[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Notices]
[Pages 31936-31938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13713]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-875]
Non-Malleable Cast Iron Pipe Fittings From the People's Republic
of China: Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 31, 2011, the Department of Commerce
(``Department'') published the Preliminary Results of the 2009-2010
administrative review of the antidumping duty order on non-malleable
cast iron pipe fittings (``pipe fittings'') from the People's Republic
of China (``PRC'').\1\ We gave interested parties an opportunity to
comment on the Preliminary Results. We did not receive comments on the
Preliminary Results. We find that the only participating mandatory
respondent in this review, NEP (Tianjin) Machinery Company (``NEP
Tianjin'') did not sell subject merchandise at less than normal value
during the period of review (``POR''), April 1, 2009, through March 31,
2010. The final dumping margin for this administrative review is listed
in the ``Final Results of Review'' section below.
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\1\ See Non-Malleable Cast Iron Pipe Fittings From the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review, 76 FR 5333 (January 31, 2011) (``Preliminary
Results'').
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DATES: Effective Date: June 2, 2011.
FOR FURTHER INFORMATION CONTACT: Karine Gziryan, AD/CVD Operations,
Office 4, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-4081.
SUPPLEMENTARY INFORMATION:
Background
As noted above, on January 31, 2011, the Department published the
Preliminary Results of pipe fittings from the PRC. The Department did
not receive comments from interested parties on our Preliminary
Results.
Changes Since the Preliminary Results
We have not made any changes to our Preliminary Results.
Scope of the Order
The products covered by the order are finished and unfinished non-
malleable cast iron pipe fittings with an inside diameter ranging from
\1/4\ inch to 6 inches, whether threaded or unthreaded, regardless of
industry or proprietary specifications. The subject fittings include
elbows, ells, tees, crosses, and reducers as well as flanged fittings.
These pipe fittings are also known as ``cast iron pipe fittings'' or
``gray iron pipe fittings.'' These cast iron pipe fittings are normally
produced to ASTM A-126 and ASME B.16.4 specifications and are threaded
to ASME B1.20.1 specifications. Most building codes require that these
products are Underwriters Laboratories (UL) certified. The scope does
not include cast iron soil pipe fittings or grooved fittings or grooved
couplings.
Fittings that are made out of ductile iron that have the same
physical characteristics as the gray or cast iron fittings subject to
the scope above or which have the same physical characteristics and are
produced to ASME B.16.3, ASME B.16.4, or ASTM A-395 specifications,
threaded to ASME B1.20.1 specifications and UL certified, regardless of
metallurgical differences between gray and ductile iron, are also
included in the scope of the order. These ductile fittings do not
include grooved fittings or grooved couplings. Ductile cast iron
fittings with mechanical joint ends (MJ), or push on ends (PO), or
flanged ends and
[[Page 31937]]
produced to the American Water Works Association (``AWWA'')
specifications AWWA C110 or AWWA C153 are not included.
Imports of subject merchandise are currently classifiable in the
Harmonized Tariff Schedule of the United States (``HTSUS'') under item
numbers 7307.11.00.30, 7307.11.00.60, 7307.19.30.60, 7307.19.30.85,
7326.90.8588. HTSUS subheadings are provided for convenience and
customs purposes. The written description of the scope of the order is
dispositive.\2\
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\2\ On April 21, 2009, in consultation with CBP, the Department
added the following HTSUS classification to the AD/CVD module for
pipe fittings: 7326.90.8588. See Memorandum from Abdelali
Elouaradia, Office Director, Import Administration, Office 4 to
Stephen Claeys, Deputy Assistant Secretary, Import Administration
regarding the Final Scope Ruling on Black Cast Iron Cast, Green
Ductile Flange and Twin Tee, antidumping duty order on non-malleable
iron cast pipe fittings from China, dated September 19, 2008. See
also Memorandum to the file from Karine Gziryan, Financial Analyst,
Office 4, regarding Module Update adding Harmonized Tariff Schedule
Number for twin tin fitting included in the scope of antidumping
order on non-malleable iron cast pipe fittings from China, dated
April 22, 2009.
