[Federal Register Volume 84, Number 225 (Thursday, November 21, 2019)]
[Notices]
[Pages 64265-64270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25043]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-891, A-580-904]
Forged Steel Fittings From India and the Republic of Korea:
Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable November 12, 2019.
FOR FURTHER INFORMATION CONTACT: Caitlin Monks or Charlotte Baskin-
Gerwitz, AD/CVD Operations, Office VII, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2670
or (202) 482-4880, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On October 23, 2019, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of forged
steel fittings from India and the Republic of Korea (Korea), filed in
proper form by Bonney Forge Corporation and the United Steel, Paper and
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service
Workers International Union (USW) (collectively, the petitioners).\1\
The Petitions were accompanied by a countervailing duty (CVD) petition
concerning imports of forged steel fittings from India.\2\ The
petitioners are a domestic producer of forged steel fittings and a
certified union that represents workers who produce forged steel
fittings.\3\
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\1\ See Petitioners' Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties: Forged Steel Fittings from
India and the Republic of Korea,'' dated October 23, 2019 (the
Petitions).
\2\ Id.
\3\ See Volume I of the Petitions at 2.
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On October 28 and November 4, 2019, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in separate
supplemental questionnaires.\4\ The petitioners filed responses to the
supplemental questionnaires on October 30, November 4, and November 6,
2019.\5\
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\4\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Forged Steel
Fittings from India and the Republic of Korea: Supplemental
Questions,'' dated October 28, 2019 (General Issues Supplemental);
``Petition for the Imposition of Antidumping Duties on Imports of
Forged Steel Fittings from India: Supplemental Questions,'' dated
October 28, 2019; ``Petitions for the Imposition of Antidumping and
Countervailing Duties on Imports of Forged Steel Fittings from the
Republic of Korea: Supplemental Questions,'' dated May 14, 2019;
Memorandum, ``Petition for the Imposition of Antidumping Duties on
Imports of Forged Steel Fittings from India: Phone Call with Counsel
to the Petitioners,'' dated November 4, 2019; and Memorandum,
``Petitions for the Imposition of Antidumping and Countervailing
Duties on Imports of Forged Steel Fittings from India and the
Republic of Korea: Phone Call with Counsel to the Petitioners,''
dated November 4, 2019 (Scope Memo).
\5\ See Petitioners' Letters, ``Forged Steel Fittings from India
and the Republic of Korea: Response to General Issues
Questionnaire,'' dated October 30, 2019 (General Issues Supplement);
``Forged Steel Fittings from Korea: Response to Supplemental
Questionnaire,'' dated October 30, 2019; ``Forged Steel Fittings
from India: Response to Antidumping Questionnaire,'' dated October
30, 2019; ``Forged Steel Fittings from India and the Republic of
Korea: Response on Revisions to the Scope,'' dated November 4, 2019;
and ``Forged Steel Fittings from India: Response to Additional
Antidumping Questions,'' dated November 6, 2019.
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of forged steel
fittings from India and Korea are being, or are likely to be, sold in
the United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that such imports are materially injuring,
or threatening material injury to, the domestic industry producing
forged steel fittings in the United States. Consistent with section
732(b)(1) of the Act, the Petitions are accompanied by information
reasonably available to the petitioners supporting their allegations.
Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry, because the petitioners are interested
parties, as defined in sections 771(9)(C) and (D) of the Act. Commerce
also finds that the petitioners demonstrated sufficient industry
support with respect to the initiation of the requested AD
investigations.\6\
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\6\ See the ``Determination of Industry Support for the
Petitions'' section, infra.
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Periods of Investigation
Because the Petitions were filed on October 23, 2019, the period of
investigation (POI) for the India and Korea AD investigations is
October 1, 2018 through September 30, 2019, pursuant to 19 CFR
351.204(b)(1).
Scope of the Investigations
The products covered by these investigations are forged steel
fittings from India and Korea. For a full description of the scope of
these investigations, see the Appendix to this notice.
[[Page 64266]]
Comments on the Scope of the Investigations
During our review of the Petitions, we contacted the petitioners
regarding the proposed scope to ensure that the scope language in the
Petitions is an accurate reflection of the products for which the
domestic industry is seeking relief.\7\ As a result, the scope of the
Petitions was modified to clarify the description of the merchandise
covered by the Petitions. The description of the merchandise covered by
these investigations, as described in the Appendix to this notice,
reflects these clarifications.
