[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Notices]
[Pages 41075-41076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13373]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-814]


Certain Carbon Steel Butt-Weld Pipe Fittings From the People's 
Republic of China: Preliminary Results of Covered Merchandise Inquiry

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

SUMMARY: In response to a covered merchandise referral by U.S. Customs 
and Border Protection (CBP), the U.S. Department of Commerce (Commerce) 
preliminarily determines that certain carbon steel butt-weld pipe 
fittings (butt-weld pipe fittings) exported from Vietnam to the United 
States that were produced using rough fittings from China are not 
subject to the scope of the antidumping (AD) order. Additionally, 
Commerce preliminarily determines that butt-weld pipe fittings exported 
from Vietnam to the United States that were produced using unfinished 
fittings from China are subject to the scope of the AD order.

DATES: Applicable June 23, 2023.

FOR FURTHER INFORMATION CONTACT: Miranda Bourdeau, 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) 482-2021.

SUPPLEMENTARY INFORMATION: 

Background

    On September 26, 2022, Commerce published in the Federal Register a 
notice of a covered merchandise referral and the initiation of a 
covered merchandise inquiry to determine whether: (1) Chinese-origin 
unfinished fittings that only underwent the final stage of three 
production stages (i.e., finishing processes) in Vietnam are within the 
scope of the Order; and (2) whether Chinese-origin rough fittings that 
underwent both the second and third stages of production in Vietnam are 
within the scope of the Order.\1\ For a complete description of the 
events that followed the initiation of this inquiry, see the 
Preliminary Decision Memorandum.\2\ A list of 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 
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, the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \1\ See Certain Carbon Steel Butt-Weld Pipe Fittings from the 
People's Republic of China: Notice of Covered Merchandise Referral 
and Initiation of Covered Merchandise Inquiry, 87 FR 58310 
(September 26, 2022) (Initiation Notice); see also Antidumping Duty 
Order and Amendment to the Final Determination of Sales at Less Than 
Fair Value; Certain Carbon Steel Butt-Weld Pipe Fittings from the 
People's Republic of China, 57 FR 29702 (July 6, 1992) (Order).
    \2\ See Memorandum, ``Certain Carbon Steel Butt-Weld Pipe 
Fittings from the People's Republic of China: Decision Memorandum 
for the Preliminary Results of Covered Merchandise Inquiry--EAPA 
Inv. 7335,'' 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 is unfinished and finished 
butt-weld pipe fittings. For a complete

[[Page 41076]]

description of the scope of the Order, see the Preliminary Decision 
Memorandum.

Merchandise Subject to the Covered Merchandise Inquiry

    The products subject to this inquiry are rough and unfinished 
fittings originating in China and processed into butt-weld pipe 
fittings through two production scenarios in Vietnam. The two 
production scenarios are:
     Scenario 1: Chinese-origin unfinished butt-weld pipe 
fittings undergo the final stage (i.e., finishing processes) of three 
production stages in Vietnam;
     Scenario 2: Chinese-origin rough butt-weld pipe fittings 
undergo the second and third stages of production in Vietnam.

Methodology

    Commerce is conducting this covered merchandise inquiry in 
accordance with section 517 of the Tariff Act of 1930, as amended (the 
Act) and 19 CFR 351.227. For a full description of the methodology 
underlying Commerce's preliminary results, see the Preliminary Decision 
Memorandum.

Preliminary Findings

    We preliminarily determine, pursuant to 19 CFR 351.227(f), that 
rough butt-weld pipe fittings from China that are processed in Vietnam 
into finished butt-weld pipe fittings in the final two stages of 
production are not subject to the scope of the Order. Additionally, we 
preliminarily find that unfinished butt-weld pipe fittings from China 
that are processed in Vietnam into finished butt-weld pipe fittings are 
subject to the scope of the Order. For a full description of the 
methodology underlying our conclusions, see the Preliminary Decision 
Memorandum.

Suspension of Liquidation

    As stated above, Commerce has made a preliminary affirmative 
finding that unfinished butt-weld pipe fittings originating from China 
and finished in Vietnam are subject to the scope of the Order. This 
affirmative in-scope finding applies on a country-wide basis, 
regardless of the producer, exporter, or importer, to all products from 
the same country with the same relevant physical characteristics as the 
products at issue. Therefore, in accordance with 19 CFR 351.227(l)(2), 
Commerce will direct CBP to: (1) continue the suspension of liquidation 
of previously suspended entries and apply the applicable AD cash 
deposit rate; (2) begin the suspension of liquidation and require a 
cash deposit of estimated antidumping duties, at the applicable rate, 
for each unliquidated entry of the product not yet suspended, entered, 
or withdrawn from warehouse, for consumption on or after September 26, 
2022, the date of publication of the notice of initiation of this 
covered merchandise inquiry in the Federal Register; and (3) begin the 
suspension of liquidation and require a cash deposit of estimated 
duties, at the applicable rate, for each unliquidated entry of the 
product not yet suspended, entered, or withdrawn from warehouse, for 
consumption prior to September 26, 2022.\3\
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    \3\ See Initiation Notice.
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Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR 
351.227(d)(3), interested parties may submit case briefs no later than 
five days after the date of publication of this notice. Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed not 
later than three days after the date of filing for case briefs.\4\ 
Parties who submit case briefs or rebuttal briefs in this proceeding 
are requested to submit with each argument: (1) a statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\5\ Executive summaries should be limited to five pages 
total, including footnotes.\6\ All submissions, with limited 
exceptions, must be filed electronically using ACCESS.\7\ Comments must 
be received successfully in their entirety by ACCESS by 5:00 p.m. 
Eastern Time on the due date. Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\8\ Each 
submission must be placed on the record of the segment of the 
proceeding for the AD order (A-570-814), ACCESS Covered Merchandise 
Inquiry segment ``CBP EAPA Inv. 7335.''
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    \4\ See 19 CFR 351.227(d)(3); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \5\ See 19 CFR 351.309(c)(2) and (d)(2).
    \6\ Id.
    \7\ See 19 CFR 351.303.
    \8\ See Temporary Rule.
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    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 written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, filed 
electronically and received successfully in its entirety via ACCESS by 
5:00 p.m. Eastern Time within 10 days after the date of publication of 
this notice.\9\ Hearing 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 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, time, and location of the 
hearing two days before the scheduled date.
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    \9\ Commerce is exercising its discretion under 19 CFR 
351.310(c) to alter the time limit for requesting a hearing.
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Notification to Interested Parties

    This notice is issued and published pursuant to section 517 of the 
Act and 19 CFR 351.227(e)(1).

    Dated: June 16, 2023.
Abdelali Elouaradia,
Deputy 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. Description of Merchandise Subject to This Inquiry
V. Legal Framework
VI. Discussion of the Issues
VII. Recommendation

[FR Doc. 2023-13373 Filed 6-22-23; 8:45 am]
BILLING CODE 3510-DS-P