[Federal Register Volume 85, Number 119 (Friday, June 19, 2020)]
[Notices]
[Pages 37109-37111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13267]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-631 and 731-TA-1463-1464 (Final)]
Forged Steel Fittings From India and Korea; Scheduling of the
Final Phase of Countervailing Duty and Anti-Dumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-631 and 731-TA-1463-1464 (Final) pursuant to the Tariff Act of
1930 (``the Act'') to determine whether an industry in the United
States is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of forged steel fittings from India and
Korea, provided for in subheadings 7307.92.30, 7307.92.90, 7307.93.30,
7307.93.60, 7307.93.90, 7307.99.10, 7307.99.30, and 7307.99.50 of the
Harmonized Tariff Schedule of the United States, preliminarily
determined by the Department of Commerce (``Commerce'') to be
subsidized and sold at less-than-fair-value.
DATES: May 28, 2020.
FOR FURTHER INFORMATION CONTACT: Keysha Martinez (202-205-2136), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (https://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as ``carbon and alloy forged steel fittings,
whether unfinished (commonly known as blanks or rough forgings) or
finished. Such fittings are made in a variety of shapes including, but
not limited to, elbows, tees, crosses, laterals, couplings, reducers,
caps, plugs, bushings, unions (including hammer unions), and outlets.
Forged steel fittings are covered regardless of end finish, whether
threaded, socket-weld or other end connections. The scope includes
integrally reinforced forged branch outlet fittings, regardless of
whether they have one or more ends that is a socket welding, threaded,
butt welding end, or other end connections.
While these fittings are generally manufactured to specifications
ASME B16.11, MSS SP-79, MSS SP-83, MSS-SP-97, ASTM A105, ASTM A350, and
ASTM A182, the scope is not limited to fittings made to these
specifications.
The term forged is an industry term used to describe a class of
products included in applicable standards, and it does not reference an
exclusive manufacturing process. Forged steel fittings are not
manufactured from casings. Pursuant to the applicable standards,
fittings may also be machined from bar stock or machined from seamless
pipe and tube.
All types of forged steel fittings are included in the scope
regardless of nominal pipe size (which may or may not be expressed in
inches of nominal pipe size), pressure class rating (expressed in
pounds of pressure, e.g., 2,000 or 2 M; 3,000 or 3 M; 6,000 or 6 M;
9,000 or 9 M), wall thickness, and whether or not heat treated.
Excluded from this scope are all fittings entirely made of
stainless steel. Also excluded are flanges, nipples, and all fittings
that have a maximum pressure rating of 300 pounds per square inch/PSI
or less.
Also excluded from the scope are fittings certified or made to the
following standards, so long as the fittings are not also manufactured
to the specifications of ASME B16.11, MSS SP-79, MSS SP-83, MSS SP-97,
ASTM A105, ASTM A350, and ASTM A182:
American Petroleum Institute (API) 5CT, API 5L, or API11B;
American Society of Mechanical Engineers (ASME) B16.9;
Manufacturers Standardization Society (MSS) SP-75;
Society of Automotive Engineering (SAE) J476, SAE J514,
SAE J516, SAE J517, SAE J518, SAE J1026, SAEJ1231, SAE J1453, SAE
J1926, J2044, or SAE AS 35411;
Hydraulic hose fittings (e.g., fittings used in high
pressure water cleaning applications, in the manufacture of hydraulic
engines, to connect rubber dispensing hoses to a dispensing nozzle or
grease fitting) made to ISO 12151-1, 12151-2, 12151-3, 12151-4, 12151-
5, or 12151-6;
Underwriter's Laboratories (UL) certified electrical
conduit fittings;
ASTM A153, A536, A576, or A865;
Casing Conductor Connectors made to proprietary
specifications;
Machined steel parts (e.g., couplers) that are not
certified to any specifications in this scope description and that are
not for connecting steel pipes for distributing gas and liquids;
Oil country tubular goods (OCTG) connectors (e.g., forged
steel tubular connectors for API 5L pipes or OCTG for offshore oil and
gas drilling and extraction);
Military Specification (MIL) MIL-C-4109F and MIL-F-3541;
and
International Organization for Standardization (ISO)
ISO6150-B.
