[Federal Register Volume 88, Number 75 (Wednesday, April 19, 2023)]
[Notices]
[Pages 24167-24169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08230]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-067]


Forged Steel Fittings From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2020-2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Both-Well (Taizhou) Steel Fittings Co., Ltd. (Both-Well) as well as 
four additional companies which are eligible for a separate rate, 
exporters 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, 2020, 
through October 31, 2021. Commerce further 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.

DATES: Applicable April 19, 2023.

FOR FURTHER INFORMATION CONTACT: Robert Palmer, 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) 482-0968.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the Preliminary Results \1\ on December 7, 2022, 
and invited interested parties to comment. For a complete description 
of the events that occurred since the Preliminary

[[Page 24168]]

Results, see the Issues and Decision Memorandum.\2\
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    \1\ See Forged Steel Fittings from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review, Preliminary Determination of No Shipments; 2020-2021, 87 FR 
75034 (December 7, 2022) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Decision Memorandum for the Final 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 (Issues and Decision 
Memorandum).
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Scope of the Order 3
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    \3\ See Forged Steel Fittings from Italy and the People's 
Republic of China: Antidumping Duty Orders, 83 FR 60397, dated 
November 26, 2018 (Order).
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    The merchandise covered by the Order is forged steel fittings from 
China. For a complete description of the scope of the Order, see 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 the issues addressed is 
included as Appendix I 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 https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties regarding the Preliminary Results, we made certain 
revisions to the margin calculations for Both-Well.\4\ For a discussion 
of these changes, see the Issues and Decision Memorandum.
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    \4\ See Memorandum, ``Antidumping Duty Administrative Review of 
Forged Steel Fittings from the People's Republic of China: Final 
Results Calculation Memorandum for Both-Well,'' dated concurrently 
with this notice.
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Final Determination of No Shipments

    In the Preliminary Results, we preliminarily determined that 
Jiangsu had no shipments of subject merchandise to the United States 
during the POR.\5\ No party filed comments with respect to this 
preliminary determination and we received no information to contradict 
the preliminary finding. Therefore, we continue to find that Jiangsu 
had no shipments of subject merchandise during the POR and will issue 
appropriate liquidation instructions that are consistent with our 
``automatic assessment'' clarification for these final results.\6\
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    \5\ See Preliminary Results, 87 FR at 75035.
    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Practice Refinement).
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Separate Rate

    In our Preliminary Results, we determined that the following 
companies demonstrated their eligibility for separate rates: Both-Well; 
Lianfa Stainless Steel Pipes & Valves (Qingyun) Co., Ltd.; Qingdao 
Bestflow Industrial Co., Ltd.; Xin Yi International Trade Co., Limited; 
and Yingkou Guangming Pipeline Industry Co., Ltd.\7\ We received no 
arguments since the issuance of the Preliminary Results that provide a 
basis for reconsideration of these determinations. Therefore, for these 
final results, we continue to find that the five companies listed in 
the table in the ``Final Results'' section of this notice are each 
eligible for a separate rate.
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    \7\ See Preliminary Results PDM at 6-7.
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The China-Wide Entity

    In the Preliminary Results, Commerce found that 20 companies for 
which a review was initiated did not establish their eligibility for a 
separate rate.\8\ No parties contested this finding. As such, we 
continue to determine these 20 companies identified in Appendix II are 
part of the China-wide entity. Because no party requested a review of 
the China-wide entity, and Commerce no longer considers the China-wide 
entity as an exporter conditionally subject to administrative 
reviews,\9\ we did not conduct a review of the China-wide entity. Thus, 
the weighted-average dumping margin for the China-wide entity rate 
(i.e., 142.72 percent) is not subject to change.\10\
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    \8\ Id. at 8.
    \9\ 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, 65969-70 (November 
4, 2013).
    \10\ See Order, 83 FR at 60397.
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Rate for Non-Examined Separate Rate Respondents

