[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