[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Notices]
[Pages 40227-40228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17411]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-565-801]


Stainless Steel Butt-Weld Pipe Fittings From the Philippines: 
Initiation of Antidumping Duty Changed Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to a request from Core Pipe Products, Inc., Shaw 
Alloy Piping Products, Inc., and Taylor Forge Stainless, Inc. (the 
petitioners), the Department of Commerce (Commerce) is initiating a 
changed circumstances review of the antidumping duty order on stainless 
steel butt-weld pipe fittings (pipe fittings) from the Philippines.

DATES: Applicable August 14, 2018.

FOR FURTHER INFORMATION CONTACT: Julie Geiger or Fred Baker, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2057 or (202) 482-2924, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    As a result of the antidumping duty order \1\ issued following the 
completion of the less-than-fair-value (LTFV) investigation of pipe 
fittings from the Philippines, imports of pipe fittings from respondent 
Enlin Steel Corporation (Enlin) became subject to a cash deposit rate 
of 33.81 percent.\2\ The ``all others'' rate established in the LTFV 
investigation was 7.59 percent.\3\
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    \1\ See Antidumping Duty Orders: Stainless Steel Butt-Weld Pipe 
Fittings from Italy, Malaysia, and the Philippines, 66 FR 11257 
(February 23, 2001) (the Order).
    \2\ Id.; see also Stainless Steel Butt-Weld Pipe Fittings from 
the Philippines Amended Final Determination of Sales at Less Than 
Fair Value Pursuant to Court Remand, 70 FR 30086 (May 25, 2005) 
(Amended Order).
    \3\ See the Order and Amended Order.
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    On May 24, 2018, the petitioners requested that Commerce initiate a 
changed circumstances review of the Order, alleging that since 
imposition of the Order, Enlin has been evading the cash deposit rates 
established in the investigation by shipping its production through its 
affiliates Vinox Corporation (Vinox) (or Vinoc Corporation) and E N 
Corporation, which enter merchandise under the lower ``all others'' 
rate.\4\ The petitioners also filed a supplement to their request on 
May 31, 2018, which provided further support for their allegation.\5\ 
On June 26, 2018, Enlin, Vinox, and E N Corporation filed comments 
requesting that Commerce deny the petitioners' request.\6\ The 
petitioners filed a rebuttal to these comments on June 26, 2018, 
requesting that Commerce disregard Enlin's opposition letter.\7\ On 
July 5, 2018,

[[Page 40228]]

Commerce issued a 30-day extension for its decision on whether or not 
to initiate a changed circumstances review, citing the complexities of 
the request.\8\
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    \4\ See Petitioners' Letter, ``Stainless Steel Butt-Weld Pipe 
Fittings from the Philippines--Petitioners' Request for Initiation 
of Changed Circumstances Review A-565-801,'' dated May 24, 2018 
(Petitioners' Request).
    \5\ See Petitioners' Letter, ``Stainless Steel Butt-Weld Pipe 
Fittings from the Philippines--Petitioners' Supplement to Changed 
Circumstances Review Request,'' dated May 31, 2018 (Petitioners' 
Supplement).
    \6\ See Enlin's Letter, dated June 26, 2018.
    \7\ See Petitioners' Letter, ``Antidumping Duty Order on 
Stainless Steel Butt-Weld Pipe Fittings from the Philippines--
Petitioners' Rebuttal to Respondents' Opposition to Changed 
Circumstances Review Request,'' dated June 26, 2018.
    \8\ See Commerce's Letter, ``Stainless Steel Butt-Weld Pipe 
Fittings from the Philippines: Extension of Time for Changed 
Circumstances Review Initiation Decision,'' dated July 5, 2018.
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Scope of the Order

    The products covered by the order are certain stainless steel butt-
weld pipe fittings that are under 14 inches in outside diameter (based 
on nominal pipe size), whether finished or unfinished. For a full 
description of the scope of the order, see the Appendix to this notice.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended 
(the Act), Commerce will conduct a changed circumstances review upon 
receipt of information concerning, or a request from an interested 
party of, an antidumping duty order which shows changed circumstances 
sufficient to warrant a review of the order. In its request for 
initiation, the petitioners provided information indicating that since 
the issuance of the Order, there has been a change in the trading 
patterns and activities of Enlin, Vinox, and E N Corporation. The 
petitioners assert that the information provided demonstrates that the 
Order is being evaded. In accordance with 19 CFR 351.216(d), based on 
the information provided by the petitioners regarding new trading 
patterns and possible evasion of the Order, Commerce finds that changed 
circumstances sufficient to warrant the initiation of a changed 
circumstances review exist. Therefore, we are initiating a changed 
circumstances administrative review, pursuant to section 751(b)(1) of 
the Act and 19 CFR 351.216(b) and (d) to determine whether action is 
necessary to maintain the integrity of the Order. Commerce intends to 
publish in the Federal Register a notice of preliminary results of the 
antidumping duty changed circumstances review, in accordance with 19 
CFR 351.221(b)(4) and 351.221(c)(3)(i), which will set forth Commerce's 
preliminary factual and legal conclusions. Commerce will issue its 
final results of review in accordance with the time limits set forth in 
19 CFR 351.216(e).
    We are issuing this notice in accordance with sections 751(b)(1) 
and 777(i)(l) of the Act and 19 CFR 351.216.

    Dated: August 6, 2018.
James Maeder
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.

Appendix

Scope of the Order

    The products covered by the order are certain stainless steel 
butt-weld pipe fittings. Certain stainless steel butt-weld pipe 
fittings are under 14 inches in outside diameter (based on nominal 
pipe size), whether finished or unfinished. The products encompass 
all grades of stainless steel and ``commodity'' and ``specialty'' 
fittings. Specifically excluded from the definition are threaded, 
grooved, and bolted fittings, and fittings made from any material 
other than stainless steel.
    The fittings subject to the order are generally designated under 
specification ASTM A403/A403M, the standard specification for 
Wrought Austenitic Stainless Steel Piping Fittings, or its foreign 
equivalents (e.g., DIN or JIS specifications). This specification 
covers two general classes of fittings, WP and CR, of wrought 
austenitic stainless steel fittings of seamless and welded 
construction covered by the latest revision of ANSI B16.9, ANSI 
B16.11, and ANSI B16.28. Pipe fittings manufactured to specification 
ASTM A774, or its foreign equivalents, are also covered by the 
order.
    The order does not apply to cast fittings. Cast austenitic 
stainless steel pipe fittings are covered by specifications A351/
A351M, A743/743M, and A744/A744M.
    The stainless steel butt-weld pipe fittings subject to the order 
are currently classifiable under subheading 7307.23.0000 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this order is 
dispositive.
[FR Doc. 2018-17411 Filed 8-13-18; 8:45 am]
 BILLING CODE 3510-DS-P