81_FR_86157 81 FR 85928 - Finished Carbon Steel Flanges From India: Preliminary Affirmative Countervailing Duty Determination

81 FR 85928 - Finished Carbon Steel Flanges From India: Preliminary Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 229 (November 29, 2016)

Page Range85928-85930
FR Document2016-28704

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of finished carbon steel flanges (steel flanges) from India. The period of investigation (POI) is April 1, 2015, through March 31, 2016. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 81 Issue 229 (Tuesday, November 29, 2016)
[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Notices]
[Pages 85928-85930]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28704]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-872]


Finished Carbon Steel Flanges From India: Preliminary Affirmative 
Countervailing Duty Determination

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of finished carbon steel flanges (steel 
flanges) from India. The period of investigation (POI) is April 1, 
2015, through March 31, 2016. Interested parties are invited to comment 
on this preliminary determination.

DATES: Effective November 29, 2016.

FOR FURTHER INFORMATION CONTACT: Emily Maloof or Davina Friedmann, AD/
CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5649 or (202) 482-0698, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 28, 2016, the Department published the notice of initiation 
of this investigation.\1\ For a complete description of the events that 
followed the initiation of this investigation, see the memorandum that 
is dated concurrently with this determination and hereby adopted by 
this notice.\2\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov, and to all parties in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be found at http://enforcement.trade.gov/frn/. The 
signed Preliminary Decision Memorandum and the electronic version of 
the Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Finished Carbon Steel Flanges From India: Initiation of 
Countervailing Duty Investigation, 81 FR 49625 (July 28, 2016) 
(Initiation Notice).
    \2\ See Memorandum to Paul Piquado, ``Decision Memorandum for 
the Preliminary Affirmative Determination: Countervailing Duty 
Investigation of Finished Carbon Steel Flanges from India,'' dated 
November 21, 2016 (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is steel flanges from 
India. For a complete description of the scope of the investigation, 
see Appendix I.

Scope Comments

    We received no comments from interested parties regarding the scope 
of the investigation as it appeared in the Initiation Notice.

Methodology

    The Department is conducting this countervailing duty (CVD 
investigation in accordance with section 701 of the Tariff Act of 1930 
(the Act). For each of the subsidy programs found countervailable, we 
preliminarily determine that there is a subsidy (i.e., a financial 
contribution by an ``authority'' that gives rise to a benefit to the 
recipient) and that the subsidy is specific.\3\ For a full description 
of the methodology underlying our preliminary conclusions, see the 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \3\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Preliminary Determination and Suspension of Liquidation

    In accordance with section 703(d)(1)(A)(i) of the Act, we 
calculated a CVD rate for each individually-investigated producer/
exporter of the subject merchandise. We preliminarily determine that 
countervailable subsidies are being provided with respect to the 
manufacture, production, or exportation of the subject merchandise. For 
a full description of the programs which have preliminarily determined 
to be countervailable, as well as those not used during the POI, see 
the Preliminary Decision Memorandum. In accordance with sections 703(d) 
and 705(c)(5)(A) of the Act, for companies not individually examined, 
we apply an ``all-others'' rate, which is normally calculated by 
weight-averaging the individual company subsidy rates of each of the 
companies investigated.
    Under section 705(c)(5)(A)(i) of the Act, the all-others rate 
should exclude zero and de minimis rates or any rates based entirely on 
facts otherwise available pursuant to section 776 of the Act. Neither 
of the mandatory respondents' rates in this preliminary determination 
were zero or de minimis or based entirely on facts otherwise available. 
Notwithstanding the language of section 705(c)(5)(A)(i) of the Act, we 
have not calculated the ``all-others'' rate by weight-averaging the 
rates of the two individually investigated respondents, because doing 
so risks disclosure of proprietary information. Instead, we have 
calculated the all-others rate using a simple average of the final 
rates for the two mandatory company respondents.\4\
---------------------------------------------------------------------------

    \4\ See Preliminary Decision Memorandum at ``CALCULATION OF THE 
ALL-OTHERS RATE'' (for further explanation of the business 
propretiary information concerns); see also Memorandum to the File, 
``Countervailing Duty Investigation of Finished Carbon Steel 
Flanges: Preliminary Determination Margin Calculation for All-
Others,'' dated concurrently with this memorandum.