Also excluded from the scope are assembled or unassembled hammer
unions that consist of a nut and two subs. To qualify for this
exclusion, the hammer union must meet each of the following criteria:
(1) The face of the nut
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of the hammer union is permanently marked with one of the following
markings: ``FIG 100,'' ``FIG 110,'' ``FIG 100C,'' ``FIG 200,'' ``FIG
200C,'' ``FIG 201,'' ``FIG 202,'' ``FIG 206,'' ``FIG 207,'' ``FIG
211,'' ``FIG 300,'' ``FIG 301,'' ``FIG 400,'' ``FIG 600,'' ``FIG 602,''
``FIG 607,'' ``FIG 1002,'' ``FIG 1003,'' ``FIG 1502,'' ``FIG 1505,''
``FIG 2002,'' or ``FIG 2202''; (2) the hammer union does not bear any
of the following markings: ``Class 3000,'' ``Class 3M,'' ``Class
6000,'' ``Class 6M,'' ``Class 9000,'' or ``Class 9M''; and (3) the nut
and both subs of the hammer union are painted.
Also excluded from the scope are component parts for hammer union
assemblies, either subs or wingnuts, marked on the wingnut and subs
with ``FIG 1002,'' ``FIG 1502,'' and ``FIG 2002,'' and with pressure
rating of 10,000 PSI or greater. These parts are made from AISI/SAE
4130, 4140 or 4340 steel and are 100 percent magnetic particle
inspected before shipment.
Also excluded from the scope are tee, elbow, cross, adapter (or
``crossover''), blast joint (or ``spacer''), blind sub, swivel joint
and pup joint which have wing nut or not. To qualify for this
exclusion, these products must meet each of the following criteria: (1)
Manufacturing and Inspection standard is API 6A or API 16C; and, (2)
body or wing nut is permanently marked with one of the following
markings: ``FIG 2002,'' ``FIG 1502,'' ``FIG 1002,'' ``FIG 602,'' ``FIG
206,'' or ``FIG any other number'' or MTR (Material Test Report) shows
these FIG numbers.
To be excluded from the scope, products must have the appropriate
standard or pressure markings and/or be accompanied by documentation
showing product compliance to the applicable standard or pressure,
e.g., ``API 5CT'' mark and/or a mill certification report.
Subject carbon and alloy forged steel fittings are normally entered
under Harmonized Tariff Schedule of the United States (HTSUS)
7307.92.3010, 7307.92.3030, 7307.92.9000, 7307.99.1000, 7307.99.3000,
7307.99.5045, and 7307.99.5060. They may also be entered under HTSUS
7307.93.3010, 7307.93.3040, 7307.93.6000, 7307.93.9010, 7307.93.9040,
7307.93.9060, and 7326.19.0010.
The HTSUS subheadings and specifications are provided for
convenience and customs purposes; the written description of the scope
is dispositive.''
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of section 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in India of forged steel fittings, and that such products are
being sold in the United States at less than fair value within the
meaning of section 733 of the Act (19 U.S.C. 1673b). The investigations
were requested in petitions filed on October 23, 2019 by Bonney Forge
Corporation (``Bonney''), Mount Union, Pennsylvania, and the United
Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers International Union (``USW''),
Pittsburgh, Pennsylvania.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, https://edis.usitc.gov.)
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on
September 30, 2020, and a public version will be issued thereafter,
pursuant to Sec. 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Thursday,
October 15, 2020. Information about the place and form of the hearing,
including about how to participate in and/or view the hearing, will be
posted on the Commission's website at https://www.usitc.gov/calendarpad/calendar.html. Interested parties should check the
Commission's website periodically for updates.
Requests to appear at the hearing should be filed in writing with
the Secretary to the Commission on or before October 8, 2020. A
nonparty who has testimony that may aid the Commission's deliberations
may request permission to present a short statement at the hearing. All
parties and nonparties desiring to appear at the hearing and make oral
presentations should participate in a prehearing conference to be held
on October 13, 2020, if deemed necessary. Oral testimony and written
materials to be submitted at the public hearing are governed by
Sec. Sec. 201.6(b)(2), 201.13(f), and 207.24 of the Commission's
rules. Parties must submit any request to present a portion of their
hearing testimony in camera no later than 7 business days prior to the
date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is October 7, 2020. Parties may also file
written testimony in connection with their presentation at the hearing,
as provided in Sec. 207.24 of the Commission's rules, and posthearing
briefs, which must conform with the provisions of Sec. 207.25 of the
Commission's rules. The deadline for
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filing posthearing briefs is October 22, 2020. In addition, any person
who has not entered an appearance as a party to the investigations may
submit a written statement of information pertinent to the subject of
the investigations, including statements of support or opposition to
the petition, on or before October 22, 2020. On November 3, 2020, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before November 5, 2020, but such
final comments must not contain new factual information and must
otherwise comply with Sec. 207.30 of the Commission's rules. All
written submissions must conform with the provisions of Sec. 201.8 of
the Commission's rules; any submissions that contain BPI must also
conform with the requirements of Sec. Sec. 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on Filing Procedures,
available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the
Commission's procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: June 16, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-13267 Filed 6-18-20; 8:45 am]
BILLING CODE 7020-02-P