2022-26243. Notice of Scope Ruling Applications Filed in Antidumping and Countervailing Duty Proceedings

AGENCY:

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

SUMMARY:

The U.S. Department of Commerce (Commerce) received scope ruling applications, requesting that scope inquiries be conducted to determine whether identified products are covered by the scope of antidumping duty (AD) and/or countervailing duty (CVD) orders and that Commerce issue scope rulings pursuant to those inquiries. In accordance with Commerce's regulations, we are notifying the public of the filing of the scope ruling applications listed below in the month of October 2022.

DATES:

Applicable December 2, 2022.

FOR FURTHER INFORMATION CONTACT:

Terri Monroe, AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: [phone].

Notice of Scope Ruling Applications

In accordance with 19 CFR 351.225(d)(3), we are notifying the public of the following scope ruling applications related to AD and CVD orders and findings filed in or around the month of October 2022. This notification includes, for each scope application: (1) identification of the AD and/or CVD orders at issue (19 CFR 351.225(c)(1)); (2) concise public descriptions of the products at issue, including the physical characteristics (including chemical, dimensional and technical characteristics) of the products (19 CFR 351.225(c)(2)(ii)); (3) the countries where the products are produced and the countries from where the products are exported (19 CFR 351.225(c)(2)(i)(B)); (4) the full names of the applicants; and (5) the dates that the scope applications were filed with Commerce and the name of the ACCESS scope segment where the scope applications can be found.^[1] This notice does not include applications which have been rejected and not properly resubmitted. The scope ruling applications listed below are available on Commerce's online e-filing and document management system, Antidumping and Countervailing Duty Electronic Service System (ACCESS), at https://access.trade.gov.

Scope Ruling Applications

Standard Steel Welded Wire Mesh from Mexico (A-201-853/C-201-854); 6 x 6 W1.4/W1.4 or D1.4/D1.4 ( i.e., 10 gauge), 8′ x 131′ foot rolls of wire mesh (10 Gauge Wire Mesh); ^[2] produced in and exported from Mexico; submitted by Keysteel Corp.; Mid-South Wire Company; National Wire LLC; Oklahoma Steel & Wire Co.; and Wire Mesh Corp. (Domestic Producers); October 4, 2022; ACCESS scope segment “10-Gauge Wire.”

Forged Steel Fittings from the People's Republic of China (China) (A-570-067/C-570-068); Forged Steel Fittings (FSF); ^[3] produced in and exported from China; submitted by UTEX Industries, Inc. (UTEX); October 10, 2022; ACCESS scope segment “UTEX.”

Utility Scale Wind Towers from Spain, Germany, Denmark, the Netherlands, the United Kingdom, China (A-570-981, A-552-814, C-570-982, A-122-867, A-552-825, A-560-833, A-580-902, A-469-823, A-533-897, A-557-821, C-122-868, C-552-826, C-557-822, C-560-834, C-533-898); Monopiles; ^[4] produced in and exported from Spain, Germany, Denmark, the Netherlands, the United Kingdom, and China; submitted by Orsted North America Inc. (Orsted); October 10, 2022; ACCESS scope segment “Monopile.”

Certain Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from China (A-570-979/C-570-980); Solar Modules; ^[5] produced in and exported from Cambodia; submitted by Sonali Energees USA LLC (Sonali); October 31, 2022; ACCESS scope segment “Sonali.”

Notification to Interested Parties

This list of scope ruling applications is not an identification of scope inquiries that have been initiated. In accordance with 19 CFR 351.225(d)(1), if Commerce has not rejected a scope ruling application nor initiated the scope inquiry within 30 days after the filing of the application, the application will be deemed accepted and a scope inquiry will be deemed initiated the following day—day 31.^[6] Commerce's practice generally dictates that where a deadline falls on a weekend, Federal holiday, or other non-business day, the appropriate deadline is the next business day.^[7] Accordingly, if the 30th day after the filing of the application falls on a non-business day, the next business day will be considered the “updated” 30th day, and if the application is not rejected or a scope inquiry initiated by or on that particular business day, the application will be deemed accepted and a scope inquiry will be deemed initiated on the next business day which follows the “updated” 30th day.^[8]

In accordance with 19 CFR 351.225(m)(2), if there are companion AD and CVD orders covering the same merchandise from the same country of origin, the scope inquiry will be conducted on the record of the AD proceeding. Further, please note that pursuant to 19 CFR 351.225(m)(1), Commerce may either apply a scope ruling to all products from the same country with the same relevant physical characteristics, (including chemical, dimensional, and technical characteristics) as the product at issue, on a country-wide basis, regardless of the producer, exporter, or importer of those products, or on a company-specific basis.