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\7\ See General Issues Supplemental; see also Scope Memo.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (scope).\8\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\9\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit scope comments by 5:00 p.m. Eastern Time
(ET) on December 2, 2019, which is 20 calendar days from the signature
date of this notice. Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on December 12, 2019, which
is 10 calendar days from the initial comment deadline.\10\
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\8\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\9\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\10\ See 19 CFR 351.303(b).
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Commerce requests that any factual information parties consider
relevant to the scope of the investigations be submitted during this
period. However, if a party subsequently finds that additional factual
information pertaining to the scope of the investigations may be
relevant, the party may contact Commerce and request permission to
submit the additional information. All such submissions must be filed
on the records of the concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS).\11\ An electronically
filed document must be received successfully in its entirety by the
time and date it is due. Documents exempted from the electronic
submission requirements must be filed manually (i.e., in paper form)
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, and stamped with the date and time of receipt by the applicable
deadlines.
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\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of forged steel fittings to
be reported in response to Commerce's AD questionnaires. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant costs of
production accurately, as well as to develop appropriate product-
comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General product
characteristics, and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe forged steel fittings, it may be that only a select few
product characteristics take into account commercially meaningful
physical characteristics. In addition, interested parties may comment
on the order in which the physical characteristics should be used in
matching products. Generally, Commerce attempts to list the most
important physical characteristics first and the least important
characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on December 2,
2019, which is 20 calendar days from the signature date of this
notice.\12\ Any rebuttal comments must be filed by 5:00 p.m. ET on
December 12, 2019. All comments and submissions to Commerce must be
filed electronically using ACCESS, as explained above, on the record of
each of the AD investigations.
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\12\ See 19 CFR 351.303(b).
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Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\13\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\14\
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\13\ See section 771(10) of the Act.
\14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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[[Page 64267]]
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the Petitions.\15\ Based on our analysis of the information
submitted on the record, we have determined that forged steel fittings,
as defined in the scope, constitute a single domestic like product, and
we have analyzed industry support in terms of that domestic like
product.\16\
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\15\ See Volume I of the Petitions at 12-14; see also General
Issues Supplement at 6.
\16\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Antidumping Duty Investigation Initiation Checklist: Forged
Steel Fittings from India (India AD Initiation Checklist), at
Attachment II, Analysis of Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Forged Steel Fittings from
India and the Republic of Korea (Attachment II); see also
Antidumping Duty Investigation Initiation Checklist: Forged Steel
Fittings from the Republic of Korea (Korea AD Initiation Checklist),
at Attachment II. These checklists are dated concurrently with, and
hereby adopted by, this notice and on file electronically via
ACCESS. Access to documents filed via ACCESS is also available in
the Central Records Unit, Room B8024 of the main Commerce building.
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In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the Appendix to
this notice. To establish industry support, the petitioners provided
their own production of the domestic like product in 2018, as well as
the 2018 production of Capitol Manufacturing Company LLC (Capitol
Manufacturing), a U.S. producer of forged steel fittings that supports
the Petitions.\17\ The petitioners compared the production of the
supporters of the Petitions to the estimated total production of the
domestic like product for the entire domestic industry.\18\ We relied
on data provided by the petitioners for purposes of measuring industry
support.\19\
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\17\ See Volume I of the Petitions at 4 and Exhibits I-3 and I-
4.
\18\ Id. at 4-5 and Exhibits I-3 and I-4; see also General
Issues Supplement at 6-8 and Exhibit 12.
\19\ See Volume I of the Petitions at 4-5 and Exhibits I-3 and
I-4; see also General Issues Supplement at 6-8 and Exhibit 12. For
further discussion, see India AD Initiation Checklist at Attachment
II; see also Korea AD Initiation Checklist at Attachment II.
