[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Pages 80014-80016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27304]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-891; A-580-904]


Forged Steel Fittings From India and the Republic of Korea: 
Antidumping Duty Orders

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing antidumping duty orders on forged steel fittings 
from India and the Republic of Korea (Korea).

DATES: Applicable December 11, 2020.

FOR FURTHER INFORMATION CONTACT: Caitlin Monks, 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.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on October 19, 
2020, Commerce published its final affirmative determinations in the 
less-than-fair-value (LTFV) investigations of forged steel fittings 
from India and Korea.\1\ On November 25, 2020, the ITC notified 
Commerce of its final affirmative determinations that an industry in 
the United States is materially injured within the meaning of section 
735(b)(1)(A)(i) of the Act, by reason of LTFV imports of forged steel 
fittings from India and Korea.\2\
---------------------------------------------------------------------------

    \1\ See Forged Steel Fittings from India: Final Affirmative 
Determination of Sales at Less Than Fair Value, 85 FR 66306 (October 
19, 2020); see also Forged Steel Fittings from the Republic of 
Korea: Final Affirmative Determination of Sales at Less Than Fair 
Value, 85 FR 66302 (October 19, 2020).
    \2\ See ITC's Letter, ``Notification of ITC Final 
Determinations,'' dated November 25, 2020.
---------------------------------------------------------------------------

Scope of the Orders

    The products covered by these orders are forged steel fittings from 
India and Korea. For a complete description of the scope of the orders, 
see the Appendix to this notice.

Antidumping Duty Orders

    On November 25, 2020, in accordance with sections 735(b)(1)(A)(i) 
and 735(d) of the Act, the ITC notified Commerce of its final 
determinations in this investigation, in which it found that an 
industry in the United States is materially injured by reason of 
imports of forged steel fittings from India and Korea.\3\ Therefore, in 
accordance with section 735(c)(2) of the Act, Commerce is issuing these 
antidumping duty orders. Because the ITC determined that imports of 
forged steel fittings from India and Korea are materially injuring a 
U.S. industry, unliquidated entries of such merchandise from India and 
Korea, entered or withdrawn from warehouse for consumption, are subject 
to the assessment of antidumping duties.
---------------------------------------------------------------------------

    \3\ See ITC Notification; see also Forged Steel Fittings from 
India and Korea (Inv. Nos. 701-TA-631 and 731-TA-1463-1464 (Final), 
USITC Publication 5137, November 2020).
---------------------------------------------------------------------------

    As a result of the ITC's final affirmative determinations, in 
accordance with section 736(a)(1) of the Act, Commerce will direct U.S. 
Customs and Border Protection (CBP) to assess, upon further instruction 
by Commerce, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price or constructed export 
price of the merchandise, for all relevant entries of forged steel 
fittings from India. Antidumping duties will be assessed on 
unliquidated entries of forged steel fittings from India and Korea 
entered, or withdrawn from warehouse, for consumption on or after May 
28, 2020, the date of publication of the Preliminary Determinations,\4\ 
but will not include entries occurring after the expiration of the 
provisional measures period and before publication of the ITC's final 
injury determination, as further described below.
---------------------------------------------------------------------------

    \4\ See Forged Steel Fittings from India: Preliminary 
Affirmative Determination of Sales at Less-Than-Fair-Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 85 FR 32007 (May 28, 2020); see also Forged Steel Fittings 
from the Republic of Korea: Preliminary Affirmative Determination of 
Sales at Less-Than-Fair-Value, Postponement of Final Determination, 
and Extension of Provisional Measures, 85 FR 32010 (May 28, 2020); 
(Preliminary Determinations).
---------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    In accordance with section 736 of the Act, Commerce will instruct 
CBP to continue to suspend liquidation of all relevant entries of 
forged steel fittings from India and Korea, as described in the 
Appendix of this notice, which are entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of the 
ITC's notice of final determination in the Federal Register. These 
instructions suspending liquidation will remain in effect until further 
notice. Because the rate for Shakti Forge Industries Pvt. Ltd (Shakti) 
\5\ is zero, we will not instruct CBP to suspend liquidation of entries 
of subject merchandise produced and exported by Shakti or to require 
cash deposits on such entries. Entries of subject merchandise exported 
to the United States by any other producer/exporter combination, e.g., 
merchandise produced by a third party and exported by Shakti, or 
produced by Shakti and exported by a third party, are not entitled to 
this exclusion from suspension of liquidation and are subject to the 
applicable cash deposit rates noted below.
---------------------------------------------------------------------------