---------------------------------------------------------------------------

[[Page 85929]]

    We preliminarily determine the countervailable subsidy rates to be:

------------------------------------------------------------------------
                                                          Subsidy rate
                       Company                             (percent)
------------------------------------------------------------------------
Norma (India) Limited, USK Exports Private Limited,                 2.76
 UMA Shanker Khandelwal & Co., and Bansidhar
 Chiranjilal.........................................
R.N. Gupta & Company Limited.........................               3.66
All-Others...........................................               3.21
------------------------------------------------------------------------

    In accordance with sections 703(d)(1)(B) and (2) of the Act, we are 
directing U.S. Customs and Border Protection (CBP) to suspend 
liquidation of all entries of steel flanges from India that are 
entered, or withdrawn from warehouse, for consumption on or after the 
date of the publication of this notice in the Federal Register, and to 
require a cash deposit for such entries of merchandise in the amounts 
indicated above.

Verification

    As provided in section 782(i)(1) of the Act, we intend to verify 
the information submitted by the respondents prior to making our final 
determination.

U.S. International Trade Commission

    In accordance with section 703(f) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of our determination. In 
addition, we are making available to the ITC all non-privileged and 
non-proprietary information relating to this investigation. We will 
allow the ITC access to all privileged and business proprietary 
information in our files, provided the ITC confirms that it will not 
disclose such information, either publicly or under an administrative 
protective order, without the written consent of the Assistant 
Secretary for Enforcement and Compliance.
    In accordance with section 705(b)(2) of the Act, if our final 
determination is affirmative, the ITC will make its final determination 
within 45 days after the Department makes its final determination.

Disclosure and Public Comment

    The Department intends to disclose calculations performed for this 
preliminary determination to the parties within five days of the date 
of public announcement of this determination in accordance with 19 CFR 
351.224(b). Case briefs or other written comments may be submitted to 
the Assistant Secretary for Enforcement and Compliance no later than 
seven days after the date on which the final verification report is 
issued in this proceeding, and rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than five days after 
the deadline date for case briefs.\5\ A table of contents, list of 
authorities used, and an executive summary of issues should accompany 
any briefs submitted to the Department, pursuant to 19 CFR 
351.309(c)(2) and (d)(2). This summary should be limited to five pages 
total, including footnotes.
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    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, U.S. Department of Commerce, 
filed electronically using ACCESS. An electronically-filed request must 
be received successfully, and in its entirety, by ACCESS by 5:00 p.m. 
Eastern Time, within 30 days after the date of publication of this 
notice. Requests should contain the party's name, address, and 
telephone number; the number of participants; and a list of the issues 
to be discussed. If a request for a hearing is made, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230, at a date, 
time, and specific location to be determined. Parties will be notified 
of the date, time, and location of any hearing. Parties should confirm 
by telephone the date, time, and location of the hearing two days 
before the scheduled date.
    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: November 23, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The scope of this investigation covers finished carbon steel 
flanges. Finished carbon steel flanges differ from unfinished carbon 
steel flanges (also known as carbon steel flange forgings) in that 
they have undergone further processing after forging, including, but 
not limited to, beveling, bore threading, center or step boring, 
face machining, taper boring, machining ends or surfaces, drilling 
bolt holes, and/or deburring or shot blasting. Any one of these 
post-forging processes suffices to render the forging into a 
finished carbon steel flange for purposes of this investigation. 
However, mere heat treatment of a carbon steel flange forging 
(without any other further processing after forging) does not render 
the forging into a finished carbon steel flange for purposes of this 
investigation. While these finished carbon steel flanges are 
generally manufactured to specification ASME 816.5 or ASME 816.47 
series A or series 8, the scope is not limited to flanges produced 
under those specifications. All types of finished carbon steel 
flanges are included in the scope regardless of pipe size (which may 
or may not be expressed in inches of nominal pipe size), pressure 
class (usually, but not necessarily, expressed in pounds of 
pressure, e.g., 150, 300, 400, 600, 900, 1500, 2500, etc.), type of 
face (e.g., flat face, full face, raised face, etc.), configuration 
(e.g., weld neck, slip on, socket weld, lap joint, threaded, etc.), 
wall thickness (usually, but not necessarily, expressed in inches), 
normalization, or whether or not heat treated. These carbon steel 
flanges either meet or exceed the requirements of the ASTM A105, 
ASTM A694, ASTM A181, ASTM A350 and ASTM A707 standards (or 
comparable foreign specifications). The scope includes any flanges 
produced to the above-referenced ASTM standards as currently stated 
or as may be amended. The term ``carbon steel'' under this scope is 
steel in which: (a) Iron predominates, by weight, over each of the 
other contained elements: (b) The carbon content is 2 percent or 
less, by weight; and (c) none of the elements listed below exceeds 
the quantity, by weight, as indicated:
    (i) 0.87 percent of aluminum;
    (ii) 0.0105 percent of boron;
    (iii) 10.10 percent of chromium;
    (iv) 1.55 percent of columbium;
    (v) 3.10 percent of copper;
    (vi) 0.38 percent of lead;
    (vii) 3.04 percent of manganese;
    (viii) 2.05 percent of molybdenum;
    (ix) 20.15 percent of nickel;
    (x) 1.55 percent of niobium;
    (xi) 0.20 percent of nitrogen;
    (xii) 0.21 percent of phosphorus;
    (xiii) 3.10 percent of silicon;
    (xiv) 0.21 percent of sulfur;
    (xv) 1.05 percent of titanium;
    (xvi) 4.06 percent of tungsten;
    (xvii) 0.53 percent of vanadium; or
    (xviii) 0.015 percent of zirconium.
    Finished carbon steel flanges are currently classified under 
subheadings 7307.91.5010 and 7307.91.5050 of the Harmonized Tariff 
Schedule of the United States (HTSUS). They may also be entered 
under HTSUS subheadings 7307.91.5030 and 7307.91.5070. The HTSUS 
subheadings are provided for

