[Federal Register Volume 86, Number 20 (Tuesday, February 2, 2021)]
[Notices]
[Pages 7852-7854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02152]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-063]


Cast Iron Soil Pipe Fittings From the People's Republic of China: 
Final Results of Countervailing Duty Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) determines that certain 
producers and/or exporters of cast iron soil pipe fittings (soil pipe 
fittings) from the People's Republic of China (China), received 
countervailable subsidies during the period of review (POR) December 
19, 2017, through December 31, 2018.

DATES: Applicable February 2, 2021.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or Joseph Dowling, 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) 482-5973 or (202) 
482-1646, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of the administrative 
review in the Federal Register on October 23, 2020.\1\ We invited 
interested parties to comment on the Preliminary Results.
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    \1\ See Cast Iron Soil Pipe Fittings from the People's Republic 
of China: Preliminary Results of Countervailing Duty Administrative 
Review, 85 FR 67515 (October 23, 2020) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
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    On November 23, 2020, we received a case brief from Wor-Biz 
Industrial Product Co., Limited (Anhui) (Wor-Biz).\2 3\ On November 30, 
2020, we

[[Page 7853]]

received a rebuttal brief from the petitioner.\4\ For a complete 
description of the events that occurred since the Preliminary Results, 
see the Issues and Decision Memorandum.\5\
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    \2\ On January 8, 2020, Commerce published its final 
determination in a changed circumstances review, finding that Wor-
Biz Industrial Product Co., Ltd. (Anhui) is the successor in 
interest to Wor-Biz Trading Co., Ltd. (Anhui). See Cast Iron Soil 
Pipe Fittings from the People's Republic of China: Final Results of 
Changed Circumstances Reviews, 85 FR 881 (January 8, 2020).
    \3\ See Wor-Biz's Letter, ``Cast Iron Soil Pipe Fittings from 
the People's Republic of China: Comments on Preliminary Results,'' 
dated November 23, 2020.
    \4\ See Petitioner's Letter, ``Cast Iron Soil Pipe Fittings from 
the People's Republic of China: Rebuttal Brief, dated November 30, 
2020. The petitioner in this review is the Cast Iron Soil Pipe 
Institute, which is a trade association, whose members are all 
domestic producers of cast iron soil pipe fittings.
    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2017-2018 Countervailing Duty Administrative 
Review of Cast Iron Soil Pipe Fittings from the People's Republic of 
China,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
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Scope of the Order \6\
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    \6\ See Cast Iron Soil Pipe Fittings from the People's Republic 
of China: Countervailing Duty Order, 83 FR 44566 (August 31, 2018) 
(Order).
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    The product covered by the Order is cast iron soil pipe fittings 
from China. For a complete description of the scope of the Order, see 
the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised by parties in the case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum. A list of the issues 
addressed in the Issues and Decision Memorandum is provided in the 
appendix to this notice. The Issues and 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 Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the case and rebuttal briefs, and the 
evidence on the record, Commerce made no changes to the preliminary 
results.

Methodology

    Commerce conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we find that there is a 
subsidy, i.e., a government-provided financial contribution that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\7\ The Issues and Decision Memorandum contains a full 
description of the methodology underlying Commerce's conclusions, 
including any determination that relied upon the use of adverse facts 
available (AFA) pursuant to sections 776(a) and (b) of the Act.
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    \7\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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Rate for Non-Selected Companies Under Review

    There are nine companies for which a review was requested, but 
which were not selected as mandatory respondents or found to be cross-
owned with a mandatory respondent. For these nine companies, we applied 
the subsidy rate calculated for Wor-Biz, as the only rate calculated 
for a mandatory respondent that was above de minimis and not based 
entirely on facts available. This methodology for establishing the 
subsidy rate for the non-selected companies is consistent with our 
practice and with section 705(c)(5)(A) of the Act.

