, the 
petitioner alleges that subject imports exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.\22\ The 
petitioner contends that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share and increasing market share of subject imports; 
underselling and price depression; lost sales and revenues; and 
negative impact on financial results, including total revenue, gross 
profits, operating income, and net income.\23\ We have assessed the 
allegations and supporting evidence regarding material injury, threat 
of material injury, and causation, and we have determined that these 
allegations are properly supported by adequate evidence, and meet the 
statutory requirements for initiation.\24\
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    \22\ See Volume I of the Petition at 13-14 and Exhibit I-7.
    \23\ See Volume I of the Petition at 14-19 and Exhibits I-7, I-9 
and I-10; see also General Issues Supplement at 1.
    \24\ See Initiation Checklist at Attachment III, Analysis of 
Allegations and Evidence of Material Injury and Causation for the 
Antidumping and Countervailing Duty Petitions Covering Cast Iron 
Soil Pipe from the People's Republic of China.
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Allegations of Sales at Less-Than-Fair Value

    The following is a description of the allegations of sales at less-
than-fair value upon which Commerce based its decision to initiate the 
AD investigation of imports of soil pipe from China. The sources of 
data for the deductions and adjustments relating to U.S. price and NV 
are discussed in greater detail in the Initiation Checklist.\25\
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    \25\ Id. at 6-9.
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Export Price

    The petitioner based the U.S. price on export price (EP) using 
average unit values (AUVs) of publicly available import data.\26\ The 
petitioner made deductions to U.S. price for foreign inland freight and 
brokerage and handling.\27\
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    \26\ See Volume II of the Petition at 3 and Exhibit II-4.
    \27\ Id. at 3-4 and Exhibits II-5 and 6; see also AD 
Supplemental Response at 4-6 and Exhibits 4-6.
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Normal Value

    Commerce considers China to be a non-market economy (NME) 
country.\28\ In accordance with section 771(18)(C)(i) of the Act, the 
presumption of NME status remains in effect until revoked by Commerce. 
The presumption of NME status for China has not been revoked by 
Commerce and, therefore, remains in effect for purposes of the 
initiation of this investigation. Accordingly, the NV of the product is 
appropriately based on factors of production (FOPs) valued in a 
surrogate market economy country, in accordance with section 773(c) of 
the Act.
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    \28\ See Antidumping Duty Investigation of Certain Aluminum Foil 
from the People's Republic of China: Affirmative Preliminary 
Determination of Sales at Less-Than-Fair-Value and Postponement of 
Final Determination, 82 FR 50858, 50871 (November 2, 2017), and 
accompanying decision memorandum, China's Status as a Non-Market 
Economy; see also Volume II of the Petition at 1.
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    The petitioner argues that Brazil is an appropriate surrogate 
country for China because it is a market economy that is at a level of 
economic development comparable to that of China, it is a significant 
producer of comparable merchandise, and public information from Brazil 
is available to value all FOPs.\29\ Based on the information provided 
by the petitioner, we determine that it is appropriate to use Brazil as 
a surrogate country for China. Interested parties will have the 
opportunity to submit comments regarding surrogate country selection 
and, pursuant to 19 CFR 351.301(c)(3)(i), will be provided an 
opportunity to submit publicly available information to value FOPs no 
later than 30 days before the scheduled date of the preliminary 
determination.
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    \29\ See Volume II of the Petition at 2-3.
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Factors of Production

    Because information regarding the volume of inputs consumed by 
Chinese producers/exporters is not reasonably available, the petitioner 
based the FOPs for materials, labor, and energy on the

[[Page 8056]]

production experience of one of its member companies.\30\ The 
petitioner maintains that the production process for soil pipe is 
similar regardless of whether the product is produced in the United 
States or in China.\31\ The petitioner valued the estimated FOPs using 
surrogate values from Brazil.
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    \30\ Id. at 5-6 and Exhibit II-7. See also AD Supplemental 
Response at 3 and Exhibit 2.
    \31\ Id.
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Valuation of Raw Materials

    The petitioner valued direct materials based on publicly-available 
import data for Brazil obtained from the Global Trade Atlas (GTA) for 
the period July 2017 through December 2017.\32\ The petitioner excluded 
all import data from countries previously determined by Commerce to 
maintain export subsidies and countries previously determined by 
Commerce to be NME countries.\33\
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    \32\ See Volume II of the Petition at 5-6 and Exhibit II-9.
    \33\ Id.
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Valuation of Labor