[[Page 85930]]

convenience and customs purposes; the written description of the 
scope is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Injury Test
VII. Subsidies Valuation
VIII. Loan Benchmark and Interest Rates
IX. Use of Facts Otherwise Available
X. Analysis of Programs
XI. Calculation of All-Others Rate
XII. International Trade Commission
XIII. Disclosure and Public Comment
XIV. Conclusion

[FR Doc. 2016-28704 Filed 11-28-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                    85928                      Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices

                                                    Department hereby orders the                            2016. Interested parties are invited to               Methodology
                                                    continuation of the AD orders on                        comment on this preliminary                              The Department is conducting this
                                                    chlorinated isocyanurates from Spain                    determination.                                        countervailing duty (CVD investigation
                                                    and the PRC. U.S. Customs and Border                                                                          in accordance with section 701 of the
                                                    Protection will continue to collect AD                  DATES:   Effective November 29, 2016.
                                                                                                                                                                  Tariff Act of 1930 (the Act). For each of
                                                    cash deposits at the rates in effect at the             FOR FURTHER INFORMATION CONTACT:                      the subsidy programs found
                                                    time of entry for all imports of subject                Emily Maloof or Davina Friedmann,                     countervailable, we preliminarily
                                                    merchandise.                                            AD/CVD Operations, Enforcement and                    determine that there is a subsidy (i.e., a
                                                      The effective date of the continuation                Compliance, International Trade                       financial contribution by an ‘‘authority’’
                                                    of the AD orders will be the date of                    Administration, U.S. Department of                    that gives rise to a benefit to the
                                                    publication in the Federal Register of                  Commerce, 14th Street and Constitution                recipient) and that the subsidy is
                                                    this notice of continuation. Pursuant to                Avenue NW., Washington, DC 20230;                     specific.3 For a full description of the
                                                    section 751(c)(2) of the Act and 19 CFR                 telephone: (202) 482–5649 or (202) 482–               methodology underlying our
                                                    351.218(c)(2), the Department intends to                0698, respectively.                                   preliminary conclusions, see the
                                                    initiate the next five-year review of                                                                         Preliminary Decision Memorandum.
                                                    these orders not later than 30 days prior               SUPPLEMENTARY INFORMATION:
                                                    to the fifth anniversary of the effective                                                                     Preliminary Determination and
                                                                                                            Background                                            Suspension of Liquidation
                                                    date of this continuation notice.
                                                      These five-year sunset reviews and                       On July 28, 2016, the Department                      In accordance with section
                                                    this notice are in accordance with                      published the notice of initiation of this            703(d)(1)(A)(i) of the Act, we calculated
                                                    section 751(c) and 751(d)(2) of the Act                 investigation.1 For a complete                        a CVD rate for each individually-
                                                    and published pursuant to section                       description of the events that followed               investigated producer/exporter of the
                                                    777(i)(1) of the Act and 19 CFR                         the initiation of this investigation, see             subject merchandise. We preliminarily
                                                    351.218(f)(4).                                          the memorandum that is dated                          determine that countervailable subsidies
                                                                                                            concurrently with this determination                  are being provided with respect to the
                                                    Administrative Protective Order                                                                               manufacture, production, or exportation
                                                                                                            and hereby adopted by this notice.2 A
                                                      This notice also serves as the only                   list of topics included in the                        of the subject merchandise. For a full
                                                    reminder to parties subject to                          Preliminary Decision Memorandum is                    description of the programs which have
                                                    administrative protective order (APO) of                included as Appendix II to this notice.               preliminarily determined to be
                                                    their responsibility concerning the                     The Preliminary Decision Memorandum                   countervailable, as well as those not
                                                    return/destruction or conversion to                     is a public document and is on file                   used during the POI, see the Preliminary
                                                    judicial protective order of proprietary                electronically via Enforcement and                    Decision Memorandum. In accordance
                                                    information disclosed under APO in                      Compliance’s Antidumping and                          with sections 703(d) and 705(c)(5)(A) of
                                                    accordance with 19 CFR351.305(a)(3).                    Countervailing Duty Centralized                       the Act, for companies not individually
                                                    Failure to comply is a violation of the                 Electronic Service System (ACCESS).                   examined, we apply an ‘‘all-others’’ rate,
                                                    APO which may be subject to sanctions.                  ACCESS is available to registered users               which is normally calculated by weight-
