[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)]
[Notices]
[Pages 10839-10841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05022]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-828]


Stainless Steel Butt-Weld Pipe Fittings From Italy: Preliminary 
Results of Antidumping Duty Administrative Review; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that sales of subject merchandise by Filmag Italia Spa (Filmag) were 
not made at less than normal value during the period of review (POR) 
February 1, 2016, through January 31, 2017. Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable March 13, 2018.

FOR FURTHER INFORMATION CONTACT: John Drury or Kent Boydston, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0195 or (202) 482-5649, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On April 10, 2017, Commerce published in the Federal Register the 
notice of initiation of an administrative review of the AD order on 
stainless steel butt-weld pipe fittings (SSBW pipe fittings) from Italy 
for the period February 1, 2016, through January 31, 2017.\1\ Commerce 
initiated a review with respect to one company, Filmag. On October 31, 
2017, Commerce extended the preliminary results of review until January 
2, 2018.\2\ On December 28, 2017, Commerce extended the preliminary 
results of review until February 28, 2018.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 17188 (April 10, 2017).
    \2\ See Memorandum to James Maeder, Senior Director performing 
the duties of Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, from John K. Drury, International 
Trade Compliance Analyst, Office VI, ``Stainless Steel Butt-Weld 
Pipe Fittings from Italy: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review; 2016-2017,'' 
dated October 31, 2017.
    \3\ See Memorandum to Edward Yang, Senior Director, Office VII, 
from Kent Boydston, International Trade Compliance Analyst, Office 
VI, ``Stainless Steel Butt-Weld Pipe Fittings from Italy: Extension 
of Deadline for Preliminary Results of Antidumping Duty 
Administrative Review; 2016-2017,'' dated December 28, 2017.
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    Commerce exercised its discretion to toll all deadlines affected by 
the closure of the Federal Government from January 20 through 22, 2018. 
If the new deadline falls on a non-business day, in accordance with 
Commerce's practice, the deadline will become the next business day. 
The revised deadline for the final results of this review is now March 
5, 2018.\4\
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    \4\ See Memorandum for The Record from Christian Marsh, Deputy 
Assistant Secretary for Enforcement and Compliance, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance, ``Deadlines Affected by the Shutdown of 
the Federal Government'' (Tolling Memorandum), dated January 23, 
2018. All deadlines in this segment of the proceeding have been 
extended by 3 days.
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Scope of the Order

    The merchandise covered by the order is certain stainless steel 
butt-weld pipe fittings from Italy.\5\ Stainless steel butt-weld pipe 
fittings are under 14 inches in outside diameter (based on nominal pipe 
size), whether finished or unfinished. The product encompasses all 
grades of stainless steel and ``commodity'' and ``specialty'' fittings. 
Specifically excluded from the definition are threaded, grooved, and 
bolted fittings, and fittings made from any material other than 
stainless steel.
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    \5\ See Antidumping Duty Orders: Stainless Steel Butt-Weld Pipe 
Fittings from Italy, Malaysia, and the Philippines, 66 FR 11257 
(February 23, 2001).
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    The butt-weld fittings subject to the order are currently 
classifiable under subheading 7307.23.0000 of the Harmonized Tariff 
Schedule of the United States (HTSUS). Although the HTSUS subheading is 
provided for convenience and customs purposes, the written description 
of the scope of the order is dispositive. A full description of the 
scope of the order is contained in the memorandum from Christian Marsh, 
Deputy Assistant Secretary for

[[Page 10840]]

Enforcement and Compliance, to Gary Taverman, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
performing the non-exclusive functions and duties of the Assistant 
Secretary for Enforcement and Compliance, titled ``Decision Memorandum 
for Preliminary Results of Antidumping Duty Administrative Review: 
Stainless Steel Butt-Weld Pipe Fittings from Italy; 2016-2017'' 
(Preliminary Decision Memorandum), which is issued concurrent with 
these results and hereby adopted by this notice.

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Export price has been calculated in accordance with section 772 of the 
Act. Normal value has been calculated in accordance with section 773 of 
the Act. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.
    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 to ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. A list of topics discussed in the Preliminary Decision 
Memorandum is attached as an Appendix to this notice. The signed 
Preliminary Decision Memorandum and the electronic versions of the 
Preliminary Decision Memorandum are identical in content.