    The petitioner relied on June through November 2017 data published 
by the Instituto Brasilero de Geografia e Estatistica for wage rates in 
manufacturing.\34\
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    \34\ Id. at 7 and Exhibit II-12.
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Valuation of Energy

    The petitioner valued natural gas and coke using GTA import 
data.\35\ The petitioner valued electricity using POI values reported 
in Brazil's Ministry of Mines and Energy Monthly Energy Bulletin.\36\
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    \35\ Id. at 7 and Exhibit II-9.
    \36\ Id. at 7 and Exhibit II-11.
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Valuation of Factory Overhead, Selling, General and Administrative 
Expenses, and Profit

    The petitioner calculated ratios for overhead, selling, general, 
and administrative expenses, and profit based on the 2015 consolidated 
financial statements of Tupy SA, a cast iron products producer in 
Brazil.\37\
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    \37\ Id. at 7-8 and Exhibit II-13.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of soil pipe from China are being, or are likely 
to be, sold in the United States at less-than-fair value. Based on 
comparisons of EP to NV, in accordance with section 773(c) of the Act, 
the estimated dumping margin for soil pipe from China is 93.32 
percent.\38\
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    \38\ See AD Supplemental Response at 7 and Exhibit 6.
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Initiation of Less-Than-Fair Value Investigation

    Based upon the examination of the AD Petition on soil pipe from 
China, we find that the Petition meets the requirements of section 732 
of the Act. Therefore, we are initiating an AD investigation to 
determine whether imports of soil pipe from China are being, or are 
likely to be, sold in the United States at less-than-fair value. In 
accordance with section 733(b)(1)(A) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determination no later than 140 days after the date of this initiation.
    Under the Trade Preferences Extension Act of 2015, numerous 
amendments to the AD and CVD laws were made.\39\ The 2015 law does not 
specify dates of application for those amendments. On August 6, 2015, 
Commerce published an interpretative rule, in which it announced the 
applicability dates for each amendment to the Act, except for 
amendments contained in section 771(7) of the Act, which relate to 
determinations of material injury by the ITC.\40\ The amendments to 
sections 771(15), 773, 776, and 782 of the Act are applicable to all 
determinations made on or after August 6, 2015, and, therefore, apply 
to this AD investigation.\41\
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    \39\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015).
    \40\ See Dates of Application of Amendments to the Antidumping 
and Countervailing Duty Laws Made by the Trade Preferences Extension 
Act of 2015, 80 FR 46793 (August 6, 2015).
    \41\ Id. at 46794-95. The 2015 amendments may be found at 
https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
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Respondent Selection

    The petitioner named numerous companies as producers/exporters of 
soil pipe from China.\42\ In accordance with our standard practice for 
respondent selection in cases involving NME countries, we intend to 
issue quantity and value (Q&V) questionnaires to producers/exporters of 
merchandise subject to this investigation. In the event Commerce 
determines that the number of companies is large and it cannot 
individually examine each company, where appropriate, Commerce intends 
to select mandatory respondents based on the responses received.\43\ 
For this investigation, Commerce will request Q&V information from 
known exporters and producers identified, with complete contact 
information, in the Petition. In addition, Commerce will post the Q&V 
questionnaire along with filing instructions on the Enforcement & 
Compliance website at http://www.trade.gov/enforcement/news.asp.
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    \42\ See Volume I of the Petition at Exhibit I-6.
    \43\ See, e.g., Carton-Closing Staples from the People's 
Republic of China: Initiation of Less-Than-Fair-Value Investigation, 
82 FR 19351 (April 27, 2017).
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    Exporters/producers of soil pipe from China that do not receive Q&V 
questionnaires by mail may still submit a response to the Q&V 
questionnaire and can obtain a copy from the Enforcement & Compliance 
website. The Q&V response must be submitted by all Chinese exporters/
producers no later than February 26, 2018. All Q&V responses must be 
filed electronically via ACCESS.