                                                      This five-year (sunset) review and                    at https://access.trade.gov, and to all               averaging the individual company
                                                    notice are in accordance with section                   parties in the Central Records Unit,                  subsidy rates of each of the companies
                                                    751(c) and published pursuant to 777(i)                 Room B8024 of the main Department of                  investigated.
                                                    of the Act, and 19 CFR 351.218(f)(4).                   Commerce building. In addition, a                        Under section 705(c)(5)(A)(i) of the
                                                                                                            complete version of the Preliminary                   Act, the all-others rate should exclude
                                                      Dated: November 23, 2016.
                                                                                                            Decision Memorandum can be found at                   zero and de minimis rates or any rates
                                                    Paul Piquado,                                                                                                 based entirely on facts otherwise
                                                    Assistant Secretary for Enforcement and                 http://enforcement.trade.gov/frn/. The
                                                                                                            signed Preliminary Decision                           available pursuant to section 776 of the
                                                    Compliance.                                                                                                   Act. Neither of the mandatory
                                                    [FR Doc. 2016–28702 Filed 11–28–16; 8:45 am]
                                                                                                            Memorandum and the electronic
                                                                                                            version of the Preliminary Decision                   respondents’ rates in this preliminary
                                                    BILLING CODE 3510–DS–P
                                                                                                            Memorandum are identical in content.                  determination were zero or de minimis
                                                                                                                                                                  or based entirely on facts otherwise
                                                                                                            Scope of the Investigation                            available. Notwithstanding the language
                                                    DEPARTMENT OF COMMERCE                                                                                        of section 705(c)(5)(A)(i) of the Act, we
                                                                                                              The product covered by this                         have not calculated the ‘‘all-others’’ rate
                                                    International Trade Administration                      investigation is steel flanges from India.            by weight-averaging the rates of the two
                                                    [C–533–872]                                             For a complete description of the scope               individually investigated respondents,
                                                                                                            of the investigation, see Appendix I.                 because doing so risks disclosure of
                                                    Finished Carbon Steel Flanges From                                                                            proprietary information. Instead, we
                                                                                                            Scope Comments
                                                    India: Preliminary Affirmative                                                                                have calculated the all-others rate using
                                                    Countervailing Duty Determination                         We received no comments from                        a simple average of the final rates for the
                                                                                                            interested parties regarding the scope of             two mandatory company respondents.4
                                                    AGENCY:  Enforcement and Compliance,
                                                    International Trade Administration,                     the investigation as it appeared in the
                                                    Department of Commerce.                                 Initiation Notice.                                       3 See sections 771(5)(B) and (D) of the Act
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                  regarding financial contribution; section 771(5)(E)
                                                    SUMMARY: The Department of Commerce                                                                           of the Act regarding benefit; and section 771(5A) of
                                                                                                              1 See Finished Carbon Steel Flanges From India:
                                                                                                                                                                  the Act regarding specificity.
                                                    (the Department) preliminarily                          Initiation of Countervailing Duty Investigation, 81      4 See Preliminary Decision Memorandum at
                                                    determines that countervailable                         FR 49625 (July 28, 2016) (Initiation Notice).         ‘‘CALCULATION OF THE ALL–OTHERS RATE’’
                                                    subsidies are being provided to                           2 See Memorandum to Paul Piquado, ‘‘Decision
                                                                                                                                                                  (for further explanation of the business propretiary
                                                    producers and exporters of finished                     Memorandum for the Preliminary Affirmative            information concerns); see also Memorandum to the
                                                                                                            Determination: Countervailing Duty Investigation of   File, ‘‘Countervailing Duty Investigation of Finished
                                                    carbon steel flanges (steel flanges) from               Finished Carbon Steel Flanges from India,’’ dated     Carbon Steel Flanges: Preliminary Determination
                                                    India. The period of investigation (POI)                November 21, 2016 (Preliminary Decision               Margin Calculation for All-Others,’’ dated
                                                    is April 1, 2015, through March 31,                     Memorandum).                                          concurrently with this memorandum.



