[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Notices]
[Pages 37832-37834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13639]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-062]


Cast Iron Soil Pipe Fittings From the People's Republic of China: 
Preliminary Results of the Antidumping Duty Administrative Review 2018-
2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Wor-Biz Industrial Product Co., Ltd. (Anhui) (Wor-Biz), an 
exporter of cast iron soil pipe fittings (soil pipe fittings) from the 
People's Republic of China (China), sold subject merchandise in the 
United States at prices below normal value (NV) during the period of 
review (POR) February 20 2018 through July 31, 2019. We also 
preliminarily determine that Qinshui Shunshida Casting Co., Ltd. 
(Shunshida) is not eligible for a separate rate and is, therefore, part 
of the China-wide entity. We invite interested parties to comment on 
these preliminary results.

DATES: Applicable June 24, 2020.

FOR FURTHER INFORMATION CONTACT: Michael Bowen or Samantha Kinney, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-0768 or (202) 
482-2285, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 7, 2019, Commerce published a notice of initiation of an 
administrative review of the antidumping duty order on soil pipe 
fittings from China.\1\ This administrative review covers 11 companies, 
including two mandatory respondents: Wor-Biz \2\ and Shunshida. We 
preliminarily determine that sales of subject merchandise by Wor-Biz 
have been made at prices below NV. Shunshida did not respond to our 
questionnaire and has filed no submissions on the record of this 
administrative review. We therefore consider Shunshida to be part of 
the China-wide entity. In addition, we are preliminarily granting 
separate rates to five producers/exporters, including Wor-Biz.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 53411 (October 7, 2019) (Initiation 
Notice).
    \2\ On January 8, 2020, Commerce determined that Wor-Biz 
Industrial Product Co., Ltd. (Anhui) is the successor-in-interest to 
Wor-Biz Trading Co., Ltd (Anhui) and is therefore entitled to that 
company's cash deposit rate with respect to entries of subject 
merchandise. See Cast Iron Soil Pipe Fittings from the People's 
Republic of China: Final Results of Changed Circumstances Review, 85 
FR 881 (January 8, 2020).
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    On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days, thereby extending the deadline for these results 
until June 22, 2020.\3\
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    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April, 24, 2020.
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Scope of the Order \4\
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    \4\ See Cast Iron Soil Pipe Fittings from the People's Republic 
of China: Amended Final Determination of Sales at Less Than Fair 
Value and Antidumping Duty Order, 83 FR 44570 (August 31, 2018) (the 
Order).
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    The products covered by the Order are soil pipe fittings from 
China. For a complete description of the scope of this administrative 
review, see the Preliminary Decision Memorandum.\5\
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results in the Antidumping Duty Administrative Review; Cast Iron 
Soil Pipe Fittings from the People's Republic of China; 2018-2019,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).

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[[Page 37833]]

Separate Rates

    We preliminarily determine that, in addition to Wor-Biz, four 
companies not individually examined are eligible for separate rates in 
this administrative review: Dalian Lino F.T.Z. Co., Ltd., Dalian Metal 
I/E Co., Ltd., Dinggin Hardware (Dalian) Co., Ltd., and Shijiazhuang 
Asia Casting Co., Ltd.\6\
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    \6\ See Preliminary Decision Memorandum at 5-7.
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    Under section 735(c)(5)(A) of the Tariff Act of 1930, as amended 
(the Act), which refers to the establishment of the all-others rate in 
market economy less-than-fair-value investigations, and to which we 
look for guidance in determining the rate for non-individually examined 
separate rate respondents in non-market-economy (NME) administrative 
reviews, the all-others rate is normally ``an amount equal to the 
weighted average of the estimated weighted average dumping margins 
established for exporters and producers individually investigated, 
excluding any zero and de minimis margins, and any margins determined 
entirely {on the basis of facts available (FA){time} .'' For the 
preliminary results of this administrative review, Commerce has 
calculated an estimated dumping margin only for Wor-biz.\7\ Because the 
estimated dumping margin for Wor-biz is the only available calculated 
margin for this POR, we are assigning this rate to all eligible non-
selected respondents who qualify for a separate rate in this 
administrative review.
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    \7\ See Memorandum, ``Preliminary Margin Calculation for Wor-Biz 
Industrial Product Co., Ltd. (Anhui),'' dated concurrently with this 
notice. See also Preliminary Decision Memorandum at 13-23.
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The China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\8\ Under this policy, the 
China-wide entity will not be under review unless a party specifically 
requests, or Commerce self-initiates, a review of the entity. Because 
no party requested a review of the China-wide entity, the entity is not 
under review, and the entity's rate is not subject to change.
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    \8\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
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    Commerce considers all companies for which a review was requested 
and which did not demonstrate separate rate eligibility to be part of 
the China-wide entity.\9\ For the preliminary results of this review, 
we consider the following six companies including Shunshida to be part 
of the China-wide entity: Golden Orange International Ltd., Hebei 
Metals & Engineering Products Trading Co., Ltd., Qinshui Shunshida 
Casting Co., Ltd., Richang Qiaoshan Trade Co., Ltd., Shanxi Zhongrui 
Tianyue Trading Co., Ltd., and Yangcheng Country Huawang Universal. For 
additional information, see the Preliminary Decision Memorandum.
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    \9\ See Initiation Notice, 84 FR at 53412 (``All firms listed 
below that wish to qualify for separate rate status in the 
administrative reviews involving NME countries must complete, as 
appropriate, either a separate rate application or certification, as 
described below.'').
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Methodology

