Import Administration, International Trade Administration, Department of Commerce.
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”). 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.
Effective Date: June 2, 2011.Start Further Info
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.End Further Info End Preamble Start Supplemental Information
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 Start Printed Page 31937produced 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.
Non-Market Economy Treatment
The Department considers the PRC to be a non-market economy (“NME”) country. 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.
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. 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.
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. 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.
Final Results of Review
The dumping margin for the POR is as follows:
|Company||Antidumping duty margin (percent)|
|NEP (Tianjin) Machinery Company||00.00|
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;  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.
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 Start Printed Page 31938and 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.Start Signature
Dated: May 25, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
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”).Back to Citation
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.Back to Citation
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).Back to Citation
4. See Preliminary Results, 76 FR at 5334.Back to Citation
5. See NEP Tianjin's July 7, 2010 Section A Questionnaire Response.Back to Citation
[FR Doc. 2011-13713 Filed 6-1-11; 8:45 am]
BILLING CODE 3510-DS-P