                                               VerDate Sep<11>2014   17:48 Nov 28, 2016   Jkt 241001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\29NON1.SGM   29NON1


                                                                                         Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices                                                                                            85929

                                                      We preliminarily determine the
                                                    countervailable subsidy rates to be:

                                                                                                                                                                                                                                                         Subsidy rate
                                                                                                                                             Company                                                                                                      (percent)

                                                    Norma (India) Limited, USK Exports Private Limited, UMA Shanker Khandelwal & Co., and Bansidhar Chiranjilal ..................                                                                                 2.76
                                                    R.N. Gupta & Company Limited ....................................................................................................................................................                              3.66
                                                    All-Others .......................................................................................................................................................................................             3.21



                                                      In accordance with sections                                               submitted no later than five days after                                      or shot blasting. Any one of these post-
                                                    703(d)(1)(B) and (2) of the Act, we are                                     the deadline date for case briefs.5 A                                        forging processes suffices to render the
                                                    directing U.S. Customs and Border                                           table of contents, list of authorities used,                                 forging into a finished carbon steel flange for
                                                                                                                                                                                                             purposes of this investigation. However,
                                                    Protection (CBP) to suspend liquidation                                     and an executive summary of issues
                                                                                                                                                                                                             mere heat treatment of a carbon steel flange
                                                    of all entries of steel flanges from India                                  should accompany any briefs submitted                                        forging (without any other further processing
                                                    that are entered, or withdrawn from                                         to the Department, pursuant to 19 CFR                                        after forging) does not render the forging into
                                                    warehouse, for consumption on or after                                      351.309(c)(2) and (d)(2). This summary                                       a finished carbon steel flange for purposes of
                                                    the date of the publication of this notice                                  should be limited to five pages total,                                       this investigation. While these finished
                                                    in the Federal Register, and to require                                     including footnotes.                                                         carbon steel flanges are generally
                                                    a cash deposit for such entries of                                            Pursuant to 19 CFR 351.310(c),                                             manufactured to specification ASME 816.5 or
                                                                                                                                interested parties who wish to request a                                     ASME 816.47 series A or series 8, the scope
                                                    merchandise in the amounts indicated
                                                                                                                                hearing must submit a written request to                                     is not limited to flanges produced under
                                                    above.                                                                                                                                                   those specifications. All types of finished
                                                                                                                                the Assistant Secretary for Enforcement                                      carbon steel flanges are included in the scope
                                                    Verification                                                                and Compliance, U.S. Department of                                           regardless of pipe size (which may or may
                                                      As provided in section 782(i)(1) of the                                   Commerce, filed electronically using                                         not be expressed in inches of nominal pipe
                                                    Act, we intend to verify the information                                    ACCESS. An electronically-filed request                                      size), pressure class (usually, but not
                                                    submitted by the respondents prior to                                       must be received successfully, and in its                                    necessarily, expressed in pounds of pressure,
                                                    making our final determination.                                             entirety, by ACCESS by 5:00 p.m.                                             e.g., 150, 300, 400, 600, 900, 1500, 2500, etc.),
                                                                                                                                Eastern Time, within 30 days after the                                       type of face (e.g., flat face, full face, raised
                                                    U.S. International Trade Commission                                         date of publication of this notice.                                          face, etc.), configuration (e.g., weld neck, slip
                                                                                                                                                                                                             on, socket weld, lap joint, threaded, etc.),
                                                       In accordance with section 703(f) of                                     Requests should contain the party’s
                                                                                                                                                                                                             wall thickness (usually, but not necessarily,
                                                    the Act, we will notify the U.S.                                            name, address, and telephone number;                                         expressed in inches), normalization, or
                                                    International Trade Commission (ITC)                                        the number of participants; and a list of                                    whether or not heat treated. These carbon
                                                    of our determination. In addition, we                                       the issues to be discussed. If a request                                     steel flanges either meet or exceed the
                                                    are making available to the ITC all non-                                    for a hearing is made, the Department                                        requirements of the ASTM A105, ASTM
                                                    privileged and non-proprietary                                              intends to hold the hearing at the U.S.                                      A694, ASTM A181, ASTM A350 and ASTM
