[Federal Register Volume 84, Number 76 (Friday, April 19, 2019)]
[Notices]
[Pages 16464-16465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07924]



[[Page 16464]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-828]


Stainless Steel Butt-Weld Pipe Fittings From Italy: Preliminary 
Results and Partial Rescission of Antidumping Duty Administrative 
Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
Filmag Italia Spa (Filmag) did not make sales of stainless steel butt-
weld pipe fittings (SSBW pipe fittings) from Italy at less than normal 
value during the period of review (POR) February 1, 2017, through 
January 31, 2018. In addition, we are rescinding the review in part 
with respect to one company for which the request for review was timely 
withdrawn. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable April 19, 2019.

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 16, 2018, Commerce published in the Federal Register the 
notice of initiation of an administrative review of the AD order on 
SSBW pipe fittings from Italy for the period February 1, 2017, through 
January 31, 2018.\1\ Commerce initiated a review with respect to two 
companies, Filmag and Tectubi Raccordi Spa (Tectubi). On April 26, 
2018, Tectubi certified that it had no shipments of subject merchandise 
to the United States during the review period. On May 14, 2018, the 
petitioners, Core Pipe Products, Inc., Shaw Alloy Piping Products, LLC, 
and Taylor Forge Stainless Inc., withdrew their request for an 
administrative review of Tectubi.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 16298 (April 16, 2018).
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    On October 31, 2018, Commerce extended the preliminary results of 
review until February 8, 2019.\2\ Additionally, Commerce exercised its 
discretion to toll all deadlines affected by the partial federal 
government closure from December 22, 2018, through the resumption of 
operations on January 29, 2019. If the new deadline falls on a non-
business day, in accordance with Commerce's practice, the deadline will 
become the next business day.\3\ On March 15, 2019, Commerce extended 
the preliminary results of review until April 9, 2019.
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    \2\ See Memorandum to James Maeder, Associate Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations 
performing the duties of Deputy Assistant Secretary for Antidumping 
and Countervailing Duty Operations, from Kent C. 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; 2017-
2018,'' dated October 31, 2018.
    \3\ See Memorandum to the file from 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 regarding 
``Deadlines Affected by the Partial Shutdown of the Federal 
Government,'' dated January 28, 2019. All deadlines in this segment 
of the proceeding have been extended by 40 days.
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    For a complete description of the events that followed the 
initiation of the review, see the Preliminary Decision Memorandum.\4\ A 
list of topics included in the Preliminary Decision Memorandum is 
included at the Appendix 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 https://access.trade.gov and to all parties in the 
Central Records Unit, located in Room B8094 of the main Department of 
Commerce building. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the Preliminary Decision Memorandum are identical in content.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review: Stainless 
Steel Butt-Weld Pipe Fittings from Italy,'' dated concurrently with 
this notice (Preliminary Decision Memorandum).
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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\ A full description of the scope 
of the order is contained in the Preliminary Decision Memorandum, which 
is issued concurrently with these results and hereby adopted by this 
notice.
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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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Partial Rescission of Administrative Review

    In the Initiation Notice, we initiated a review of two companies. 
Subsequently, the petitioner withdrew its request for review of 
Tectubi. No other parties had requested a review of this company. Thus, 
in response to the petitioner's timely filed withdrawal request and 
pursuant to 19 CFR 351.213(d)(1), we are rescinding the administrative 
review with respect to Tectubi.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. In addition, Commerce has relied on partial 
adverse facts available under section 776(a)-(b) of the Act. For a full 
description of the methodology underlying the preliminary results, see 
the Preliminary Decision Memorandum.

Preliminary Results of Review

    We preliminarily determine that, for the period February 1, 2017, 
through January 31, 2018, the following dumping margin exists:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                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\ and must be served on

[[Page 16465]]

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 completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\14\ The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future deposits of estimated 
duties, where applicable.\15\ We intend to issue instructions to CBP 15 
days after the publication date of the final results of this review.
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    \14\ See 19 CFR 351.212(b).
    \15\ See section 751(a)(2)(C) of the Act.
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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 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: April 9, 2019.
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. Summary
2. Background
3. Scope of the Order
4. Application of Partial Facts Available and Use of Adverse 
Inference
5. Application of Partial Adverse Facts Available (AFA) Due to 
Unreported Commission Expenses
6. Partial Rescission of Administrative Review
7. Discussion of the Methodology
    A. Comparisons to Normal Value
    B. Product Comparisons
    a. Determination of Comparison Method
    b. Results of Differential Pricing Analysis
    C. Date of Sale
    D. Export Price
    E. Normal Value
    a. Home Market Viability
    b. Level of Trade
    c. Cost of Production
    1. Calculation of Cost of Production
    2. Test of Comparison Market Sales Prices
    3. Results of the Cost of Production Test
    d. Calculation of Normal Value Based on Comparison Market Prices
    e. Price-to-Constructed Value Comparison
    F. Currency Conversion
8. Recommendation

[FR Doc. 2019-07924 Filed 4-18-19; 8:45 am]
 BILLING CODE 3510-DS-P