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Non-Market Economy Treatment
The Department considers the PRC to be a non-market economy
(``NME'') country.\3\ In accordance with section 771(18)(C)(i) of the
Tariff Act of 1930, as amended (``the Act''), any determination that a
foreign country is an NME country shall remain in effect until revoked
by the administering authority. No party has challenged the designation
of the PRC as an NME country in this review. Therefore, the Department
continues to treat the PRC as an NME country for purposes of the final
results.
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\3\ See, e.g., Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final Determination: Coated Free
Sheet Paper from the People's Republic of China, 72 FR 30758, 30760
(June 4, 2007), unchanged in Final Determination of Sales at Less
Than Fair Value: Coated Free Sheet Paper from the People's Republic
of China, 72 FR 60632 and accompanying Issues and Decision
Memorandum at Comment 1 (October 25, 2007).
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Surrogate Country
In the Preliminary Results, the Department stated that it selected
India as the appropriate surrogate country to use in this
administrative review for the following reasons: 1) it is a significant
producer of comparable merchandise; 2) it is at a similar level of
economic development pursuant to section 773(c)(4) of the Act; and 3)
the Department has reliable data from India that it can use to value
the factors of production.\4\ The Department received no comments on
the surrogate country issue after the Preliminary Results. Therefore,
the Department has not made changes to its findings with respect to the
selection of a surrogate country for the final results.
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\4\ See Preliminary Results, 76 FR at 5334.
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Separate Rates
In proceedings involving NME countries, the Department holds a
rebuttable presumption that all companies within the country are
subject to government control and, thus, should be assessed a single
antidumping duty rate. It is the Department's policy to assign all
exporters of subject merchandise in an NME country this single rate
unless an exporter can demonstrate that it is sufficiently independent
so as to be entitled to a separate rate.
In the Preliminary Results, the Department found it is not
necessary to perform any further separate-rate analysis with respect to
the lone mandatory respondent (i.e., NEP Tianjin) because it submitted
information indicating that NEP Tianjin is a wholly foreign-owned
enterprise under Chinese law.\5\ The Department did not receive
comments on its separate rate analysis. Therefore, the Department has
not made changes to its findings with respect to the separate rate
analysis for the final results.
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\5\ See NEP Tianjin's July 7, 2010 Section A Questionnaire
Response.
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Final Results of Review
The dumping margin for the POR is as follows:
------------------------------------------------------------------------
Antidumping
Company duty margin
(percent)
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NEP (Tianjin) Machinery Company........................ 00.00
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Assessment
Upon issuance of the final results, the Department will determine,
and U.S. Customs and Border Protection (``CBP'') shall assess,
antidumping duties on all appropriate entries. The Department intends
to issue assessment instructions to CBP 15 days after the date of
publication of the final results of review. Pursuant to 19 CFR
351.212(b)(1), we will calculate importer-specific (or customer) ad
valorem duty assessment rates based on the ratio of the total amount of
the dumping margins calculated for the examined sales to the total
entered value of those same sales. In accordance with 19 CFR
351.106(c)(2), we will instruct CBP to liquidate, without regard to
antidumping duties, all entries of subject merchandise during the POR
for which the importer-specific assessment rate is zero or de minimis.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters
listed above, the cash deposit rate will be the rate established in the
final results of review (except, if the rate is zero or de minimis,
i.e., less than 0.5 percent, a zero cash deposit rate will be required
for that company); (2) for previously investigated or reviewed PRC and
non-PRC exporters not listed above that have separate rates, the cash
deposit rate will continue to be the exporter-specific rate published
for the most recent period; (3) for all PRC exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be the PRC-wide rate of 75.5 percent;
\6\ and (4) for all non-PRC exporters of subject merchandise which have
not received their own rate, the cash deposit rate will be the rate
applicable to the PRC exporters that supplied that non-PRC exporter.
The deposit requirements, when imposed, shall remain in effect until
further notice.
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\6\ See Non-Malleable Cast Iron Pipe Fittings From the People's
Republic of China: Antidumping Duty Order, 68 FR 16765 (April 7,
2003).
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Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations
[[Page 31938]]
and terms of an APO is a violation which is subject to sanction.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: May 25, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-13713 Filed 6-1-11; 8:45 am]
BILLING CODE 3510-DS-P