[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Notices]
[Pages 75034-75037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26557]


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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, 
Preliminary Determination of No Shipments; 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Both-Well (Taizhou) Steel Fittings Co., Ltd. (Both-
Well), the sole mandatory respondent in this review and an exporter of 
forged steel fittings from the People's Republic of China (China), as 
well as four additional exporters of forged steel fittings from China, 
sold subject merchandise in the United States at prices below normal 
value (NV) during the period of review (POR) November 1, 2020, through 
October 31, 2021. Further, Commerce preliminarily determines that 
Jiangsu Forged Pipe Fittings Co., Ltd. (Jiangsu) had no shipments of 
subject merchandise during the POR, and 20 companies for which this 
review was initiated are not eligible for a separate rate and are thus 
part of the China-wide entity. Interested parties are invited to 
comment on these preliminary results.

DATES: Applicable December 7, 2022.

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 
December 28, 2021, Commerce published the notice of initiation of this 
administrative review, covering 26 companies.\1\ On February 13, 2020, 
Commerce selected as the sole mandatory respondent, Both-Well (Taizhou) 
Steel Fittings Co., Ltd. (Both-Well), the company accounting for the 
largest volume of U.S. entries of subject merchandise into the United 
States as reported by U.S. Customs and Border Protection (CBP).\2\ On 
February 18, 2022, Commerce issued the non-market economy (NME) 
antidumping duty questionnaire to Both-Well.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 73734 (December 28, 2021) (Initiation 
Notice).
    \2\ See Memorandum, ``Respondent Selection,'' dated February 17, 
2022.
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    On July 5, 2022, 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 Third Antidumping Duty Administrative Review,'' dated July 5, 
2022.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Forged Steel 
Fittings from the People's Republic of China; 2020-2021,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).

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[[Page 75035]]

Scope of the Order \5\
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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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    The merchandise covered by the Order 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.

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 
Appendix I 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 can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Continuation of Administrative Review for Various Companies

    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 
publication of the notice of initiation of the requested review. On 
March 28, 2022, Jiangsu, Lianfa Stainless Steel Pipes & Valves 
(Qingyun) Co., Ltd. (Lianfa); Xin Yi International Trade Co., Limited 
(Xin Yi); and Yingkou Guangming Pipeline Industry Co., Ltd. (Yingkou 
Guangming) timely withdrew their requests for review.\6\ However, 
because there is still an active review request for these four 
companies,\7\ we are not rescinding this review with respect to these 
four companies, pursuant to 19 CFR 351.213(d)(1).
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    \6\ See Jiangsu, Lianfa, Xin Yi, and Yingkou Guangming's Letter, 
``Withdrawal of Requests for Administrative Review,'' dated March 
28, 2022.
    \7\ See Petitioner's Letter, ``Request for Administrative 
Review,'' dated November 30, 2021.
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Preliminary Determination of No Shipments

    Jiangsu reported that it made no shipments of subject merchandise 
to the United States during the POR.\8\ To confirm this no-shipment 
claim, Commerce issued a no-shipment inquiry to CBP requesting that it 
review Jiangsu's no-shipment claim.\9\ CBP reported that it did not 
have information to contradict Jiangsu's no-shipment claim.\10\ Because 
Jiangsu certified that it made no shipments of subject merchandise, and 
there is no information which contradicts its claim, Commerce 
preliminarily determines that Jiangsu did not have shipments of subject 
merchandise to the United States during the POR. Consistent with 
Commerce's practice, Commerce will not rescind the review with respect 
to this company, but, instead, will complete the review and issue 
assessment instructions to CBP based on the final results.\11\
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    \8\ See Jiangsu's Letter, ``No Sales Certification,'' dated 
January 24, 2022.
    \9\ See Message Number 2181402, ``No Shipments Inquiry for 
Forged Steel Fittings from the People's Republic of China Exported 
by Jiangsu Forged Pipe Fittings Co., Ltd. (A-570-067),'' dated June 
30, 2022.
    \10\ See Memorandum, ``No Shipment Inquiry for Jiangsu Forged 
Pipe Fittings Co., Ltd. during the Period 11/01/2020 through 10/31/
2021,'' dated July 25, 2022.
    \11\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR at 
51306 (August 28, 2014).
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Separate Rates

    Commerce preliminarily finds that 20 companies for which a review 
was initiated did not establish their eligibility for a separate rate 
because they failed to provide a separate rate application, a separate 
rate certification, or a no-shipment certification if they were already 
eligible for a separate rate.\12\ As such, we preliminarily determine 
these 20 companies are part of the China-wide entity.
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    \12\ See Appendix II of this notice which identifies these 20 
companies.
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    Additionally, Commerce preliminarily finds that the information 
placed on the record by four companies in addition to Both-Well 
demonstrates that these companies are eligible for a separate rate. 
These four companies are: Lianfa; Qingdao Bestflow Industrial Co., 
Ltd.; Xin Yi; and Yingkou Guangming. For additional information, see 
the Preliminary Decision Memorandum.

Weighted-Average Dumping Margin for Non-Examined Companies Granted a 
Separate Rate

    In these preliminary results, the sole mandatory respondent (i.e., 
Both-Well) has received a weighted-average dumping margin that is not 
zero, de minimis, or based entirely on facts available. Therefore, in 
accordance with section 735(c)(5)(A) of the Act, we find it appropriate 
to assign the calculated weighted-average dumping margin for Both-Well 
(i.e., 29.31 percent) as the weighted-average dumping margin for the 
non-examined, separate rate respondents. For additional information, 
see the Preliminary Decision Memorandum.

