[Federal Register Volume 88, Number 194 (Tuesday, October 10, 2023)]
[Notices]
[Pages 69909-69910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22368]
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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: Final Determination of Covered Merchandise Inquiry
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain carbon steel butt-weld pipe fittings (butt-weld pipe fittings)
exported from the Socialist Republic of Vietnam (Vietnam) to the United
States that were produced using fittings from the People's Republic of
China (China) that undergo the first stage of production in China
(rough fittings) and the second and third stages of production in
Vietnam are not subject to the scope of the antidumping duty order on
butt-weld pipe fittings from China based on the evidence on the record
in this inquiry. Additionally, Commerce determines that butt-weld pipe
fittings from China that undergo the first and second stages of
production in China (unfinished fittings) and the third stage of
production in Vietnam are subject to the scope of the antidumping duty
order.
DATES: Applicable October 10, 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 June 23, 2023, Commerce published in the Federal Register the
preliminary results of this covered merchandise inquiry, determining
that: (1) Chinese-origin unfinished fittings that only underwent the
final stage of three production stages (i.e., finishing processes) in
Vietnam are covered by the scope of the Order; and (2) Chinese-origin
rough fittings that underwent both the second and third stages of
production in Vietnam are not covered by the scope of the Order.\1\
Commerce received comments from Norca Industrial Company, LLC (Norca)
\2\ and Tube Forgings of America, Inc., Mills Iron Works, Inc., and
Hackney-Ladish, Inc. (collectively, the petitioners).\3\
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\1\ See Certain Carbon Steel Butt-Weld Pipe Fittings from the
People's Republic of China: Preliminary Results of Covered
Merchandise Inquiry, 88 FR 41075 (June 23, 2023) (Preliminary
Results); 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 Norca's Letter, ``Norca Industrial Company, LLC Case
Brief,'' dated June 28, 2023; see also Norca's Letter, ``Norca
Industrial Company, LLC Rebuttal Case Brief,'' dated July 3, 2023.
\3\ See Petitioners' Letter, ``Petitioners' Case Brief,'' dated
June 28, 2023; see also Petitioners' Letter, ``Petitioners' Rebuttal
Brief,'' dated July 3, 2023.
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For a complete description of the events that followed the
Preliminary Results, see the Issues and Decision Memorandum.\4\ The
Issues and Decision
[[Page 69910]]
Memorandum is a public document and is available 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.
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\4\ See Memorandum, ``Decision Memorandum for the Final Results
of Covered Merchandise Inquiry--EAPA Inv. 7335: Certain Carbon Steel
Butt-Weld Pipe Fittings from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
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 description of the scope of the
Order, see the Issues and 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.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this inquiry are addressed in the Issues and
Decision Memorandum. For a list of the issues raised by interested
parties and addressed in the Issues and Decision Memorandum, see the
Appendix to this notice.
Final Determination
We determine, pursuant to 19 CFR 351.227(e)(2), that rough fittings
originating from China that undergo the second and third stages of
production in Vietnam are not subject to the scope of the Order.
Additionally, we find that unfinished fittings from China that undergo
the third stage of production in Vietnam are subject to the scope of
the Order. In reaching this determination, we relied on information
placed on the record by Norca and the petitioners. For further
discussion, see the Issues and Decision Memorandum.
Continuation of Suspension of Liquidation
As stated above, Commerce has made an affirmative finding that
unfinished fittings originating from China that undergo the third stage
of production in Vietnam, which were the subject of this referral from
CBP, 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)(3), for these products,
Commerce will direct CBP to: (1) continue the suspension of liquidation
of previously suspended entries and apply the applicable cash deposit
rate; (2) suspend 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 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) suspend 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,
but after November 4, 2021.\5\
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\5\ 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).
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Customs and Border Protection Notification
In accordance with section 517(b)(4)(B) of the Act, we will notify
CBP of the final results of this covered merchandise inquiry. Commerce
will direct CBP to assess, upon further instruction by Commerce,
antidumping duties on all imports of unfinished fittings from China
that undergo the third stage of production in Vietnam entered, or
withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation, as discussed above in the
``Continuation of Suspension of Liquidation'' section.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition 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 the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This notice is issued and published pursuant to section 517 of the
Act and 19 CFR 351.227(e)(2).
Dated: September 29, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Description of Merchandise Subject to this Inquiry
V. Discussion of the Issues
Comment 1: Whether Commerce Erred in Determining That
Merchandise in Scenario 1 is Within the Scope of the Order
Comment 2: Whether Commerce Erred in Determining That
Merchandise in Scenario 2 is Not Subject to the Scope of the Order
VI. Recommendation
[FR Doc. 2023-22368 Filed 10-6-23; 8:45 am]
BILLING CODE 3510-DS-P