                                                    information relating to this                                                Department of Commerce, 14th Street                                          A707 standards (or comparable foreign
                                                    investigation. We will allow the ITC                                        and Constitution Avenue NW.,                                                 specifications). The scope includes any
                                                                                                                                                                                                             flanges produced to the above-referenced
                                                    access to all privileged and business                                       Washington, DC 20230, at a date, time,
                                                                                                                                                                                                             ASTM standards as currently stated or as
                                                    proprietary information in our files,                                       and specific location to be determined.                                      may be amended. The term ‘‘carbon steel’’
                                                    provided the ITC confirms that it will                                      Parties will be notified of the date, time,                                  under this scope is steel in which: (a) Iron
                                                    not disclose such information, either                                       and location of any hearing. Parties                                         predominates, by weight, over each of the
                                                    publicly or under an administrative                                         should confirm by telephone the date,                                        other contained elements: (b) The carbon
                                                    protective order, without the written                                       time, and location of the hearing two                                        content is 2 percent or less, by weight; and
                                                    consent of the Assistant Secretary for                                      days before the scheduled date.                                              (c) none of the elements listed below exceeds
                                                    Enforcement and Compliance.                                                   This determination is issued and                                           the quantity, by weight, as indicated:
                                                                                                                                published pursuant to sections 703(f)                                           (i) 0.87 percent of aluminum;
                                                       In accordance with section 705(b)(2)                                                                                                                     (ii) 0.0105 percent of boron;
                                                    of the Act, if our final determination is                                   and 777(i) of the Act and 19 CFR
                                                                                                                                                                                                                (iii) 10.10 percent of chromium;
                                                    affirmative, the ITC will make its final                                    351.205(c).                                                                     (iv) 1.55 percent of columbium;
                                                    determination within 45 days after the                                        Dated: November 23, 2016.                                                     (v) 3.10 percent of copper;
                                                    Department makes its final                                                  Paul Piquado,                                                                   (vi) 0.38 percent of lead;
                                                    determination.                                                                                                                                              (vii) 3.04 percent of manganese;
                                                                                                                                Assistant Secretary for Enforcement and
                                                                                                                                                                                                                (viii) 2.05 percent of molybdenum;
                                                    Disclosure and Public Comment                                               Compliance.
                                                                                                                                                                                                                (ix) 20.15 percent of nickel;
                                                       The Department intends to disclose                                       Appendix I                                                                      (x) 1.55 percent of niobium;
                                                                                                                                                                                                                (xi) 0.20 percent of nitrogen;
                                                    calculations performed for this                                             Scope of the Investigation                                                      (xii) 0.21 percent of phosphorus;
                                                    preliminary determination to the parties                                       The scope of this investigation covers                                       (xiii) 3.10 percent of silicon;
                                                    within five days of the date of public                                      finished carbon steel flanges. Finished                                         (xiv) 0.21 percent of sulfur;
                                                    announcement of this determination in                                       carbon steel flanges differ from unfinished                                     (xv) 1.05 percent of titanium;
                                                    accordance with 19 CFR 351.224(b).                                          carbon steel flanges (also known as carbon                                      (xvi) 4.06 percent of tungsten;
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Case briefs or other written comments                                       steel flange forgings) in that they have                                        (xvii) 0.53 percent of vanadium; or
                                                    may be submitted to the Assistant                                           undergone further processing after forging,                                     (xviii) 0.015 percent of zirconium.
                                                    Secretary for Enforcement and                                               including, but not limited to, beveling, bore                                   Finished carbon steel flanges are currently
                                                                                                                                threading, center or step boring, face                                       classified under subheadings 7307.91.5010
                                                    Compliance no later than seven days                                         machining, taper boring, machining ends or                                   and 7307.91.5050 of the Harmonized Tariff
                                                    after the date on which the final                                           surfaces, drilling bolt holes, and/or deburring                              Schedule of the United States (HTSUS). They
                                                    verification report is issued in this                                                                                                                    may also be entered under HTSUS
                                                    proceeding, and rebuttal briefs, limited                                       5 See 19 CFR 351.309; see also 19 CFR 351.303                             subheadings 7307.91.5030 and 7307.91.5070.
                                                    to issues raised in case briefs, may be                                     (for general filing requirements).                                           The HTSUS subheadings are provided for