Final Results of Administrative Review

    In accordance with 19 CFR 351.221(b)(4)(i), we calculated a 
countervailable subsidy rate for the mandatory respondent Wor-Biz. We 
determined the countervailable subsidy rate for Qinshui Shunshida 
Casting Co., Ltd. based entirely on AFA, in accordance with section 776 
of the Act. We also assigned an individual estimated subsidy rate based 
on AFA to entries produced or exported by Wor-Biz's unaffiliated 
supplier, Wuhu Best Machines Co., Ltd., in accordance with section 776 
of the Act. Therefore, the only rate that is not zero, de minimis, or 
based entirely on facts otherwise available is the rate calculated for 
Wor-Biz. Consequently, as discussed above, the rate calculated for Wor-
Biz is also assigned as the rate for all other producers and exporters 
subject to this review but not selected for individual examination 
(i.e., non-selected companies).
    We find the countervailable subsidy rates for the mandatory and 
non-selected respondents under review to be as follows:

------------------------------------------------------------------------
                                                                Subsidy
                      Producer/exporter                          rate
                                                               (percent)
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Qinshui Shunshida Casting Co., Ltd..........................      109.32
Wor-Biz Industrial Product Co., Ltd. (Anhui)................    \8\ 5.13
Wuhu Best Machines Co., Ltd.................................      109.32
Non-Selected Companies Under Review:
    Dalian Lino F.T.Z. Co., Ltd.............................        5.13
    Dalian Metal I/E Co., Ltd...............................        5.13
    Dinggin Hardware (Dalian) Co., Ltd......................        5.13
    Golden Orange International Ltd.........................        5.13
    Hebei Metals & Engineering Products Trading Co., Ltd....        5.13
    Richang Qiaoshan Trade Co., Ltd.........................        5.13
    Shanxi Zhongrui Tianyue Trading Co., Ltd................        5.13
    Shijiazhuang Asia Casting Co., Ltd......................        5.13
    Yangcheng County Huawang Universal......................        5.13
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Assessment Rates

    Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S. 
Customs and Border Protection (CBP) shall assess, countervailing duties 
on all appropriate entries  of subject merchandise in accordance with 
the final results of this review, for the above-listed companies at the 
applicable ad valorem assessment rates listed. Consistent with its 
recent notice,\9\ Commerce intends to issue assessment instructions to 
CBP no earlier than 35 days after the date of publication of the final 
results of this review in the Federal Register. If a timely summons is 
filed at the U.S. Court of International Trade, the assessment 
instructions will direct CBP not to liquidate relevant entries until 
the time for parties to file a request for a statutory injunction has 
expired (i.e., within 90 days of publication).
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    \8\ This rate applies to subject merchandise exported by Wor-Biz 
Industrial Product Co., Ltd. (Anhui) and produced by companies other 
than Wuhu Best Machines Co., Ltd.
    \9\ See Notice of Discontinuation of Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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Cash Deposit Instructions

    In accordance with section 751(a)(2)(C) of the Act, Commerce also 
intends to instruct CBP to collect cash deposits of estimated 
countervailing duties in the amounts shown for each of the respective 
companies listed above on shipments of subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this

[[Page 7854]]

administrative review. For all non-reviewed firms, we will instruct CBP 
to continue to collect cash deposits of estimated countervailing duties 
at the most recent company-specific or all-others rate applicable to 
the company, as appropriate. These cash deposit requirements, effective 
upon publication of these final results, shall remain in effect until 
further notice.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction 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 terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(5).

    Dated: January 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Subsidies Valuation Information
VI. Changes Since the Preliminary Results
VII. Use of Facts Otherwise Available
VIII. Analysis of Programs
IX. Analysis of Comments
    Comment 1: Whether To Use the Value-Added Tax (VAT) Rates 
Provided by Wor-Biz or the Government of China
    Comment 2: Whether To Adjust the Electricity for Less-Than-
Adequate-Remuneration (LTAR) Calculation To Reflect a VAT-Exclusive 
Subsidy Rate
X. Recommendation

[FR Doc. 2021-02152 Filed 2-1-21; 8:45 am]
BILLING CODE 3510-DS-P