    \5\ Commerce has determined Shakti Forge Industries Pvt. Ltd and 
its affiliate Shakti Forge to constitute a single entity. See 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    Commerce will also instruct CBP to require cash deposits equal to 
the estimated weighted-average dumping margins included in the tables 
below. Accordingly, effective on the date of publication in the Federal 
Register of the notice of the ITC's final affirmative injury 
determinations, CBP will require, at the same time as importers would

[[Page 80015]]

normally deposit estimated duties on subject merchandise, a cash 
deposit equal to the estimated weighted-average dumping margins listed 
in the tables below. The all-others rate for each country applies to 
all producers or exporters not specifically listed.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins for each antidumping 
duty order are as follows:

                                  India
------------------------------------------------------------------------
                                   Estimated
                                   weighted-        Cash deposit rate
       Exporter/producer            average       (adjusted for subsidy
                                dumping margin  offset(s)) (percent) \6\
                                   (percent)
------------------------------------------------------------------------
Shakti Forge Industries Pvt.            * 0.00  Not Applicable.
 Ltd \7\.
Nikoo Forge Pvt. Ltd..........       ** 293.40  290.88.
Pan International.............       ** 293.40  290.88.
Disha Auto Components Pvt. Ltd       ** 293.40  290.88.
Dynamic Flow Products.........       ** 293.40  290.88.
Kirtanlal Steel Pvt Ltd.......       ** 293.40  290.88.
Metal Forgings Pvt Ltd........       ** 293.40  290.88.
Patton International Limited..       ** 293.40  290.88.
Sage Metals Limited...........       ** 293.40  290.88.
Technotrak Engineers..........       ** 293.40  290.88.
All Others....................          195.60  193.08.
------------------------------------------------------------------------
* (de minimis).
** (adverse facts available (AFA)).


                                  Korea
------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Samyoung Fitting Co., Ltd...................................       17.08
Sandong Metal Industry Co., Ltd.............................   ** 198.38
ZEOtech Co., Ltd............................................   ** 198.38
Pusan Coupling Corporation..................................   ** 198.38
Shinchang Industries........................................   ** 198.38
Shinwoo Tech................................................   ** 198.38
Titus Industrial Korea Co, Ltd..............................   ** 198.38
All Others..................................................       17.08
------------------------------------------------------------------------
** AFA.

Provisional Measures
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Final Countervailing Duty Determination 
Calculations for Shakti Forge Industries Pvt. Ltd. and Shakti 
Forge,'' dated October 13, 2020.
    \7\ Commerce has determined Shakti Forge Industries Pvt. Ltd and 
its affiliate Shakti Forge to constitute a single entity. See 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    Section 733(d) of the Act states that suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months, except that Commerce may extend the 
four-month period to no more than six months at the request of 
exporters representing a significant portion of exports of the subject 
merchandise. At the request of exporters that account for a significant 
proportion of forged steel fittings from India and Korea, Commerce 
extended the four-month period to six months in the Preliminary 
Determinations, published on May 28, 2020. Therefore, the extended 
provisional measures period, beginning on the date of publication of 
the Preliminary Determinations, ended on November 23, 2020. Pursuant to 
section 737(b) of the Act, the collection of cash deposits at the rates 
listed above will begin on the date of publication of the ITC's final 
injury determination.
    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of forged steel fittings from India and Korea 
entered, or withdrawn from warehouse, for consumption on or after 
November 24, 2020, the first day provisional measures were no longer in 
effect, until and through the day preceding the date of publication of 
the ITC's final injury determinations in the Federal Register.