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                                                    85930                      Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices

                                                    convenience and customs purposes; the                   of CTL plate from Germany.1 On                        include freight revenue reported as a
                                                    written description of the scope is                     November 14, 2016, Nucor Corporation                  billing adjustment in the freight revenue
                                                    dispositive.                                            (Nucor), a petitioner in this                         cap.
                                                    Appendix II                                             investigation, alleged that the                          • The Department recalculated U.S.
                                                                                                            Department made significant ministerial               credit expenses incorrectly by deducting
                                                    List of Topics Discussed in the Preliminary             errors in the Preliminary                             freight revenue from the U.S. price used
                                                    Decision Memorandum                                                                                           in the calculation. However, the
                                                                                                            Determination.2
                                                    I. Summary                                                                                                    reported U.S. price did not include
                                                    II. Background                                          Scope of the Investigation                            freight revenue.
                                                    III. Scope Comments                                        The product covered by this                           • The Department made an
                                                    IV. Scope of the Investigation                          investigation is CTL plate from                       adjustment to U.S. price for inventory
                                                    V. Alignment
                                                                                                            Germany. For a full description of the                carrying expenses without converting
                                                    VI. Injury Test
                                                    VII. Subsidies Valuation                                scope of this investigation, see the                  the reported amount from euros to U.S.
                                                    VIII. Loan Benchmark and Interest Rates                 ‘‘Scope of the Investigation,’’ in                    dollars.
                                                    IX. Use of Facts Otherwise Available                    Appendix I of this notice.                               We agree that the alleged errors were
                                                    X. Analysis of Programs                                                                                       made. Moreover, pursuant to 19 CFR
                                                                                                            Significant Ministerial Error
                                                    XI. Calculation of All-Others Rate                                                                            351.224(g)(2), these ministerial errors
                                                    XII. International Trade Commission                        A ministerial error is defined in 19               are significant because the correction of
                                                    XIII. Disclosure and Public Comment                     CFR 351.224(f) as ‘‘an error in addition,             these errors results in a change from a
                                                    XIV. Conclusion                                         subtraction, or other arithmetic                      weighted-average dumping margin of
                                                    [FR Doc. 2016–28704 Filed 11–28–16; 8:45 am]            function, clerical error resulting from               zero or de minimis to a weighted-
                                                    BILLING CODE 3510–DS–P                                  inaccurate copying, duplication, or the               average dumping margin of greater than
                                                                                                            like, and any other similar type of                   de minimis. Therefore, we are correcting
                                                                                                            unintentional error which the Secretary               the ministerial errors alleged by Nucor
                                                    DEPARTMENT OF COMMERCE                                  considers ministerial.’’ Further, 19 CFR              and we are amending our preliminary
                                                                                                            351.224(e) provides that the Department               determination accordingly.4
                                                    International Trade Administration                      ‘‘will analyze any comments received
                                                                                                            and, if appropriate, correct any                      Amended Preliminary Determination
                                                    [A–428–844]                                             significant ministerial error by                        We are amending the preliminary
                                                                                                            amending the preliminary                              determination of sales at less-than-fair-
                                                    Certain Carbon and Alloy Steel Cut-To-                  determination.’’ A significant                        value for CTL plate from Germany to
                                                    Length Plate From the Federal                           ministerial error is defined as a                     reflect the correction of ministerial
                                                    Republic of Germany: Amended                            ministerial error, the correction of                  errors made in the margin calculation of
                                                    Preliminary Determination of Sales at                   which, singly or in combination with                  that determination for Salzgitter. In
                                                    Less Than Fair Value                                    other errors, would result in: (1) A                  addition, because we calculated a de
                                                                                                            change of at least five absolute                      minimis weighted-average dumping
                                                    AGENCY:  Enforcement and Compliance,                    percentage points in, but not less than               margin for Salzgitter in the Preliminary
                                                    International Trade Administration,                     25 percent of, the weighted-average                   Determination, the preliminary ‘‘All-
                                                    Department of Commerce.                                 dumping margin calculated in the                      Others’’ Rate was based on the
                                                    SUMMARY:   On November 14, 2016, the                    original (erroneous) preliminary                      estimated weighted-average dumping
                                                    Department of Commerce (the                             determination; or (2) a difference                    margin calculated for Dillinger, the
                                                    Department) published in the Federal                    between a weighted-average dumping                    other mandatory respondent in this
                                                    Register the Preliminary Determination                  margin of zero or de minimis and a                    investigation. Thus, we are also
                                                    of the antidumping duty investigation of                weighted-average dumping margin of                    amending the ‘‘All-Others’’ rate to
                                                    certain carbon and alloy steel cut-to-                  greater than de minimis or vice versa.3               account for the change in the Salzgitter
                                                    length plate (CTL plate) from the                       Ministerial Error Allegations                         margin. Accordingly, we are amending
                                                    Federal Republic of Germany                                                                                   the calculation of the all-others rate to
                                                                                                               Nucor alleges that the Department                  base it on the weighted-average of the
                                                    (Germany). The Department is
                                                                                                            made three ministerial errors in its                  margins calculated for Dillinger and
                                                    amending the Preliminary
                                                                                                            calculation of the preliminary                        Salzgitter using publicly-ranged data.
                                                    Determination of the investigation to                   determination margin for Ilsenburger
                                                    correct three ministerial errors.                                                                             Because we cannot apply our normal
                                                                                                            Grobblech GmbH, Salzgitter                            methodology of calculating a weighted-
                                                    DATES:   Effective November 29, 2016.                   Mannesmann Grobblech GmbH,                            average margin due to requests to
                                                    FOR FURTHER INFORMATION CONTACT:    Ross                Salzgitter Flachstahl GmbH, and                       protect business-proprietary
                                                    Belliveau or David J. Goldberger, AD/                   Salzgitter Mannesmann International                   information, we find this rate to be the
                                                    CVD Operations, Office II, Enforcement                  GmbH (collectively, Salzgitter):                      best proxy of the actual weighted-
                                                                                                               • In making the adjustment to U.S.
                                                    and Compliance, International Trade                                                                           average margin determined for these
                                                                                                            price for reported freight revenue and
                                                    Administration, U.S. Department of                                                                            respondents.5 As a result of the
                                                                                                            capping that adjustment by the reported
                                                    Commerce, 1401 Constitution Avenue
                                                                                                            freight expense, the Department did not
                                                    NW., Washington, DC 20230; telephone:                                                                            4 See Memorandum to the File entitled

