[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Notices]
[Pages 8762-8764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02597]


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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: 
Final Results of Antidumping Duty Administrative Review; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) determines that Wor-Biz 
Industrial Product Co., Ltd. (Anhui) (Wor-Biz) \1\ has made sales of 
cast iron

[[Page 8763]]

soil pipe fittings (soil pipe fittings) from the People's Republic of 
China (China) at prices below normal value during the period of review 
(POR) February 20, 2018, through July 31, 2019. We also determine that 
Qinshui Shunsida Casting Co., Ltd. (Shunshida) is not eligible for a 
separate rate and is, therefore, part of the China-wide entity.
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    \1\ 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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DATES: Applicable February 9, 2021.

FOR FURTHER INFORMATION CONTACT: 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: 202-482-2285.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of the administrative 
review on June 24, 2020.\2\ For the events that occurred since Commerce 
published the Preliminary Results, see the Issues and Decision 
Memorandum.\3\ Commerce conducted this review in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act).
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    \2\ See Cast Iron Soil Pipe Fittings from the People's Republic 
of China: Preliminary Results of the Antidumping Results of the 
Antidumping Duty Administrative Review 2018-2019, 85 FR 37832 (June 
24, 2020) (Preliminary Results), and the accompanying preliminary 
decision memorandum.
    \3\ See Memorandum, ``Issues and Decision Memorandum: 
Antidumping Duty Administrative Review of Cast Iron Soil Pipe 
Fittings from the People's Republic of China; 2018-2019,'' dated 
concurrently with, and hereby adopted by, the notice (Issues and 
Decision Memorandum).
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    On July 21, 2020, Commerce tolled all deadlines in administrative 
reviews by 60 days.\4\ On December 18, 2020, Commerce extended the 
deadline for the final results of this review.\5\ The revised deadline 
for the final results of this review is now June 21, 2021.
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    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \5\ See Memorandum, ``Cast Iron Soil Pipe Fittings from the 
People's Republic of China: Extension of Deadline for Final Results 
of Antidumping Duty Administrative Review,'' dated December 18, 
2020.
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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: 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 product covered by the Order is soil pipe fittings from China. 
A full description of the scope of the order is contained in the Issues 
and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the parties' briefs are addressed in the 
Issues and Decision Memorandum. A list of these issues is 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 on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and electronic version of the Issues and Decision Memorandum 
are identical in content.

Changes From the Preliminary Results

    Based on our analysis of the comments received, Commerce made no 
revisions to the calculations of the rates assigned to Wor-Biz and the 
non-examined separate rate respondents.

Separate Rates

    In the Preliminary Results, we determined that Dalian Lino F.T.Z. 
Co., Ltd., Dalian Metal I/E Co., Ltd., Dinggin Hardware (Dalian) Co., 
Ltd., and Shijiazhuang Asia Casting Co., Ltd., which were not selected 
for individual review, demonstrated their eligibility for separate 
rates, and we continue to do so in these final results.

Rate for Non-Examined Separate Rate Respondents

    The statute and our regulations do not address the establishment of 
a rate to be assigned to respondents not selected for individual 
examination when we limit our examination of companies subject to the 
administrative review pursuant to section 777A(c)(2)(B) of the Act. 
Generally, we look to section 735(c)(5) of the Act, which provides 
instructions for calculating the all-others rate in an investigation, 
for guidance when calculating the rate for respondents not individually 
examined in an administrative review. Under section 735(c)(5)(A) of the 
Act, 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{time} .'' Accordingly, Commerce's usual 
practice in determining the rate for separate rate respondents not 
selected for individual examination, has been to average the weighted-
average dumping margins for the selected companies, excluding rates 
that are zero, de minimis, or based entirely on facts available.\7\ 
However, when the weighted-average dumping margins established for all 
individually investigated respondents are zero, de minimis, or based 
entirely on adverse facts available (AFA), section 735(c)(5)(B) of the 
Act permits Commerce to ``use any reasonable method to establish the 
estimated all-others rate for exporters and producers not individually 
investigated, including averaging the estimated weighted average 
dumping margins determined for the exporters and producers individually 
investigated.''
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    \7\ See Longkou Haimeng Mach. Co. v. United States, 581 F. Supp. 
2d 1344, 1357-60 (CIT 2008) (affirming Commerce's determination to 
assign a 4.22 percent dumping margin to the separate rate 
respondents in a segment where the three mandatory respondents 
received dumping margins of 4.22 percent, 0.03 percent, and zero 
percent, respectively); see also Certain Kitchen Appliance Shelving 
and Racks from the People's Republic of China: Final Determination 
of Sales at Less Than Fair Value, 74 FR 36656, 36660 (July 24, 
2009).
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    For the final results of this review, Wor-Biz is the only 
individually examined respondent that received a weighted-average 
dumping margin that is neither de minimis nor based entirely on AFA. 
Therefore, we have assigned Wor-Biz's margin to all eligible non-
selected separate rate respondents.

The China-Wide Entity

    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. For the final results of this administrative 
review, we consider six companies 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 Huawant Universal.

Final Results of Administrative Review

    For the companies subject to this administrative review, including 
the companies that established their eligibility for a separate rate, 
Commerce determines that the following weighted-average dumping margins 
exist for the period February 20, 2018, through July 31, 2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                     Producers/exporters                        dumping
                                                                 margin
                                                               (percent)
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Wor-Biz Industrial Product Co., Ltd. (Anhui).................      18.16
Non-Selected Companies Under Review Receiving a Separate
 Rate:
  Dalian Lino F.T.Z. Co., Ltd................................      18.16
  Dalian Metal I/E Co., Ltd..................................      18.16

[[Page 8764]]

 
  Dinggin Hardware (Dalian) Co., Ltd.........................      18.16
  Shijiazhuang Asia Casting Co., Ltd.........................      18.16
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Disclosure

    Normally, Commerce will disclose to the parties in a proceeding the 
calculations performed in connection with a final results of review 
within five days of the date of publication of the notice of final 
results in the Federal Register, in accordance with 19 CFR 351.224(b). 
However, here, Commerce made no adjustments to the margin calculation 
methodology used in the Preliminary Results, therefore there are no 
calculations to disclose for the final results.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this administrative 
review. Consistent with its recent notice,\8\ 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\ 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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    For entries that were not reported in the U.S. sales database 
submitted by Wor-Biz during this review, and for the companies that did 
not qualify for a separate rate in this 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 these final results of this administrative review for 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by sections 751(a)(2)(C) of the Act: (1) For companies listed 
above which have a separate rate, the cash deposit rate will be the 
weighted-average dumping margin established in the final results of 
this review; (2) for previously investigated or reviewed Chinese and 
non-Chinese exporters 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 that for the China-wide 
entity; and (4) for all non-Chinese exporters of subject merchandise 
which 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 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 POR. 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.

Notification to Interested Parties

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. 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.
    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: January 29, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Issue
    Comment: Whether to Average Surrogate Values for Financial 
Ratios
5. Recommendation

[FR Doc. 2021-02597 Filed 2-8-21; 8:45 am]
BILLING CODE 3510-DS-P