Notifications to Interested Parties

    This notice constitutes the antidumping duty orders with respect to 
forged steel fittings from India and Korea, pursuant to section 736(a) 
of the Act. Interested parties can find a list of antidumping duty 
orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
    These orders are issued and published in accordance with section 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: December 4, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Orders

    The merchandise covered by these orders 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 
(including hammer 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;

[[Page 80016]]

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:
    <bullet> American Petroleum Institute (API) 5CT, API 5L, or API 
11B;
    <bullet> American Society of Mechanical Engineers (ASME) B16.9;
    <bullet> Manufacturers Standardization Society (MSS) SP-75;
    <bullet> Society of Automotive Engineering (SAE) J476, SAE J514, 
SAE J516, SAE J517, SAE J518, SAE J1026, SAE J1231, SAE J1453, SAE 
J1926, J2044 or SAE AS 35411;
    <bullet> 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;
    <bullet> Underwriter's Laboratories (UL) certified electrical 
conduit fittings;
    <bullet> ASTM A153, A536, A576, or A865;
    <bullet> Casing conductor connectors made to proprietary 
specifications;
    <bullet> 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;
    <bullet> 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);
    <bullet> Military Specification (MIL) MIL-C-4109F and MIL-F-
3541; and
    <bullet> International Organization for Standardization (ISO) 
ISO6150-B.
    Also excluded from the scope are assembled or unassembled hammer 
unions that consist of a nut and two subs. To qualify for this 
exclusion, the hammer union must meet each of the following 
criteria: (1) The face of the nut of the hammer union is permanently 
marked with one of the following markings: ``FIG 100,'' ``FIG 110,'' 
``FIG 100C,'' ``FIG 200,'' ``FIG 200C,'' ``FIG 201,'' ``FIG 202,'' 
``FIG 206,'' ``FIG 207,'' ``FIG 211,'' ``FIG 300,'' ``FIG 301,'' 
``FIG 400,'' ``FIG 600,'' ``FIG 602,'' ``FIG 607,'' ``FIG 1002,'' 
``FIG 1003,'' ``FIG 1502,'' ``FIG 1505,'' ``FIG 2002,'' or ``FIG 
2202''; (2) the hammer union does not bear any of the following 
markings: ``Class 3000,'' ``Class 3M,'' ``Class 6000,'' ``Class 
6M,'' ``Class 9000,'' or ``Class 9M''; and (3) the nut and both subs 
of the hammer union are painted.
    Also excluded from the scope are subs or wingnuts made to ASTM 
A788, marked with ``FIG 1002,'' ``FIG 1502,'' or ``FIG 2002,'' and 
with a pressure rating of 10,000 PSI or greater. These parts are 
made from AISI/SAE 4130, 4140, or 4340 steel and are 100 percent 
magnetic particle inspected before shipment.
    Also excluded from the scope are tee, elbow, cross, adapter (or 
``crossover''), blast joint (or ``spacer''), blind sub, swivel joint 
and pup joint which have wing nut or not. To qualify for this 
exclusion, these products must meet each of the following criteria: 
(1) Manufacturing and Inspection standard is API 6A or API 16C; and, 
(2) body or wing nut is permanently marked with one of the following 
markings: ``FIG 2002,'' ``FIG 1502,'' ``FIG 1002,'' ``FIG 602,'' 
``FIG 206,'' or ``FIG any other number'' or MTR (Material Test 
Report) shows these FIG numbers.
    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. 2020-27304 Filed 12-10-20; 8:45 am]
BILLING CODE 3510-DS-P