                                                                                                                                                                  ‘‘Amended Preliminary Determination Margin
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    (202) 482–4952 or (202) 482–4136,                         1 See Certain Carbon and Alloy Steel Cut-to-        Calculation for Salzgitter’’ (Amended Preliminary
                                                    respectively.                                           Length Plate from the Federal Republic of Germany:    Determination Memorandum) for further discussion
                                                                                                            Preliminary Determination of Sales at Less Than       of our calculations for this amended preliminary
                                                    SUPPLEMENTARY INFORMATION:                              Fair Value and Postponement of Final                  determination.
                                                                                                            Determination, 81 FR 79446 (November 14, 2016)           5 See, e.g., Welded Line Pipe from the Republic of
                                                    Background                                              (Preliminary Determination).                          Turkey: Final Determination of Sales at Less Than
                                                                                                              2 See letter from Nucor entitled, ‘‘Nucor’s
                                                      On November 14, 2016, the                                                                                   Fair Value, 80 FR 61362, 61363 (October 13, 2015).
                                                                                                            Ministerial Error Comments Regarding Salzgitter,’’    For further discussion of the amended calculation
                                                    Department published in the Federal                     dated November 14, 2016 (Nucor Letter).               of the all-others rate, see Amended Preliminary
                                                    Register the Preliminary Determination                    3 See 19 CFR 351.224(g)(1) and (2).                 Determination Memorandum.



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Document Created: 2016-11-29 00:33:32
Document Modified: 2016-11-29 00:33:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective November 29, 2016.
ContactEmily Maloof or Davina Friedmann, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 5649 or (202) 482-0698, respectively.
FR Citation81 FR 85928 

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