[Federal Register Volume 85, Number 142 (Thursday, July 23, 2020)]
[Notices]
[Pages 44503-44505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15986]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-863]
Forged Steel Fittings From Taiwan: Preliminary Intent To Rescind
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 Both-Well Steel Fittings, Co., Ltd. (Bothwell), the sole company
under review, did not have any reviewable entries during the period of
review (POR) May 17, 2018 through August 31, 2019. Thus, Commerce is
preliminarily rescinding this review. We invite interested parties to
comment on these preliminary results.
DATES: Applicable July 23, 2020.
FOR FURTHER INFORMATION CONTACT: George Ayache or Samuel Glickstein,
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) 482-2623
or (202) 482-5307, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the notice of initiation of this review on
November 12, 2019.\1\ On April 24, 2020, Commerce tolled all deadlines
in administrative reviews by 50 days, thereby extending the deadline
for these preliminary results until July 21, 2020.\2\ For a
[[Page 44504]]
complete discussion of the background of this review, see the
Preliminary Decision Memorandum.\3\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 61011 (November 12, 2019).
\2\ 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.
\3\ See Decision Memorandum for the Preliminary Intent to
Rescind the Antidumping Duty Administrative Review of Forged Steel
Fittings from Taiwan; 2018-2019 (Preliminary Decision Memorandum),
dated concurrently with, and hereby adopted by, this notice.
---------------------------------------------------------------------------
Scope of the Order
The products covered by the scope of this order are 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, and
outlets. Forged steel fittings are covered regardless of end finish,
whether threaded, socket-weld or other end connections. The subject
merchandise is currently classifiable under item numbers 7307.99.1000,
7307.99.3000, 7307.99.5045, and 7307.99.5060 of the Harmonized Tariff
Schedule of the United States (HTSUS). Although the HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the merchandise is dispositive.\4\
---------------------------------------------------------------------------
\4\ For a complete description of the scope of the order, see
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
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).
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 http://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 electronic
versions of the Preliminary Decision Memorandum are identical in
content. A list of the topics discussed in the Preliminary Decision
Memorandum is attached as an appendix to this notice.
Preliminary Intent To Rescind
It is Commerce's practice to rescind an administrative review
pursuant to 19 CFR 351.213(d)(3) when there are no reviewable entries
of subject merchandise during the POR subject to the antidumping duty
order and for which liquidation is suspended.\5\ At the end of the
administrative review, the suspended entries are liquidated at the
assessment rate computed for the review period.\6\ Therefore, for an
administrative review to be conducted, there must be a reviewable,
suspended entry to be liquidated at the newly calculated assessment
rate. As discussed in the Preliminary Decision Memorandum, we
preliminarily find that, because all of entries associated with
Bothwell's reported sales of subject merchandise during the POR were
liquidated by U.S. Customs and Border Protection (CBP), Bothwell had no
reviewable entries during this POR. Accordingly, we preliminarily
intend to rescind this review pursuant to 19 CFR 351.213(d)(3).
---------------------------------------------------------------------------
\5\ See, e.g., Solid Fertilizer Grade Ammonium Nitrate from the
Russian Federation: Notice of Rescission of Antidumping Duty
Administrative Review, 77 FR 65532 (October 29, 2012).
\6\ See 19 CFR 351.212(b)(l).
---------------------------------------------------------------------------
Public Comment
Interested parties may submit case briefs to Commerce no later than
30 days after the date of publication of this notice.\7\ Rebuttal
briefs, limited to issues raised in the case briefs, may be filed no
later than seven days after the date for filing case briefs.\8\ Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\9\ 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.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.309(c)(1)(ii).
\8\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\9\ See Temporary Rule.
---------------------------------------------------------------------------
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's electronic records system, ACCESS,\10\ and
must also be served on interested parties.\11\ An electronically filed
document must be received successfully in its entirety on ACCESS, by
5:00 p.m. Eastern Time on the date that the document is due.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.303.
\11\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, using ACCESS within 30 days of
publication of this notice.\12\ Requests should contain: (1) The
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to issues 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 time and date to be
determined. Parties should confirm by telephone the date, time and
location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------
\12\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of issues raised in any written briefs, not later than 120
days after the date of publication of this notice.
Assessment Rates
If Commerce proceeds to a final rescission of this administrative
review, the assessment rate for Bothwell's shipments will not be
affected by this review. If Commerce does not proceed to a final
rescission of this administrative review, pursuant to 19 CFR
351.212(b)(1), we will calculate importer-specific (or customer-
specific) assessment rates based on the final results of this review.
Cash Deposit Requirements
If Commerce proceeds to a final rescission of this administrative
review, Bothwell's cash deposit rate will continue to 116.17 percent,
its final rate from the investigation. If Commerce does not proceed to
a final rescission of this administrative review, but calculates a
dumping margin for Bothwell, we will instruct CBP to collect a cash
deposit, effective upon the date of publication of the final results,
at the dumping rate calculated for Bothwell.
Notification to Importers
This notice 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.
[[Page 44505]]
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(l) and 777(i)(l) of the Act, and 19 CFR
351.221(b)(4).
Dated: July 17, 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. Scope of the Order
IV. Status of Bothwell's Sales
V. Recommendation
[FR Doc. 2020-15986 Filed 7-22-20; 8:45 am]
BILLING CODE 3510-DS-P