[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85221-85224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26879]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-067]


Forged Steel Fittings From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review, 
Preliminary Determination of No Shipments; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Qingdao Bestflow Industrial Co., Ltd. (Bestflow), the 
sole participating mandatory respondent in this review and an exporter 
of forged steel fittings from the People's Republic of China (China), 
as well as Both-Well Taizhou Steel Fittings Co., Ltd. (Both-Well), a 
non-individually-examined exporter of forged steel fittings from China, 
sold subject merchandise in the United States at prices below normal 
value (NV) during the period of review (POR) November 1, 2021, through 
October 31, 2022. Further, Commerce preliminarily determines that Xin 
Yi International Trade Co., Limited (Xin Yi) had no shipments of 
subject merchandise during the POR. Lastly, Commerce preliminarily 
determines that Lianfa Stainless Steel Pipes & Valves (Qingyun) Co., 
Ltd. (Lianfa), Yingkou Guangming Pipeline Industry Co., Ltd. (Yingkou 
Guangming), Jiangsu Forged Pipe Fittings Co., Ltd. (Jiangsu), and 20 
other companies for which this review was initiated are not eligible 
for a separate rate and, are thus, part of the China-wide entity. 
Interested parties are invited to comment on these preliminary results.

DATES: Applicable December 7, 2023.

FOR FURTHER INFORMATION CONTACT: Jinny Ahn, AD/CVD Operations, Office 
VIII, Enforcement and Compliance, International Trade Administration, 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-0339.

SUPPLEMENTARY INFORMATION: 

Background

    This administrative review is being conducted in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act). On 
January 3, 2023, Commerce published the notice of initiation of this 
administrative review, covering 26 companies.\1\ On March 23, 2023, 
Commerce selected as the mandatory respondents, Lianfa Stainless Steel 
Pipes & Valves (Qingyun) Co., Ltd. (Lianfa) and Bestflow, the companies 
accounting for the largest volume of suspended U.S. entries of subject 
merchandise into the United States as reported by U.S. Customs and 
Border Protection (CBP).\2\ On March 23, 2023, Commerce also issued its 
initial non-market economy (NME) antidumping duty questionnaire to 
Bestflow and Lianfa. On April 14, 2023, Lianfa notified Commerce that 
it intended not to participate in this review.\3\ On June 29, 2023, 
Commerce selected Yingkou Guangming as an additional mandatory 
respondent based on the volume of suspended entries of subject 
merchandise, entered for consumption into the United States during the 
POR, and issued its initial questionnaire to Yingkou Guangming.\4\ On 
July 14, 2023, Yingkou Guangming notified Commerce that it intended not 
to participate in this review.\5\ On July 25, 2023, Commerce selected 
Jiangsu as a second additional mandatory respondent based on the volume 
of suspended entries of subject merchandise entered for consumption 
into the United States during the POR, and issued its initial 
questionnaire to Jiangsu.\6\ On August 8, 2023, Jiangsu notified 
Commerce that it intended not to participate in this review.\7\ On July 
11, 2023, Commerce extended the preliminary results deadline by 120 
days.\8\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 50 (January 3, 2023).
    \2\ See Memorandum, ``Respondent Selection,'' dated March 23, 
2023.
    \3\ See Lianfa's Letter, ``Lianfa Notice of Intent Not to 
Participate,'' dated April 14, 2023.
    \4\ See Memorandum, ``Selection of an Additional Mandatory 
Respondent,'' dated June 29, 2023.
    \5\ See Yingkou Guangming's Letter, ``Yingkou Notice of Intent 
Not to Participate,'' dated July 14, 2023.
    \6\ See Memorandum, ``Selection of a Second Additional Mandatory 
Respondent,'' dated July 25, 2023.
    \7\ See Jiangsu's Letter, ``Notice of Intent Not to 
Participate,'' dated August 8, 2023.
    \8\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated July 11, 
2023.
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\9\ A list of the topics included in the Preliminary 
Decision Memorandum is included in Appendix I to this notice. The 
Preliminary Decision Memorandum is a public document and is made 
available to the public via Enforcement

[[Page 85222]]