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Our review of the data provided in the Petitions, the General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioners have established industry support for
the Petitions.\20\ First, the Petitions established support from
domestic producers (or workers) accounting for more than 50 percent of
the total production of the domestic like product and, as such,
Commerce is not required to take further action in order to evaluate
industry support (e.g., polling).\21\ Second, the domestic producers
(or workers) have met the statutory criteria for industry support under
section 732(c)(4)(A)(i) of the Act, because the domestic producers (or
workers) who support the Petitions account for at least 25 percent of
the total production of the domestic like product.\22\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 732(c)(4)(A)(ii) of the Act, because the
domestic producers (or workers) who support the Petitions account for
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the Petitions.\23\ Accordingly, Commerce determines that
the Petitions were filed on behalf of the domestic industry within the
meaning of section 732(b)(1) of the Act.
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\20\ See India AD Initiation Checklist at Attachment II; see
also Korea AD Initiation Checklist at Attachment II.
\21\ See section 732(c)(4)(D) of the Act; see also India AD
Initiation Checklist at Attachment II; and Korea AD Initiation
Checklist at Attachment II.
\22\ See India AD Initiation Checklist at Attachment II; see
also Korea AD Initiation Checklist at Attachment II.
\23\ See India AD Initiation Checklist at Attachment II; see
also Korea AD Initiation Checklist at Attachment II.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at less than normal value (NV). In addition, the
petitioners allege that subject imports exceed the negligibility
threshold provided for under section 771(24)(A) of the Act.\24\
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\24\ See Volume I of the Petitions at 22 and Exhibit I-15.
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The petitioners contend that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price depression or suppression;
and declines in the domestic industry's production, capacity
utilization, U.S. shipments, and financial performance.\25\ We have
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, causation, as well as cumulation,
and we have determined that these allegations are properly supported by
adequate evidence, and meet the statutory requirements for
initiation.\26\
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\25\ Id. at 16-35 and Exhibits I-1, I-14, I-15 and I-17 through
I-20.
\26\ See India AD Initiation Checklist at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Forged Steel Fittings from India and the Republic of Korea
(Attachment III); see also Korea AD Initiation Checklist, at
Attachment III.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate AD investigations of
imports of forged steel fittings from India and Korea. The sources of
data for the deductions and adjustments relating to U.S. price and
normal value (NV) are discussed in greater detail in the country-
specific AD Initiation Checklists.
Export Price
For India and Korea, the petitioners based export price (EP) on the
average unit values (AUVs) of publicly available import data. The
petitioners made deductions from U.S. price for foreign inland freight
and foreign brokerage and handling charges.\27\
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\27\ See India AD Initiation Checklist; see also Korea
Initiation Checklist.
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Normal Value
For Korea, the petitioners based NV on home market prices obtained
through market research for forged steel fittings produced in and sold,
or offered for sale, in Korea within the POI.\28\
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\28\ See Korea Initiation Checklist.
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For India, the petitioners were unable to obtain information
relating to the prices charged for forged steel fittings produced in
and sold, or offered for sale, in India or third country prices.\29\
The petitioners therefore calculated normal value based on constructed
value (CV).\30\ For further discussion of
[[Page 64268]]
CV, see the section ``Normal Value Based on Constructed Value.'' \31\
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\29\ See India AD Initiation Checklist.
\30\ Id.
\31\ In accordance with section 505(a) of the Trade Preferences
Extension Act of 2015, amending section 773(b)(2) of the Act, for
these investigations, Commerce will request information necessary to
calculate the CV and cost of production (COP) to determine whether
there are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product. Commerce no longer requires a COP
allegation to conduct this analysis.
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Normal Value Based on Constructed Value
As noted, the petitioner was unable to obtain information relating
to the prices charged for forged steel fittings produced in India, or
third country prices; accordingly, the petitioner based NV on CV.\32\
Pursuant to section 773(e) of the Act, CV consists of the cost of
manufacturing (COM), selling, general, and administrative (SG&A)
expenses, financial expenses, packing expenses, and profit. For India,
the petitioner calculated the COM based on the input factors of
production and its own usage rates. The input factors of production
were valued using publicly available data on costs specific to India
during the proposed POI.\33\ Specifically, the prices for raw
materials, reclaimed steel scrap, and packing inputs were valued using
publicly available import and domestic price data for India.\34\ Labor
and energy costs were valued using publicly available sources for
India.\35\ The petitioner calculated factory overhead, SG&A expenses,
financial expenses, and profit for India based on the ratios found in
the experience of a producer of identical or comparable merchandise
from India.\36\
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\32\ See India AD Initiation Checklist; see also Korea AD
Initiation Checklist.
