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Forged Steel Fittings: New AD/CVD Investigations Deadlines & Scope

November 20, 2019 |AD/CV - Patent

The Commerce Department issued Federal Register notices on its recently initiated antidumping duty investigations on forged steel fittings from India (A-533-891) and South Korea (A-580-904), and its recently initiated countervailing duty investigation on forged steel fittings from India (C-533-892).

The International Trade Commission will conduct a concurrent investigation to determine whether imports of dumped and illegally subsidized forged steel fittings are injuring U.S. industry. If the ITC finds no injury in its preliminary injury determination, due Dec. 9, the investigations will immediately end. If Commerce finds dumping or illegal subsidization in the preliminary determinations of these investigations, currently due in January for CV duties and March for AD duties, it will set AD and/or CV duty cash deposit requirements for imports of merchandise subject to the investigation. If both Commerce and the ITC reach affirmative final determinations, Commerce will issue an AD and/or CV duty order making duties permanent and beginning a process of annual administrative reviews to set final assessments of AD/CV duties on importers and potentially change AD/CV duty cash deposit rates.

Commerce issued AD/CV duty orders on forged steel fittings from Taiwan, Italy and China in late 2018 (see 1809210038 and 1811230006). Forged steel fittings are not currently subject to Section 232 or 301 tariffs.

AD/CVD Respondent Selection

Commerce said it will pick respondents for these AD/CV investigations based on CBP import data. Comments on respondent selection are due on or about Nov. 24. Commerce intends to finalize its selection of respondents by Dec. 11.

Scope of the AD/CVD Investigations

The merchandise covered by these investigations 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, 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; 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:

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.

Comments on Scope Due Dec. 2

Participants in the AD/CV duty investigations may submit comments on product coverage under the scope of the investigations. Comments on the scope are due by Dec. 2.

Investigations Timetable

EventCV DutyAD Duty
Petitions filed10/23/1910/23/19
DOC initiation date11/12/1911/12/19
ITC prelim determinations*12/09/1912/09/19
DOC prelim determinations†01/16/2003/31/20
DOC final determinations†03/31/2006/15/20
ITC final determinations‡05/15/2007/30/20
Issuance of orders+05/22/2008/06/20

*If the ITC makes a negative determination of injury, the investigations are terminated.

†These deadlines may be extended under the governing statute.

‡This will take place only in the event of Commerce Department final affirmative determinations.

+This will take place only in the event of Commerce and ITC final affirmative determinations.

(See 1910230061 for a summary of the Commerce Department's receipt of the petition underlying the initiation of this investigation.)

The Commerce Department fact sheet on the initiation of these investigations is (here).

(Federal Register 11/21/19)