The China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\13\ Under this policy, 
the China-wide entity will not be under review unless a party 
specifically requests and Commerce initiates, or Commerce self-
initiates, a review of the China-wide entity.\14\ Because no party 
requested a review of the China-wide entity and no review was initiated 
for this POR, 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.\15\ 
For additional information, see the Preliminary Decision Memorandum.
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    \13\ 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).
    \14\ Id.
    \15\ See Order, 83 FR 60397.
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Preliminary Results of Review

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
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Both-Well (Taizhou) Steel Fittings Co., Ltd.................       29.31
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       Review-Specific Rate Applicable to the Following Companies
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Lianfa Stainless Steel Pipes & Valves (Qingyun) Co., Ltd....       29.31
Qingdao Bestflow Industrial Co., Ltd........................       29.31
Xin Yi International Trade Co., Limited.....................       29.31
Yingkou Guangming Pipeline Industry Co., Ltd................       29.31
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[[Page 75036]]

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed for these 
preliminary results to the parties under administrative protective 
order 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.\16\ 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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    \16\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006 (March 26, 
2020) (``To provide adequate time for release of case briefs via 
ACCESS, E&C intends to schedule the due date for all rebuttal briefs 
to be 7 days after case briefs are filed (while these modifications 
are in effect).'').
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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; (3) 
whether any participant is a foreign national; and (4) 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.\17\ If a 
request for a hearing is made, Commerce will announce the date and time 
of the hearing.
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    \17\ 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,\18\ and 
must also be served on interested parties.\19\ 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.\20\
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    \18\ See 19 CFR 351.303.
    \19\ See 19 CFR 351.303(f).
    \20\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 41363 (July 10, 2020).
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    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.\21\ 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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    \21\ 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 company-specific 
weighted-average dumping margin is not zero or de minimis (i.e., less 
than 0.50 percent), and, for Both-Well, when the importer-specific 
assessment rate calculated in the final results of this review is not 
zero or de minimis. Where either a company's weighted-average dumping 
margin is zero or de minimis, or an importer-specific assessment rate 
is zero or de minimis,\22\ 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 antidumping duties at the time of liquidation, in 
accordance with 19 CFR 351.212(b)(1).\23\ 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 by Both-Well.\24\
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    \22\ See 19 CFR 351.106(c)(2).
    \23\ 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).
    \24\ See 19 CFR 351.212(b)(1).
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    For the respondents that were not selected for individual 
examination in this administrative review but qualified for a separate 
rate, the assessment rate will be equal to the weighted-average dumping 
margin determined in the final results of this review.
    For the final results, if we continue to find that the 20 
companies, identified in Appendix II, are ineligible for a separate 
rate and are, therefore, considered part of the China-wide entity, we 
will instruct CBP to apply an antidumping duty assessment rate of 
142.72 percent (i.e., the rate for the China-wide entity) to all 
entries of subject merchandise during the POR which were exported by 
those companies.
    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 antidumping duty assessment rate for the 
China-wide entity.\25\ Additionally, if Commerce determines in the 
final results that Jiangsu had no shipments of the subject merchandise, 
any suspended entries that entered under Jiangsu's case number (i.e., 
at Jiangsu's cash deposit rate) will be liquidated at the antidumping 
duty assessment rate for the China-wide entity.
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    \25\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 at 65694-65695, for a full 
discussion of this practice.
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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 companies listed 
above that have a separate rate, 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.

[[Page 75037]]

    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 and/or countervailing 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 and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties, and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing 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, 19 CFR 
351.213, and 19 CFR 351.221(b)(4).

    Dated: November 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

Appendix II--Companies Preliminarily Not Eligible for a Separate Rate 
and Treated as Part of the China-Wide Entity

1. Cixi Baicheng Hardware Tools, Ltd.
2. Dalian Guangming Pipe Fittings Co., Ltd.
3. Eaton Hydraulics (Luzhou) Co., Ltd.
4. Eaton Hydraulics (Ningbo) Co., Ltd.
5. Jiangsu Haida Pipe Fittings Group Co.
6. Jinan Mech Piping Technology Co., Ltd.
7. Jining Dingguan Precision Parts Manufacturing Co., Ltd.
8. Luzhou City Chengrun Mechanics Co., Ltd.
9. Ningbo HongTe Industrial Co., Ltd.
10. Ningbo Long Teng Metal Manufacturing Co., Ltd.
11. Ningbo Save Technology Co., Ltd.
12. Ningbo Zhongan Forging Co., Ltd.
13. Q.C. Witness International Co., Ltd.
14. Shanghai Lon Au Stainless Steel Materials Co., Ltd.
15. Witness International Co., Ltd.
16. Yancheng Boyue Tube Co., Ltd.
17. Yancheng Haohui Pipe Fittings Co., Ltd.
18. Yancheng Jiuwei Pipe Fittings Co., Ltd.
19. Yancheng Manda Pipe Industry Co., Ltd.
20. Yuyao Wanlei Pipe Fitting Manufacturing Co., Ltd.

[FR Doc. 2022-26557 Filed 12-6-22; 8:45 am]
BILLING CODE 3510-DS-P