[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Notices]
[Pages 69222-69224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26463]



[[Page 69222]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-067]


Forged Steel Fittings From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review and 
Partial Rescission; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Both-Well (Taizhou) Steel Fittings Co., Ltd. (Both-Well), the sole 
respondent participating in this review, and an exporter of forged 
steel 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) November 1, 2019, through 
October 31, 2020. We are also preliminarily rescinding this review with 
respect to Shanghai Maorun International Co., Ltd. (Shanghai Maorun). 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable December 7, 2021.

FOR FURTHER INFORMATION CONTACT: Jinny Ahn, AD/CVD Operations, Office 
VIII, Enforcement and Compliance, International Trade Administration, 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-0339.

SUPPLEMENTARY INFORMATION:

Background

    This administrative review is being conducted in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act). On 
January 6, 2021, Commerce published the notice of initiation of this 
administrative review, covering Both-Well and Shanghai Maorun.\1\ On 
January 27, 2021, Commerce issued the non-market economy (NME) 
antidumping duty (AD) questionnaire to Both-Well and Shanghai Maorun. 
On February 1, 2021, Shanghai Maorun withdrew its request for 
review.\2\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 515 (January 6, 2021) (Initiation 
Notice).
    \2\ See Shanghai Maorun's Letter, ``Withdrawal of Request of 
Review,'' dated February 1, 2021 (Maorun's Withdrawal of Request for 
Review).
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    On June 28, 2021, Commerce extended the preliminary results 
deadline by 120 days.\3\ For a complete description of the events that 
followed the initiation of this administrative review, see the 
Preliminary Decision Memorandum.\4\
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    \3\ See Memorandum, ``Forged Steel Fittings from the People's 
Republic of China: Extension of Deadline for Preliminary Results of 
the Second Antidumping Duty Administrative Review,'' dated June 28, 
2021.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review and Partial 
Rescission: Forged Steel Fittings from the People's Republic of 
China; 2019-2020,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order \5\ is carbon and alloy forged 
steel fittings, whether unfinished (commonly known as blanks or rough 
forgings) or finished. For a complete description of the scope of the 
Order, see the Preliminary Decision Memorandum.
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    \5\ See Forged Steel Fittings from Italy and the People's 
Republic of China: Antidumping Duty Orders, 83 FR 60397 (November 
26, 2018) (Order).
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Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of the date 
of publication of the notice of initiation of the requested review. On 
February 1, 2021, Shanghai Maorun timely withdrew its request for 
review. Because there was a timely withdrawal of request for review for 
Shanghai Maorun and because there are no other active requests for 
review for Shanghai Maorun, we are rescinding this review with respect 
to Shanghai Maorun, pursuant to 19 CFR 351.213(d)(1).

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act and 19 CFR 351.213. We calculated export prices 
in accordance with section 772 of the Act. Because China is an NME 
country within the meaning of section 771(18) of the Act, NV has been 
calculated in accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of the 
topics included in the Preliminary Decision Memorandum is included in 
the appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public 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 is available at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Separate Rates

    In all proceedings involving an NME country, Commerce maintains a 
rebuttable presumption that all companies are subject to government 
control and, thus, should be assessed a single weighted-average dumping 
margin unless the company can affirmatively demonstrate an absence of 
government control, both in law (de jure) and in fact (de facto), with 
respect to its export activities so that it is entitled to separate 
rate status.\6\ Commerce has preliminary determined that information 
placed on the record by Both-Well demonstrates that Both-Well is 
eligible for separate rate status.
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    \6\ See Notice of Final Determination of Sales at Less Than Fair 
Value, and Affirmative Critical Circumstances, In Part: Certain 
Lined Paper Products from the People's Republic of China, 71 FR 
53079, 53082 (September 8, 2006); see also Final Determination of 
Sales at Less Than Fair Value and Final Partial Affirmative 
Determination of Critical Circumstances: Diamond Sawblades and Parts 
Thereof from the People's Republic of China, 71 FR 29303, 29307 (May 
22, 2006).
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    As noted above, we are rescinding this review with respect to 
Shanghai Maorun. For the reasons stated below, as Shanghai Maorun is 
currently a part of the China-wide entity, we will continue to treat 
Shanghai Maorun as part of the China-wide entity. See Assessment Rates.
    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\7\ 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 China-wide 
entity.\8\ Because no party requested a review of the China-wide entity 
in this review, the China-wide entity is not under review and the 
China-wide entity's rate (i.e., 142.72 percent) is not subject to 
change.\9\ For additional information, see the Preliminary Decision 
Memorandum.
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    \7\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \8\ Id.
    \9\ See Order, 83 FR at 60397.
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Preliminary Results of the Review