\33\ Id.
\34\ Id.
\35\ Id.
\36\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of forged steel fittings from India and Korea are
being, or are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margins for forged steel fittings from India
range from 52.48 to 293.40 percent and from Korea range from 45.31 to
198.38 percent.\37\
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\37\ Id.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating AD investigations to determine
whether imports of forged steel fittings from India and Korea are
being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of this
initiation.
Respondent Selection
In the Petitions, the petitioners named 12 companies in India \38\
and four companies in Korea,\39\ as producers/exporters of forged steel
fittings. Following standard practice in AD investigations involving
market economy countries, in the event Commerce determines that the
number of companies is large and it cannot individually examine each
company based upon Commerce's resources, where appropriate, Commerce
intends to select respondents in India and Korea based on U.S. Customs
and Border Protection (CBP) data for U.S. imports under the appropriate
Harmonized Tariff Schedule of the United States numbers listed in the
``Scope of the Investigations,'' in the Appendix.
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\38\ See Volume I of the Petitions at Exhibit I-13.
\39\ Id.
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Between November 5 and November 6, 2019, Commerce released CBP data
on imports of forged steel fittings from India and Korea under APO to
all parties with access to information protected by APO and indicated
that interested parties wishing to comment on the CBP data must do so
within three business days of the publication date of the notice of
initiation of these investigations.\40\ Commerce will not accept
rebuttal comments regarding the CBP data or respondent selection.
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\40\ See Memoranda, ``Antidumping Duty Investigation of Forged
Steel Fittings from India: Release of Customs Data from U.S. Customs
and Border Protection,'' dated November 6, 2019; and ``Antidumping
Duty Investigation of Forged Steel Fittings from Korea: Release of
Customs Data from U.S. Customs and Border Protection,'' dated
November 5, 2019.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on the Commerce's website at http://enforcement.trade.gov/apo.
Comments must be filed electronically using ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above.
We intend to finalize our decisions regarding respondent selection
within 20 days of publication of this notice.
Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the governments of India and Korea via ACCESS. To the
extent practicable, we will attempt to provide a copy of the public
version of the Petitions to each exporter named in the Petitions, as
provided under 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of forged steel fittings from India and/or
Korea are materially injuring, or threatening material injury to, a
U.S. industry.\41\ A negative ITC determination for any country will
result in the investigations being terminated with respect to that
country.\42\ Otherwise, these investigations will proceed according to
statutory and regulatory time limits.
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\41\ See section 733(a) of the Act.
\42\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \43\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\44\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on
[[Page 64269]]
the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\43\ See 19 CFR 351.301(b).
\44\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 504 of the Trade Preferences Extension Act of 2015 amended
the Act by adding the concept of particular market situation (PMS) for
purposes of CV under section 773(e) of the Act.\45\ Section 773(e) of
the Act states that ``if a particular market situation exists such that
the cost of materials and fabrication or other processing of any kind
does not accurately reflect the cost of production in the ordinary
course of trade, the administering authority may use another
calculation methodology under this subtitle or any other calculation
methodology.'' When an interested party submits a PMS allegation
pursuant to section 773(e) of the Act, Commerce will respond to such a
submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce finds
that a PMS exists under section 773(e) of the Act, then it will modify
its dumping calculations appropriately.
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\45\ See Trade Preferences Extension Act of 2015, Public Law
114-27, 129 Stat. 362 (2015).
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Neither section 773(e) of the Act nor 19 CFR 351.301(c)(2)(v) set a
deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301. For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; under limited circumstances we will
grant untimely-filed requests for the extension of time limits. Parties
should review Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information
in these investigations.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\46\
Parties must use the certification formats provided in 19 CFR
351.303(g).\47\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\46\ See section 782(b) of the Act.
\47\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce
published Antidumping and Countervailing Duty Proceedings: Documents
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008).
Parties wishing to participate in these investigations should ensure
that they meet the requirements of these procedures (e.g., the filing
of letters of appearance as discussed at 19 CFR 351.103(d)).