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 Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \9\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2022 Antidumping Duty Administrative Review: 
Forged Steel Fittings from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order <SUP>10</SUP>
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    \10\ See Forged Steel Fittings from Italy and the People's 
Republic of China: Antidumping Duty Orders, 83 FR 60397 (November 
26, 2018) (Order).
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    The merchandise covered by the Order is carbon and alloy forged 
steel fittings, whether unfinished (commonly known as blanks or rough 
forgings) or finished. Subject carbon and alloy forged steel fittings 
are normally entered under Harmonized Tariff Schedule of the United 
States (HTSUS) subheadings 7307.99.1000, 7307.99.3000, 7307.99.5045, 
and 7307.99.5060. They also may be entered under HTSUS subheadings 
7307.92.3010, 7307.92.3030, 7307.92.9000, and 7326.19.0010. The HTSUS 
subheadings and specifications are provided for convenience and customs 
purposes; the written description of the scope is dispositive. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act and 19 CFR 351.213. We calculated export prices 
in accordance with section 772 of the Act. Because China is an NME 
country within the meaning of section 771(18) of the Act, NV has been 
calculated in accordance with section 773(c) of the Act. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.

Continuation of Administrative Review for Various Companies

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. On 
March 30, 2023, Jiangsu, Lianfa, Xin Yi, and Yingkou Guangming timely 
withdrew their requests for review.\11\ On April 2, 2023, Both-Well 
timely withdrew its request for review.\12\ However, as Bonney Forge 
Corporation (Bonney Forge), a domestic producer and interested party, 
also requested review of these five companies and Bonney Forge's 
request has not been withdrawn,\13\ we are not rescinding this review 
with respect to these five companies, pursuant to 19 CFR 351.213(d)(1).
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    \11\ See Jiangsu, Lianfa, Yingkou Guangming, and XinYi's Letter, 
``Withdrawal of Requests for Administrative Review,'' dated March 
30, 2023.
    \12\ See Both-Well's Letter, ``Withdrawal of Requests for 
Administrative Review,'' dated April 2, 2023.
    \13\ See Bonney Forge's Letter, ``Request for Administrative 
Review,'' dated November 30, 2022.
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Preliminary Determination of No Shipments

    Xin Yi reported that it made no shipments of subject merchandise to 
the United States during the POR.\14\ Subsequently, Commerce requested 
that CBP provide any information which may contradict Xin Yi's claim; 
CBP reported no such contradictory information. Because Xin Yi 
certified that it made no shipments of subject merchandise, and there 
is no information on the record which contradicts its claim, Commerce 
preliminarily determines that Xin Yi did not have shipments of subject 
merchandise to the United States during the POR. Consistent with 
Commerce's practice, Commerce will not rescind the review with respect 
to this company, but instead, will complete the review and issue 
assessment instructions to CBP based on the final results.\15\
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    \14\ See Xin Yi's Letter, ``No Sales Certification,'' dated 
February 1, 2023.
    \15\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR at 
51306 (August 28, 2014).
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Separate Rates

    Commerce preliminarily finds that 23 companies for which a review 
was initiated did not establish their eligibility for a separate rate 
because they failed to provide a separate rate application, a separate 
rate certification, or a no-shipment certification if they were already 
eligible for a separate rate, or did not cooperate to the best of their 
ability and refused to provide Commerce with a complete response to its 
questionnaire.\16\ As such, we preliminarily determine these 23 
companies are part of the China-wide entity.
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    \16\ See Appendix II of this notice which identifies these 23 
companies.
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    Additionally, Commerce preliminarily finds that the information 
placed on the record by Bestflow and Both-Well demonstrates that these 
companies are eligible for a separate rate. For additional information, 
see the Preliminary Decision Memorandum.

Weighted-Average Dumping Margin for Non-Examined Companies Granted a 
Separate Rate

    In these preliminary results, the sole individually examined 
mandatory respondent (i.e., Bestflow) received a weighted-average 
dumping margin that is not zero, de minimis, or based entirely on facts 
available. Therefore, consistent with section 735(c)(5)(A) of the Act, 
we find it appropriate to assign the calculated weighted-average 
dumping margin for Bestflow (i.e., 496.77 percent) as the weighted-
average dumping margin for the non-examined, separate rate company 
Both-Well. For additional information, see the Preliminary Decision 
Memorandum.