    In the Preliminary Results,\11\ and consistent with Commerce's 
practice,\12\ we assigned the non-examined, separate rate companies a 
rate equal to the calculated weighted-average dumping margin for the 
mandatory respondent whose rate was not zero, de minimis (i.e., less 
than 0.5 percent), or based entirely on facts available (i.e., the 
weighted-average dumping margin for Both-Well). No parties commented on 
the methodology for calculating this separate rate. For the final 
results, we continue to apply this approach, as it is consistent with 
the intent of, and our use of, section 735(c)(5)(A) of the Tariff Act 
of 1930, as amended (the Act).\13\
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    \11\ See Preliminary Results PDM at 7-8.
    \12\ See, e.g., 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).
    \13\ See Certain Frozen Warmwater Shrimp from the Socialist 
Republic of Vietnam: Final Results and Final Partial Rescission of 
Antidumping Duty Administrative Review, 76 FR 56158, 56160 
(September 12, 2011).
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Final Results of Review

    For companies subject to this review, which established their 
eligibility for a separate rate, Commerce determines that the following 
weighted-average dumping margins exist for the period November 1, 2020, 
through October 31, 2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                          Exporter                              dumping
                                                                margin
                                                               (percent)
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Both-Well (Taizhou) Steel Fittings Co., Ltd.................       29.06
Review-Specific Rate Applicable to the Following Companies:
  Lianfa Stainless Steel Pipes & Valves (Qingyun) Co., Ltd..       29.06
  Qingdao Bestflow Industrial Co., Ltd......................       29.06
  Xin Yi International Trade Co., Limited...................       29.06
  Yingkou Guangming Pipeline Industry Co., Ltd..............       29.06
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed to interested 
parties in this proceeding under an administrative protective order 
(APO) within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) 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 covered by 
this review. 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).
    For Both-Well, which has a final weighted-average dumping margin 
that

[[Page 24169]]

is not zero or de minimis (i.e., less than 0.5 percent), we will 
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, in accordance with 19 CFR 351.212(b)(1). Where 
Both-Well did not report entered value, we will calculate importer-
specific per-unit duty assessment rates based on the ratio of the total 
amount of dumping calculated for the examined sales to the importer to 
the total sales quantity associated with those sales. To determine 
whether an importer-specific per-unit assessment rate is de minimis, in 
accordance with 19 CFR 351.106(c)(2), we also will calculate an 
importer-specific ad valorem ratio based on estimated entered values. 
Where an importer-specific assessment rate is zero or de minimis, we 
will instruct CBP to liquidate the appropriate entries without regard 
to antidumping duties.\14\
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    \14\ See 19 CFR 351.106(c)(2).
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    For the respondents which were not selected for individual 
examination in this administrative review, and which qualified for a 
separate rate, the assessment rate will be equal to the weighted-
average dumping margin assigned to them for the final results (i.e., 
29.06 percent). For the companies identified as part of the China-wide 
entity, we will instruct CBP to apply an ad valorem assessment rate of 
142.72 percent to all POR entries of subject merchandise which was 
exported by those companies.
    Pursuant to a refinement in our non-market economy practice, for 
sales that were not reported in the U.S. sales data submitted by Both-
Well during this review, we will instruct CBP to liquidate entries 
associated with those sales at the rate for the China-wide entity.\15\ 
Furthermore, where we found that an exporter under review had no 
shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that exporter's 
cash deposit rate) will be liquidated at the rate for the China-wide 
entity.\16\
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    \15\ See Assessment Practice Refinement, 76 FR at 65694 for a 
full discussion of this practice.
    \16\ Id.
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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 Both-Well and the 
non-examined separate rate respondents, the cash deposit rate will be 
29.06 percent; (2) for previously examined Chinese and non-Chinese 
exporters not listed above that have separate rates, the cash deposit 
rate will continue to be the exporter-specific rate published for the 
most recently completed segment of this proceeding; (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 Regarding the Reimbursement of Duties

    This notice also serves as a final 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 Regarding APO

    This notice also serves as a reminder to parties subject to an APO 
of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), 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 violation 
subject to sanction.

Notification to Interested Parties

    These final results 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(h) and 19 CFR 351.221(b)(5).

    Dated: April 12, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Universe of U.S. Sales
    Comment 2: Labor Surrogate Value (SV)
    Comment 3: Adjustment of U.S. Price for Export Subsidies
VI. Recommendation

Appendix II

Companies Not Eligible for a Separate Rate

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. 2023-08230 Filed 4-18-23; 8:45 am]
BILLING CODE 3510-DS-P