[Federal Register Volume 86, Number 150 (Monday, August 9, 2021)]
[Notices]
[Pages 43523-43525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16913]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-079]


Cast Iron Soil Pipe From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that cast iron soil pipe (soil pipe) from the People's Republic of 
China (China) was sold in the United States at less than normal value 
(NV) during the period of review (POR) August 31, 2018, through April 
30, 2020. We invite interested parties to comment on these preliminary 
results.

DATES: Applicable August 9, 2021.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2243.

SUPPLEMENTARY INFORMATION:

Background

    On July 10, 2020, Commerce published a notice of initiation of an 
administrative review of the antidumping duty order on soil pipe from 
China.\1\ This administrative review covers one company, Yuncheng 
Jiangxian Economic Development Zone HengTong Casting Co., Ltd. 
(HengTong).
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 41540 (July 10, 2020); see also Cast 
Iron Soil Pipe from the People's Republic of China: Antidumping Duty 
Order, 84 FR 19035 (May 3, 2019) (Order).

---------------------------------------------------------------------------

[[Page 43524]]

    On July 21, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days.\2\ On March 22, 2021, Commerce extended the 
deadline for the preliminary results to July 30, 2021.\3\
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \3\ See Memorandum, ``Cast Iron Soil Pipe from the People's 
Republic of China: Extension of Deadline for Preliminary Results of 
the 2018-2020 Antidumping Duty Administrative Review,'' dated March 
22, 2021.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\4\ 
A list of topics included in the Preliminary Decision Memorandum is 
included as an Appendix to this notice. 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 directly 
at http://enforcement.trade.gov/frn/.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review: Cast Iron 
Soil Pipe from the People's Republic of China; 2018-2020,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The product covered by this order is soil pipe from China. For a 
full description of the scope, see the Preliminary Decision Memorandum.

Separate Rate

    Commerce preliminary determines that information placed on the 
record by HengTong demonstrates that HengTong is entitled to separate 
rate status. For additional information, see the Preliminary Decision 
Memorandum.

China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\5\ 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 in this review, 
the entity is not under review and the weighted-average dumping margin 
determined for the China-wide entity (i.e., 235.93 percent) is not 
subject to change as a result of this review.\6\ For additional 
information, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \5\ 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).
    \6\ See Order, 84 FR at 19036.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). We 
calculated export price in accordance with section 772 of the Act. 
Because China is a non-market economy country within the meaning of 
section 771(18) of the Act, we calculated NV in accordance with section 
773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum.

Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margin exists for the period August 31, 2018, through 
April 31, 2020:

------------------------------------------------------------------------
                                                              Weighted-
                                                               Average
                          Exporter                             Dumping
                                                                Margin
                                                              (percent)
------------------------------------------------------------------------
Yuncheng Jiangxian Economic Development Zone HengTong             31.48
 Casting Co., Ltd (aka HengTong Casting Co., Ltd.).........
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed for 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). 
Commerce will announce the briefing schedule to interested parties at a 
later date. Rebuttal briefs, the content of which is limited to issues 
raised in case briefs, may be filed no later than seven days after the 
date established for filing case briefs.\7\ 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.\8\ Case and rebuttal 
briefs should be filed using ACCESS \9\ and must be served on 
interested parties.\10\ Executive summaries should be limited to five 
pages total, including footnotes. Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\11\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.309(d).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ See generally 19 CFR 351.303.
    \10\ See 19 CFR 351.303(f).
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    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 request to the Assistant Secretary for 
Enforcement and Compliance, filed electronically via ACCESS. An 
electronically-filed document must be received successfully in its 
entirety through Commerce's electronic records system, ACCESS, by 5:00 
p.m. Eastern Time within 30 days after the date of publication of this 
notice. Requests should contain: (1) The party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of the 
issues to be discussed. If a request for a hearing is made, Commerce 
intends to hold the hearing at a time and date to be determined. 
Parties should confirm by telephone the date and time of the hearing 
two days before the scheduled date.
    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of our analysis of all issues raised in the case briefs, within 120 
days of publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of this administrative review, Commerce will 
determine, and United States Customs and Border Protection (CBP) shall 
assess, antidumping duties on all appropriate entries.\12\
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    If HengTong's 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 examined sales to that importer to the total entered value of those 
sales,\13\ in accordance with 19 CFR 351.212(b)(1). Commerce will 
instruct CBP to collect the appropriate duties at the time of 
liquidation.
---------------------------------------------------------------------------

    \13\ As noted in the Preliminary Decision Memorandum, we intend 
to modify the entered value used in the calculation of our 
assessment instructions to CBP so as to capture the full amount of 
antidumping duties due on imports of HengTong's merchandise. See 
Preliminary Decision Memorandum at Section V; see also Memorandum, 
``Cast Iron Soil Pipe from the People's Republic of China: Analysis 
of HengTong for the Preliminary Results,'' dated concurrently with 
this notice.
---------------------------------------------------------------------------

    Where an exporter's weighted-average dumping margin is zero or de 
minimis,

[[Page 43525]]

or an importer-specific ad valorem assessment rate is zero or de 
minimis, Commerce will instruct CBP to liquidate appropriate entries 
without regard to antidumping duties.\14\
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For entries that were not reported in the U.S. sales data submitted 
by HengTong, Commerce will instruct CBP to liquidate such entries at 
the rate for the China-wide entity.\15\
---------------------------------------------------------------------------

    \15\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
---------------------------------------------------------------------------

    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.\16\ 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).
---------------------------------------------------------------------------

    \16\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 884 (January 
15, 2021).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the publication date, as provided by section 
751(a)(2)(C) of the Act: (1) For HengTong, the cash deposit rate will 
be equal to the weighted-average dumping margin established in the 
final results of this review (except, if the rate is de minimis, then 
cash deposit rate will be zero); (2) for previously examined China and 
non-China exporters not listed above that at the time of entry are 
eligible for a separate rate based on a prior completed segment of this 
proceeding, the cash deposit rate will continue to be the existing 
exporter-specific cash deposit rate; (3) for all China exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate at the time of entry, the cash deposit rate will be that 
for the China-wide entity (i.e., 235.93 percent); and (4) for all non-
China exporters of subject merchandise which at the time of entry are 
not eligible for a separate rate, the cash deposit rate will be the 
rate applicable to the China exporter that supplied that non-China 
exporter. These 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)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during the 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 administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: July 30, 2021.
Christian Marsh,
Acting 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. Discussion of the Methodology
V. Assessment for HengTong's U.S. Sales and Entries of Subject 
Merchandise
VI. Recommendation

[FR Doc. 2021-16913 Filed 8-6-21; 8:45 am]
BILLING CODE 3510-DS-P