The China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\17\ Under this policy, 
the China-wide entity will not be under review unless a party 
specifically requests and Commerce initiates, or Commerce self-
initiates, a review of the China-wide entity.\18\ Because no party 
requested a review of the China-wide entity and no review was initiated 
for this POR, the China-wide entity is not under review and the China-
wide entity's rate (i.e., 142.72 percent) is not subject to change.\19\ 
For additional information, see the Preliminary Decision Memorandum.
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    \17\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \18\ Id.
    \19\ See Order, 83 FR at 60397.
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Preliminary Results of Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the POR:

[[Page 85223]]



------------------------------------------------------------------------
                                                       Weighted- average
                      Exporter                          dumping margin
                                                           (percent)
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Qingdao Bestflow Industrial Co., Ltd................              496.77
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    Review-Specific Average Rate Applicable to the Following Company
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Both-Well (Taizhou) Steel Fittings Co., Ltd.........              496.77
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Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to interested parties subject to an administrative 
protective order within five days after the date of publication of this 
notice.\20\ Pursuant to 19 CFR 351.309(c)(ii), interested parties may 
each submit a case brief no later than 30 days after the date of 
publication of this notice. Rebuttal briefs, limited to issues raised 
in the case briefs, may be filed not later than five days after the 
date for filing case briefs.\21\ Interested parties who submit case 
briefs or rebuttal briefs in this proceeding must submit: (1) a table 
of contents listing each issue; and (2) a table of authorities.\22\
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    \20\ See 19 CFR 351.224(b).
    \21\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Final Service Rule).
    \22\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\23\ Further, 
we request that interested parties limit their executive summary of 
each issue to no more than 450 words, not including citations. We 
intend to use the executive summaries as the basis of the comment 
summaries included in the issues and decision memorandum that will 
accompany the final results in this administrative review. We request 
that interested parties include footnotes for relevant citations in the 
executive summary of each issue. Note that Commerce has amended certain 
of its requirements pertaining to the service of documents in 19 CFR 
351.303(f).\24\
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    \23\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \24\ See APO and Final Service Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time 
within 30 days after the date of publication of this notice.

Final Results of Review

    Unless the deadline is extended, Commerce intends to issue the 
final results of this administrative review, which will include the 
results of its analysis of issues raised in any briefs, within 120 days 
of publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by this review. 
Upon issuance of the final results, Commerce will determine, and CBP 
shall assess, antidumping duties on all appropriate entries covered by 
this review.\25\ Commerce intends to issue assessment instructions to 
CBP no earlier than 35 days after the date of publication of the final 
results of this review. If a timely summons is filed at the U.S. Court 
of International Trade, the assessment instructions will direct CBP not 
to liquidate relevant entries until the time for parties to file a 
request for a statutory injunction has expired (i.e., within 90 days of 
publication).
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    \25\ See 19 CFR 351.212(b)(1).
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    We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review, when the company-specific 
weighted-average dumping margin is not zero or de minimis (i.e., less 
than 0.50 percent), or when the importer-specific assessment rate 
calculated in the final results of this review is not zero or de 
minimis.\26\ Where either a company's weighted-average dumping margin 
is zero or de minimis, or an importer-specific assessment rate is zero 
or de minimis, we will instruct CBP to liquidate the appropriate 
entries without regard to antidumping duties.
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    \26\ See 19 CFR 351.106(c)(2).
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    If Bestflow's weighted-average dumping margin is not zero or de 
minimis in the final results of this review, Commerce will instruct CBP 
to assess antidumping duties at the time of liquidation, in accordance 
with 19 CFR 351.212(b)(1).\27\ Because Bestflow did not report entered 
value for its U.S. sales, we intend to calculate customer-specific per-
unit assessment rates by dividing the total amount of dumping 
calculated for all reviewed sales to the customer by the total quantity 
of the sales to the customer. Commerce will also calculate (estimated) 
ad valorem customer-specific assessment rates with which to assess 
whether the per-unit assessment rates are de minimis. We intend to 
calculate estimated customer-specific ad valorem assessment rates by 
dividing the total amount of dumping calculated for all reviewed U.S. 
sales to the customer by the total estimated entered value of the 
merchandise sold to the customer by Bestflow.\28\
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    \27\ Commerce will apply the assessment rate calculation method 
adopted in Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
    \28\ See 19 CFR 351.212 (b)(1).
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    For the respondent that was not selected for individual examination 
in this administrative review but qualified for a separate rate (i.e., 
Both-Well), the assessment rate will be equal to the weighted-average 
dumping margin determined in the final results of this review.
    For the final results, if we continue to find that the 23 
companies, identified in Appendix II, are ineligible for a separate 
rate and are, therefore, considered part of the China-wide entity, we 
will