    Commerce preliminarily determines that the following weighted-
average dumping margin exist for the POR:

[[Page 69223]]



------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
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Both-Well (Taizhou) Steel Fittings Co., Ltd................        0.51
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c)(ii), interested parties may each 
submit a case brief no later than 30 days after the date of publication 
of this notice. Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than seven days after the case briefs are 
filed.\10\ Parties who submit a case brief or a rebuttal brief 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(d).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days of 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 issues parties intend to discuss. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs.\11\ If a request for a hearing is made, Commerce will 
announce the date and time of the hearing.
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    \11\ See 19 CFR 351.310(c).
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    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's electronic records system, ACCESS,\12\ and 
must also be served on interested parties.\13\ An electronically filed 
document must be received successfully in its entirety by ACCESS, by 5 
p.m. Eastern Time (ET) on the date that the document is due. Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\14\
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    \12\ See 19 CFR 351.303.
    \13\ See 19 CFR 351.303(f).
    \14\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 41363 (July 10, 2020).
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Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, within 120 days of 
publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by this review. 
Upon issuance of the final results, Commerce will determine, and CBP 
shall assess, antidumping duties on all appropriate entries covered by 
this review.\15\ 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. 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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    \15\ See 19 CFR 351.212(b)(1).
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    We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review, when the importer-specific 
assessment rate calculated in the final results of this review for 
Both-Well, are not zero or de minimis (i.e., less than 0.50 percent). 
Where Both-Well's importer-specific assessment rate is zero or de 
minimis,\16\ we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties. If Both-Well's weighted-average 
dumping margin is not zero or de minimis in the final results of this 
review, Commerce will instruct CBP to collect the appropriate duties at 
the time of liquidation, in accordance with 19 CFR 351.212(b)(1).\17\ 
We intend to calculate importer-specific ad valorem assessment rates by 
dividing the total amount of dumping calculated for all reviewed U.S. 
sales to the importer by the total entered value of the merchandise 
sold to the importer for Both-Well.\18\
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    \16\ See 19 CFR 351.106(c)(2).
    \17\ Commerce will apply the assessment rate calculation method 
adopted in Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
    \18\ See 19 CFR 351.212(b)(1).
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    For entries that were not reported in the U.S. sales data submitted 
by Both-Well during this review, Commerce will instruct CBP to 
liquidate such entries at the rate for the China-wide entity pursuant 
to the NME reseller policy.\19\
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    \19\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (December 23, 2010) at 65694-
65695, for a full discussion of this practice.
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    For Shanghai Maorun, antidumping duties shall be assessed at rates 
equal to the cash deposit of estimated antidumping duties required at 
the time of entry, or withdrawal from warehouse, for consumption, in 
accordance with 19 CFR 351.212(c)(1)(i). For Shanghai Maorun, Commerce 
intends to issue appropriate assessment instructions to CBP no earlier 
than 35 days after the date of publication of this notice.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the 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 section 751(a)(2)(C) of the Act: (1) For Both-Well, 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 the cash deposit rate will be zero); (2) for 
previously examined Chinese and non-Chinese exporters not listed above 
that received a separate rate in 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 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., 142.72 percent); and (4) for all non-Chinese 
exporters of subject merchandise which have not received their own 
separate 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)(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.

[[Page 69224]]

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, 19 CFR 
351.213, and 19 CFR 351.221(b)(4).

    Dated: November 30, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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. Partial Rescission of Administrative Review
V. Discussion of the Methodology
VI. Date of Sale
VII. Comparisons to Normal Value
VIII. U.S. Price
IX. Normal Value
X. Currency Conversion
XI. Adjustment Under Section 777A(f) of the Act
XII. Recommendation


[FR Doc. 2021-26463 Filed 12-6-21; 8:45 am]
BILLING CODE 3510-DS-P