For further information on procedures for filing information with Commerce through ACCESS and participating in scope inquiries, please refer to the Filing Instructions section of the Scope Ruling Application Guide, at https://access.trade.gov/​help/​Scope_​Ruling_​Guidance.pdf. Interested parties, apart from the scope ruling applicant, who wish to participate in a scope inquiry and be added to the public service list for that segment of the proceeding must file an entry of appearance in accordance with 19 CFR 351.103(d)(1) and 19 CFR 351.225(n)(4). Interested parties are advised to refer to the case segment in ACCESS as well as 19 CFR 351.225(f) for further information on the scope inquiry procedures, including the timelines for the submission of comments.

Please note that this notice of scope ruling applications filed in AD and CVD proceedings may be published before any potential initiation, or after the initiation, of a given scope inquiry based on a scope ruling application identified in this notice. Therefore, please refer to the case segment on ACCESS to determine whether a scope ruling application has been accepted or rejected and whether a scope inquiry has been initiated.

Interested parties who wish to be served scope ruling applications for a particular AD or CVD order may file a request to be included on the annual inquiry service list during the anniversary month of the publication of the AD or CVD order in accordance with 19 CFR 351.225(n) and Commerce's procedures.^[9]

Interested parties are invited to comment on the completeness of this monthly list of scope ruling applications received by Commerce. Any comments should be submitted to James Maeder, Deputy Assistant Secretary for AD/CVD Operations, Enforcement and Compliance, International Trade Administration, via email to [e-mail].

This notice of scope ruling applications filed in AD and CVD proceedings is published in accordance with 19 CFR 351.225(d)(3).

Dated: November 28, 2022.

James Maeder,

Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.

Footnotes

1.   See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws,86 FR 52300, 52316 (September 20, 2021) ( Final Rule) (“It is our expectation that the Federal Register list will include, where appropriate, for each scope application the following data: (1) identification of the AD and/or CVD orders at issue; (2) a concise public summary of the product's description, including the physical characteristics (including chemical, dimensional and technical characteristics) of the product; (3) the country(ies) where the product is produced and the country from where the product is exported; (4) the full name of the applicant; and (5) the date that the scope application was filed with Commerce.”)

2.  The product covered by this scope application is standard steel welded reinforcement wire mesh comprised of square and rectangular grids of uniformly spaced steel wires, either smooth or deformed, that are welded at all intersections, in the following style: 6x6 W1.4/W1.4 or D1.4/D1/4 ( i.e., 10 gauge), in roll form with a nominal width of 8 feet and a nominal length of 131 feet. The 10-gauge wire mesh that is the subject of this scope is classifiable under HTSUS 7314.20.0000 and 7314.39.0000.

3.  UTEX fittings are custom forged fittings used in a specific system for the drilling and extraction of oil and natural gas. The fittings that are included in this scope application are used in UTEX's LargeBore system and include cross-box fittings, expansion spool fittings, flange adapter assembly, flange adapter fittings, collar fittings, threaded elbow fittings, union fittings and swivel fittings. The UTEX fittings subject to this scope application are classified under HTSUS 7307.92.3030, 7307.92.9000 and 7307.99.5060.

4.  Monopiles are hollow cylindrical shapes made from steel used to form a foundation on which a complete offshore wind turbine sits. the majority of modern monopiles range from 1, 000 to 2,500 tons. Monopiles are welded together at the fabrication point and shipped to the installation point in one piece ranging from 80 to 130 meters in length. Monopiles designed for use with a transition piece may be on average approximately 20 meters shorter. Monopiles are classified under HTSUS 7308.20.0020.

5.  Solar modules manufactured in Cambodia from solar cells manufactured in Cambodia using Chinese unfinished silicon wafers. The merchandise subject to this scope application is classified under HTSUS number 8541.43.00.

6.  In accordance with 19 CFR 351.225(d)(2), within 30 days after the filing of a scope ruling application, if Commerce determines that it intends to address the scope issue raised in the application in another segment of the proceeding (such as a circumvention inquiry under 19 CFR 351.226 or a covered merchandise inquiry under 19 CFR 351.227), it will notify the applicant that it will not initiate a scope inquiry, but will instead determine if the product is covered by the scope at issue in that alternative segment.

7.   See Notice of Clarification: Application of “Next Business Day” Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended,70 FR 24533 (May 10, 2005).

8.  This structure maintains the intent of the applicable regulation, 19 CFR 351.225(d)(1), to allow day 30 and day 31 to be separate business days.

9.   See Scope Ruling Application; Annual Inquiry Service List; and Informational Sessions,86 FR 53205 (September 27, 2021).