    We are conducting this review in accordance with section 
751(a)(1)(B) of the Act and 19 CFR 351.213. We calculated export prices 
for Wor-Biz in accordance with section 772(a) of the Act. Because China 
is an NME within the meaning of section 771(18) of the Act, we 
calculated NV in accordance with section 773(c) of the Act. 
Additionally, as discussed above, we are considering Shunshida to be 
part of the China-wide entity.
    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 is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed at 
http://enforcement.trade.gov/frn/index.html. The signed and the 
electronic versions of the Preliminary Decision Memorandum are 
identical in content. A list of topics discussed in the Preliminary 
Decision Memorandum is included at the Appendix to this notice.

Preliminary Results of the Administrative Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the administrative review covering the period 
February 20, 2018 through July 31, 2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporters                             dumping
                                                                margin
                                                               (percent)
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Dalian Lino F.T.Z. Co., Ltd.................................       18.16
Dalian Metal I/E Co., Ltd...................................       18.16
Dinggin Hardware (Dalian) Co., Ltd..........................       18.16
Shijiazhuang Asia Casting Co., Ltd..........................       18.16
Wor-Biz Industrial Product Co., Ltd (Anhui).................       18.16
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days of the date of publication of this notice in accordance with 
19 CFR 351.224(b).
    Interested parties may submit case briefs no later than 30 days 
after the date of publication of these preliminary results of 
review.\10\ Rebuttals to case briefs, limited to issues raised in the 
case briefs, may be filed no later than seven days after the date for 
filing case briefs.\11\ Note that Commerce has modified certain of its 
requirements for serving documents containing business proprietary 
information, until July 17, 2020, unless extended.\12\ Pursuant to 19 
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
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    \10\ See 19 CFR 351.309(c).
    \11\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26, 
2020) (``To provide adequate time for release of case briefs via 
ACCESS, E&C intends to schedule the due date for all rebuttal briefs 
to be 7 days after case briefs are filed (while these modifications 
are in effect).'').
    \12\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18, 
2020).
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    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's electronic records system, ACCESS.\13\ An 
electronically filed document must be received successfully in its 
entirety by ACCESS, by 5:00 p.m. Eastern Time on the date that the 
document is due.
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    \13\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed.

[[Page 37834]]

    Unless otherwise extended, we intend to issue the final results of 
this administrative review, which will include the results of our 
analysis of the issues raised in the case briefs, within 120 days of 
publication of these preliminary results in the Federal Register, 
pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review, in accordance 
with 19 CFR 351.212(b). Commerce intends to issue assessment 
instructions to CBP 15 days after the publication of the final results 
of this review.
    For any individually examined respondent whose (estimated) ad 
valorem weighted-average dumping margin is not zero or de minimis 
(i.e., less than 0.50 percent) in the final results of this review, 
Commerce will calculate importer-specific assessment rates on the basis 
of the ratio of the total amount of dumping calculated for the 
importer's examined sales and the total quantity of those sales, in 
accordance with 19 CFR 351.212(b)(1).\14\ Commerce will also calculate 
(estimated) ad valorem importer-specific assessment rates with which to 
assess whether the per-unit importer-specific assessments rates are de 
minimis. We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review when the importer-specific 
ad valorem assessment rate calculated in the final results of this 
review is not zero or de minimis. Where either the respondent's ad 
valorem weighted-average dumping margin is zero or de minimis, or an 
importer-specific ad valorem assessment rate is zero or de minimis,\15\ 
we will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties.
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    \14\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012), for 
the assessment rate calculation method adopted in these preliminary 
results.
    \15\ See 19 CFR 351.106(c)(2).
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    For the respondents that were not selected for individual 
examination in this administrative review that qualified for a separate 
rate, the assessment rate will be the separate rate established in the 
final results of this administrative review. If, in the final results, 
this rate is zero or de minimis (i.e., less than 0.5 percent), Commerce 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties. For entries that were not reported in the U.S. 
sales databases submitted by the individually examined respondent, and 
for the six companies that did not qualify for a separate rate in the 
administrative review, Commerce will instruct CBP to liquidate such 
entries at the China-wide rate (i.e., 360.30 percent).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for all shipments of 
the subject merchandise from China entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the companies 
listed above that have a separate rate, the cash deposit rate will be 
that established in the final results; (2) for previously investigated 
or reviewed Chinese and non-Chinese exporters for which a review was 
not requested and that received a separate rate in a prior segment of 
this proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate; (3) for all Chinese exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be the rate for the China-wide entity (i.e., 
360.30 percent); and (4) for all non-Chinese exporters of subject 
merchandise that have not received their own rate, the cash deposit 
rate will be the rate applicable to the Chinese exporter that supplied 
that non-Chinese exporter. These cash deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties.
    We are issuing and publishing the preliminary results of this 
review in accordance with sections 751(a)(l), 751(a)(3), and 777(i)(l) 
of the Act and 19 CFR 351.213 and 351.221(b)(4).

    Dated: June 18, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Review
IV. Scope of the Order
V. Selection of Respondents
VI. Discussion of the Methodology
VII. Recommendation
[FR Doc. 2020-13639 Filed 6-23-20; 8:45 am]
BILLING CODE 3510-DS-P