Separate Rates

    In order to obtain separate rate status in an NME investigation, 
exporters and producers must submit a separate-rate application.\44\ 
The specific requirements for submitting a separate-rate application 
are outlined in detail in the application itself, which is available on 
Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate application will be due 30 days after 
publication of this initiation notice.\45\ Exporters and producers who 
submit a separate-rate application and are selected as mandatory 
respondents will be eligible for consideration for separate-rate status 
only if they respond to all parts of Commerce's AD questionnaire as 
mandatory respondents. Commerce requires that respondents submit a 
response to both the Q&V questionnaire and the separate-rate 
application by their respective deadlines in order to receive 
consideration for separate-rate status.
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    \44\ See Policy Bulletin 05.1: Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving Non-Market Economy Countries (April 5, 2005), available at 
http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 
05.1).
    \45\ Although in past investigations this deadline was 60 days, 
consistent with 19 CFR 351.301(a), which states that ``the Secretary 
may request any person to submit factual information at any time 
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that the Department will now 
assign in its NME Investigation will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the

[[Page 8057]]

period of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is 
referred to as the application of ``combination rates'' because such 
rates apply to specific combinations of exporters and one or more 
producers. The cash-deposit rate assigned to an exporter will apply 
only to merchandise both exported by the firm in question and 
produced by a firm that supplied the exporter during the period of 
investigation.\46\
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    \46\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the Government of China (GOC) via ACCESS. Because of the 
large number of producers/exporters identified in the Petition,\47\ 
Commerce considers the service of the public version of the Petition to 
the foreign producers/exporters satisfied by delivery of the public 
version to the GOC, consistent with 19 CFR 351.203(c)(2).
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    \47\ See Volume I of the Petition at Exhibit I-4.
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ITC Notification

    We will notify the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of soil pipe from China are materially 
injuring, or threatening material injury to, a U.S. industry.\48\ A 
negative ITC determination will result in the investigation being 
terminated; \49\ otherwise, this investigation will proceed according 
to statutory and regulatory time limits.
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    \48\ See section 733(a) of the Act.
    \49\ Id.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i) through (iv). The regulation requires any 
party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
and, if the information is submitted to rebut, clarify, or correct 
factual information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. Time limits for the 
submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Parties are advised to review the 
regulations prior to submitting factual information in this 
investigation.

Extension of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301. For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in the letter or memorandum setting 
forth the deadline (including a specified time) by which extension 
requests must be filed to be considered timely. An extension request 
must be made in a separate, stand-alone submission; under limited 
circumstances we will grant untimely-filed requests for the extension 
of time limits. Review Extension of Time Limits; Final Rule, 78 FR 
57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual 
information in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\50\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\51\ \52\ Commerce intends to reject factual submissions if 
the submitting party does not comply with the applicable revised 
certification requirements.
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    \50\ See section 782(b) of the Act.
    \51\ See also Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
    \52\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
Administrative Protective Order (APO) in accordance with 19 CFR 
351.305. On January 22, 2008, Commerce published Antidumping and 
Countervailing Duty Proceedings: Documents Submission Procedures; APO 
Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to 
participate in this investigation should ensure that they meet the 
requirements of these procedures (e.g., the filing of letters of 
appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act.

    Dated: February 15, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigation

    The merchandise covered by this investigation is cast iron soil 
pipe, whether finished or unfinished, regardless of industry or 
proprietary specifications, and regardless of wall thickness, 
length, diameter, surface finish, end finish, or stenciling. The 
scope of this investigation includes, but is not limited to, both 
hubless and hub and spigot cast iron soil pipe. Cast iron soil pipe 
is nonmalleable iron pipe of various designs and sizes. Cast iron 
soil pipe is generally distinguished from other types of 
nonmalleable cast iron pipe by the manner in which it is connected 
to cast iron soil pipe fittings.
    Cast iron soil pipe is classified into two major types--hubless 
and hub and spigot. Hubless cast iron soil pipe is manufactured 
without a hub, generally in compliance with Cast Iron Soil Pipe 
Institute (CISPI) specification 301 and/or American Society for 
Testing and Materials (ASTM) specification A888, including any 
revisions to those specifications. Hub and spigot pipe has one or 
more hubs into which the spigot (plain end) of a fitting is 
inserted. All pipe meeting the physical description set forth above 
is covered by the scope of this investigation, whether or not 
produced according to a particular standard.
    The subject imports are currently classified in subheading 
7303.00.0030 of the Harmonized Tariff Schedule of the United States 
(HTSUS): Cast iron soil pipe. The HTSUS subheading and 
specifications are provided for convenience and customs

[[Page 8058]]

purposes only; the written description of the scope of this 
investigation is dispositive.

[FR Doc. 2018-03751 Filed 2-22-18; 8:45 am]
 BILLING CODE 3510-DS-P