This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: November 12, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these investigations is carbon and
alloy forged steel fittings, whether unfinished (commonly known as
blanks or rough forgings) or finished. Such fittings are made in a
variety of shapes including, but not limited to, elbows, tees,
crosses, laterals, couplings, reducers, caps, plugs, bushings,
unions, and outlets. Forged steel fittings are covered regardless of
end finish, whether threaded, socket-weld or other end connections.
The scope includes integrally reinforced forged branch outlet
fittings, regardless of whether they have one or more ends that is a
socket welding, threaded, butt welding end, or other end
connections.
While these fittings are generally manufactured to
specifications ASME B16.11, MSS SP-79, MSS SP-83, MSS-SP-97, ASTM
A105, ASTM A350 and ASTM A182, the scope is not limited to fittings
made to these specifications.
The term forged is an industry term used to describe a class of
products included in applicable standards, and it does not reference
an exclusive manufacturing process. Forged steel fittings are not
manufactured from casings. Pursuant to the applicable standards,
fittings may also be machined from bar stock or machined from
seamless pipe and tube.
All types of forged steel fittings are included in the scope
regardless of nominal pipe size (which may or may not be expressed
in inches of nominal pipe size), pressure class rating (expressed in
pounds of pressure, e.g., 2,000 or 2M; 3,000 or 3M; 6,000 or 6M;
9,000 or 9M), wall thickness, and whether or not heat treated.
Excluded from this scope are all fittings entirely made of
stainless steel. Also excluded are flanges, nipples, and all
fittings that have a maximum pressure rating of 300 pounds per
square inch/PSI or less.
Also excluded from the scope are fittings certified or made to
the following standards, so long as the fittings are not also
manufactured to the specifications of ASME B16.11, MSS SP-79, MSS
SP-83, MSS SP-97, ASTM A105, ASTM A350 and ASTM A182:
American Petroleum Institute (API) 5CT, API 5L, or
API11B;
American Society of Mechanical Engineers (ASME) B16.9;
Manufacturers Standardization Society (MSS) SP-75;
Society of Automotive Engineering (SAE) J476, SAE J514,
SAE J516, SAE J517, SAE J518, SAE J1026, SAEJ1231, SAE J1453, SAE
J1926, J2044 or SAE AS 35411;
Hydraulic hose fittings (e.g., fittings used in high
pressure water cleaning applications, in the manufacture of
hydraulic engines, to connect rubber dispensing hoses to a
dispensing nozzle or grease fitting) made to ISO 12151-1, 12151-2,
12151-3, 12151-4, 12151-5, or 12151-6;
Underwriter's Laboratories (UL) certified electrical
conduit fittings;
ASTM A153, A536, A576, or A865;
Casing Conductor Connectors made to proprietary
specifications;
Machined steel parts (e.g., couplers) that are not
certified to any specifications in this scope description and that
are not for connecting steel pipes for distributing gas and liquids;
Oil country tubular goods (OCTG) connectors (e.g.,
forged steel tubular connectors for API 5L pipes or OCTG for
offshore oil and gas drilling and extraction);
Military Specification (MIL) MIL-C-4109F and MIL-F-
3541; and
[[Page 64270]]
International Organization for Standardization (ISO)
ISO6150-B.
To be excluded from the scope, products must have the
appropriate standard or pressure markings and/or be accompanied by
documentation showing product compliance to the applicable standard
or pressure, e.g., ``API 5CT'' mark and/or a mill certification
report.
Subject carbon and alloy forged steel fittings are normally
entered under Harmonized Tariff Schedule of the United States
(HTSUS) 7307.92.3010, 7307.92.3030, 7307.92.9000, 7307.99.1000,
7307.99.3000, 7307.99.5045, and 7307.99.5060. They may also be
entered under HTSUS 7307.93.3010, 7307.93.3040, 7307.93.6000,
7307.93.9010, 7307.93.9040, 7307.93.9060, and 7326.19.0010.
The HTSUS subheadings and specifications are provided for
convenience and customs purposes; the written description of the
scope is dispositive.
[FR Doc. 2019-25043 Filed 11-20-19; 8:45 am]
BILLING CODE 3510-DS-P