Preliminary Results of Review

    We preliminarily determine that, for the period February 1, 2016, 
through January 31, 2017, the following dumping margin exists:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Manufacturer/exporter                       margin
                                                               (percent)
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Filmag Italia Spa...........................................        0.00
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Disclosure and Public Comment

    Commerce intends to disclose to parties to the proceeding any 
calculations performed in connection with these preliminary results of 
review within five days after the date of publication of this 
notice.\6\ Interested parties may submit case briefs to Commerce in 
response to these preliminary results no later than 30 days after the 
publication of these preliminary results.\7\ Rebuttal briefs, the 
content of which is limited to the issues raised in the case briefs, 
must be filed within five days from the deadline date for the 
submission of case briefs.\8\
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    \6\ See 19 CFR 351.224(b).
    \7\ See 19 CFR 351.309(c)(1)(ii).
    \8\ See 19 CFR 351.309(d)(1) and (2).
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    Parties who submit arguments in this proceeding are requested to 
submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\9\ Case and 
rebuttal briefs should be filed using ACCESS.\10\ Case and rebuttal 
briefs must be served on interested parties.\11\ Executive summaries 
should be limited to five pages total, including footnotes.
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    \9\ See 19 CFR 351.309(c)(2).
    \10\ See generally 19 CFR 351.303.
    \11\ See 19 CFR 351.303(f).
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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 within 30 days of the date of 
publication of this notice. Requests should contain: (1) The party's 
name, address and telephone number; (2) the number of participants; and 
(3) a list of issues parties intend to discuss. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs. If a request for a hearing is made, Commerce intends 
to hold the hearing at the U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230, at a date and time to be 
determined.\12\ Parties should confirm the date, time, and location of 
the hearing by telephone two days before the scheduled date.
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    \12\ See 19 CFR 351.310(d).
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    Commerce intends to publish the final results of this 
administrative review, including the results of its analysis of issues 
addressed in any case or rebuttal brief, no later than 120 days after 
publication of these preliminary results, unless extended.\13\
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    \13\ See section 751(a)(3)(A) of the Act; 19 CFR 351.213(h).
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Assessment Rates

    Upon issuance of the final results in this administrative review, 
Commerce shall determine, and Customs and Border Protection (CBP) shall 
assess, antidumping duties on all appropriate entries.\14\ If Filmag's 
weighted-average dumping margin is not zero or de minimis in the final 
results of this review, we will calculate importer- or customer-
specific ad valorem assessment rates for the merchandise based on the 
ratio of the total amount of antidumping duties calculated for the 
examined sales made during the period of review to the total customs 
value of the sales used to calculate those duties in accordance with 19 
CFR 351.212(b)(1). Where an importer-specific ad valorem assessment 
rate is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties in accordance 
with 19 CFR 351.106(c)(2). If the respondent's weighted-average dumping 
margin is zero or de minimis in the final results of review, we will 
instruct CBP liquidate the appropriate entries without regard to duties 
in accordance with the Final Modification for Reviews, i.e., 
``{w{time} here the weighted-average margin of dumping for the exporter 
is determined to be zero or de minimis, no antidumping duties will be 
assessed.'' \15\
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    \14\ See 19 CFR 351.212(b)(1).
    \15\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews).
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    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review 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 by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for Filmag will be 
that established in the final results of this administrative review; 
(2) for previously reviewed or investigated companies, the cash deposit 
rate will continue to be the company-specific rate published for the 
most recent period; (3) if the exporter is not a firm covered in this 
review, a prior review, or in the investigation but the manufacturer 
is, the cash deposit rate will be the rate established for the most 
recent review period for the manufacturer of the merchandise; and (4) 
the cash deposit rate for all other manufacturers or exporters will 
continue to be the all-others rate of 26.59 percent, the rate 
established in the

[[Page 10841]]

investigation of this proceeding.\16\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \16\ See Notice of Final Determination of Sales at Less Than 
Fair Value: Stainless Steel Butt-Weld Pipe Fittings from Italy, 65 
FR 81830 (December 27, 2000).
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Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: March 5, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

1. Background
2. Scope of the Order
3. Date of Sale
4. Comparisons to Normal Value
    A. Product Comparisons
    B. Determination of Comparison Method
    C. Export Price
    D. Normal Value
    1. Home Market Viability
    2. Level of Trade
    3. Cost of Production
    4. Calculation of Normal Value Based on Comparison Market Prices
    5. Price-to-Constructed Value Comparison
    E. Currency Conversion
5. Recommendation

[FR Doc. 2018-05022 Filed 3-12-18; 8:45 am]
BILLING CODE 3510-DS-P