[Federal Register Volume 88, Number 37 (Friday, February 24, 2023)]
[Notices]
[Pages 11898-11899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03894]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-565-801]
Stainless Steel Butt-Weld Pipe Fittings From the Philippines:
Final Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
there were no shipments of merchandise subject to the antidumping duty
(AD) order on stainless steel butt-weld pipe fittings (SSBWF) from the
Philippines during the period of review (POR) February 1, 2021, through
January 31, 2022, from any of the companies under review.
DATES: Applicable February 24, 2023.
FOR FURTHER INFORMATION CONTACT: Mark Flessner, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6312.
SUPPLEMENTARY INFORMATION:
Background
On November 7, 2022, Commerce published its Preliminary Results of
the administrative review of the Order.\1\ No parties commented on the
Preliminary Results.
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\1\ See Stainless Steel Butt-Weld Pipe Fittings from the
Philippines: Preliminary Results of Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2021-2022, 87
FR 67014 (November 7, 2022) (Preliminary Results); see also
Antidumping Duty Orders: Stainless Steel Butt-Weld Pipe Fittings
from Italy, Malaysia, and the Philippines, 66 FR 11257 (February 23,
2001) (Order).
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Scope of the Order
For purposes of this Order, the product covered is certain
stainless steel butt-weld pipe fittings (butt-weld fittings). Butt-weld
pipe fittings are under 14 inches in outside diameter (based on nominal
pipe size), whether finished or unfinished. The product encompasses all
grades of stainless steel and ``commodity'' and ``specialty'' fittings.
Specifically excluded from the definition are threaded, grooved, and
bolted fittings, and fittings made from any material other than
stainless steel. The butt-weld fittings subject to this Order are
generally designated under specification ASTM A403/A403M, the standard
specification for Wrought Austenitic Stainless Steel Piping Fittings,
or its foreign equivalents (e.g., DIN or JIS specifications). This
specification covers two general classes of fittings, WP and CR, of
wrought austenitic stainless steel fittings of seamless and welded
construction covered by the latest revision of ANSI B16.9, ANSI B16.11,
and ANSI B16.28. Butt-weld fittings manufactured to specification ASTM
A774, or its foreign equivalents, are also covered by this Order.
This Order does not apply to cast fittings. Cast austenitic
stainless steel pipe fittings are covered by specifications A351/A351M,
A743/743M, and A744/A744M.
[[Page 11899]]
The butt-weld fittings subject to this Order are currently
classifiable under subheadings 7307.23.00.30 and 7307.23.00.90 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the scope of this Order is dispositive.
Methodology
Based on information obtained from U.S. Customs and Border
Protection (CBP), Commerce preliminarily determined that there were no
shipments of merchandise subject to the Order from the following
companies during the POR: (1) E N Corporation; (2) Enlin Steel
Corporation; and (3) Vinox Corporation (a/k/a Vinoc Corporation).\2\
Given that the record evidence shows that there are no suspended
entries of subject merchandise during the POR from the three companies
under review, Commerce did not calculate or otherwise determine any
weighted-average dumping margins; nor did Commerce revise the cash
deposit rate for these three companies in the Preliminary Results.
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\2\ See Preliminary Results, 87 FR at 67015.
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As we received no comments on the Preliminary Results, we are
making no changes for these final results of review. Therefore, based
on information obtained from CBP, we continue to find that during the
POR there were no shipments of merchandise subject to the Order from
the three companies under review. Nevertheless, as noted in the
Preliminary Results, we forwarded an allegation to CBP from Core Pipe
Products, Inc. and Taylor Forge Stainless Inc. (the petitioners),
regarding certain entries during the POR that could have been
misreported by one of the companies under review.
Assessment
Upon issuance of these final results, Commerce will determine, and
CBP shall assess, AD duties on all appropriate entries in accordance
with 19 CFR 351.212(b)(1). For any entries found to be associated with
the three companies under review, we will instruct CBP to liquidate
such entries at the all-others rate if there is no rate for the
intermediate company(ies) involved in the transaction, consistent with
Commerce's reseller policy.\3\
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\3\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of this notice 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).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
entries of SSBWF from the Philippines entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register, as provided for by section 751(a)(2)(C)
of the Tariff Act of 1930, as amended (the Act): (1) if a company-
specific weighted-average dumping margin was previously established in
a completed segment of this proceeding for any of the three companies
listed above, then the cash deposit rate will continue to be equal to
the company-specific weighted-average dumping margin established for
the company in the most recently completed segment (except, if the rate
is de minimis, i.e., less than 0.5 percent, then the cash deposit rate
will be zero percent); (2) for merchandise exported by a company not
covered in this review but covered in a prior completed segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published for that company in the most recently completed
segment of this proceeding in which the company was included; (3) if
the exporter of the subject merchandise does not have its own rate but
the producer has its own rate, the cash deposit rate will be the
company-specific rate established in the most recently completed
segment of the proceeding for the producer of the subject merchandise;
and (4) the cash deposit rate for all other producers or exporters will
continue to be 33.81 percent, the all-others rate established in the
less-than-fair-value investigation.\4\
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\4\ See Notice of Final Determination of Sales at Less Than Fair
Value: Stainless Steel Butt-Weld Pipe Fittings from the Philippines,
65 FR 81823 (December 27, 2000).
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement presumption that reimbursement of antidumping duties
occurred and the subsequent assessment of double antidumping duties.
Notification to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)(1).
Dated: February 21, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-03894 Filed 2-23-23; 8:45 am]
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