[[Page 85224]]

instruct CBP to apply an antidumping duty assessment rate of 142.72 
percent (i.e., the rate for the China-wide entity) to all entries of 
subject merchandise during the POR which were exported by those 
companies.
    For entries that were not reported in the U.S. sales data submitted 
by Bestflow during this review, Commerce will instruct CBP to liquidate 
such entries at the antidumping duty assessment rate for the China-wide 
entity.\29\ Additionally, if Commerce determines in the final results 
that Xin Yi had no shipments of the subject merchandise, any suspended 
entries that entered under Xin Yi's case number (i.e., at Xin Yi's cash 
deposit rate) will be liquidated at the antidumping duty assessment 
rate for the China-wide entity.
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    \29\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011), for a 
full discussion of this practice.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) for companies listed 
above that have a separate rate, the cash deposit rate will be equal to 
the weighted-average dumping margin established in the final results of 
this review (except, if the rate is de minimis, then the cash deposit 
rate will be zero); (2) for previously examined Chinese and non-Chinese 
exporters not listed above that received a separate rate in the most 
recently completed segment of this proceeding, the cash deposit rate 
will continue to be the existing exporter-specific cash deposit rate; 
(3) for all Chinese exporters of subject merchandise that have not been 
found to be entitled to a separate rate, the cash deposit rate will be 
the rate for the China-wide entity (i.e., 142.72 percent); and (4) for 
all non-Chinese exporters of subject merchandise which have not 
received their own separate rate, the cash deposit rate will be the 
rate applicable to the Chinese exporter that supplied that non-Chinese 
exporter. These cash deposit requirements, when imposed, shall remain 
in effect until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this POR. Failure 
to comply with this requirement could result in Commerce's presumption 
that reimbursement of antidumping and/or countervailing duties occurred 
and the subsequent assessment of double antidumping duties, and/or an 
increase in the amount of antidumping duties by the amount of the 
countervailing duties.

Notification to Interested Parties

    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, 19 CFR 
351.213, and 19 CFR 351.221(b)(4).

    Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

Appendix II

Companies Preliminarily Not Eligible for a Separate Rate and Treated as 
Part of the China-Wide Entity

1. Cixi Baicheng Hardware Tools, Ltd.
2. Dalian Guangming Pipe Fittings Co., Ltd.
3. Eaton Hydraulics (Luzhou) Co., Ltd.
4. Eaton Hydraulics (Ningbo) Co., Ltd.
5. Jiangsu Forged Pipe Fittings Co., Ltd.
6. Jiangsu Haida Pipe Fittings Group Co.
7. Jinan Mech Piping Technology Co., Ltd.
8. Jining Dingguan Precision Parts Manufacturing Co., Ltd.
9. Lianfa Stainless Steel Pipes & Valves (Qingyun) Co., Ltd.
10. Luzhou City Chengrun Mechanics Co., Ltd.
11. Ningbo HongTe Industrial Co., Ltd.
12. Ningbo Long Teng Metal Manufacturing Co., Ltd.
13. Ningbo Save Technology Co., Ltd.
14. Ningbo Zhongan Forging Co., Ltd.
15. Q.C. Witness International Co., Ltd.
16. Shanghai Lon Au Stainless Steel Materials Co., Ltd.
17. Witness International Co., Ltd.
18. Yancheng Boyue Tube Co., Ltd.
19. Yancheng Haohui Pipe Fittings Co., Ltd.
20. Yancheng Jiuwei Pipe Fittings Co., Ltd.
21. Yancheng Manda Pipe Industry Co., Ltd.
22. Yingkou Guangming Pipeline Industry Co., Ltd.
23. Yuyao Wanlei Pipe Fitting Manufacturing Co., Ltd.

[FR Doc. 2023-26879 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P