82 FR 18108 - Finished Carbon Steel Flanges From Spain: Final Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 72 (April 17, 2017)
International Trade Administration
Federal Register Volume 82, Issue 72 (April 17, 2017)
| Page Range | 18108-18110 | |
| FR Document | 2017-07680 |
[Federal Register Volume 82, Number 72 (Monday, April 17, 2017)] [Notices] [Pages 18108-18110] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07680] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-469-815] Finished Carbon Steel Flanges From Spain: Final Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that finished carbon steel flanges from Spain are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2015, through March 31, 2016. The final estimated weighted-average dumping margins of sales at LTFV are shown in the ``Final Determination'' section of this notice. DATES: Effective April 17, 2017. FOR FURTHER INFORMATION CONTACT: Mark Flessner or Erin Kearney, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6312 or (202) 482-0167, respectively. SUPPLEMENTARY INFORMATION: Background On February 8, 2017, the Department published the preliminary affirmative determination of sales at LTFV in the investigation of finished carbon steel flanges from Spain.\1\ We invited interested parties to comment on the Preliminary Determination. We received no comments from interested parties. --------------------------------------------------------------------------- \1\ See Finished Carbon Steel Flanges from Spain: Preliminary Determination of Sales at Less Than Fair Value, 82 FR 9723 (February 8, 2017) (Preliminary Determination). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is finished carbon steel flanges from Spain. For a full description of the scope of this investigation, see the ``Scope of the Investigation,'' in Appendix I of this notice. Verification Because the mandatory respondent in this investigation did not provide the information requested, the Department did not conduct verification. Analysis of Comments Received and Changes Since the Preliminary Determination As noted above, we received no comments pertaining to the Preliminary Determination. For the purposes of the final determination, the Department has made no changes to the Preliminary Determination. Use of Adverse Facts Available As stated in the Preliminary Determination, we found that the mandatory respondent in this investigation, ULMA Forja, S.Coop (ULMA), did not cooperate to the best of its ability and, accordingly, we determined it appropriate to apply facts otherwise available with an adverse inference, in accordance with section 776(a)-(b) of the Tariff Act of 1930, as amended (the Act).\2\ For the purposes of the final determination, the Department has made no changes to the Preliminary Determination. --------------------------------------------------------------------------- \2\ See Preliminary Determination at 9724 and the accompanying Memorandum from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, entitled, ``Decision Memorandum for the Preliminary Determination in the Antidumping Duty Investigation of Finished Carbon Steel Flanges from Spain,'' dated January 26, 2017 (Preliminary Decision Memorandum), at 3-7. --------------------------------------------------------------------------- All-Others Rate As discussed in the Preliminary Determination, the Department based the selection of the ``all-others'' rate on the simple average of the two dumping margins calculated for subject merchandise from Spain provided in the Petition (as recalculated by the Department for initiation purposes),\3\ in [[Page 18109]] accordance with section 735(c)(5)(B) of the Act, and determined a rate of 18.81 percent. We made no changes to the ``all-others'' rate for this final determination.\4\ --------------------------------------------------------------------------- \3\ See Letter from Weldbend Corporation and Boltex Mfg. Co., L.P. (collectively, petitioners) to the Secretary of the U.S. International Trade Commission and the Secretary of Commerce entitled, ``Finished Carbon Steel Flanges from Spain: 2nd Supplemental Questionnaire Response,'' dated July 13, 2016, at 2 and Exhibit 1. See also AD Investigation Initiation Checklist: Finished Carbon Steel Flanges from Spain (July 20, 2016) (in which the petition margins were recalculated for purposes of initiation). \4\ See Preliminary Determination, 82 FR at 9724-9725. --------------------------------------------------------------------------- Final Determination The final estimated weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Weighted- average Exporter/manufacturer dumping margins (percent) ------------------------------------------------------------------------ ULMA Forja, S.Coop.......................................... 24.43 All Others.................................................. 18.81 ------------------------------------------------------------------------ Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, for this final determination, the Department will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of finished carbon steel flanges from Spain, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after February 8, 2017, the date of publication of the preliminary determination in the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act, CBP shall require a cash deposit equal to the weighted-average amount by which normal value exceeds U.S. price, as follows: (1) For ULMA, the cash deposit rate will be equal to the estimated weighted-average dumping margin which the Department determined in this final determination; (2) if the exporter is not a firm identified in this investigation but the producer is, then the cash deposit rate will be equal to the estimated weighted-average dumping margin established for the producer of the subject merchandise; (3) the cash deposit rate for all other producers or exporters will be 18.81 percent, as discussed in the ``All-Others Rate'' section, above. The instructions suspending liquidation will remain in effect until further notice. Disclosure The weighted-average dumping margin assigned to the mandatory respondent in this investigation in the Preliminary Determination was based on adverse facts available and the Department described the method it used to determine the adverse facts available rate in the Preliminary Determination. As we made no changes to this margin since the Preliminary Determination, no additional disclosure of calculations is necessary for this final determination. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of finished carbon steel flanges from Spain in accordance with section 735(b)(2) of the Act. If the ITC determines that such injury does not exist, this proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury exists, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders This notice serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c). Dated: April 11, 2017. Ronald K. Lorentzen, Acting 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 de-burring 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 B16.5 or ASME B16.47 series A or series B, 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 convenience and customs purposes; the [[Page 18110]] written description of the scope is dispositive. [FR Doc. 2017-07680 Filed 4-14-17; 8:45 am] BILLING CODE 3510-DS-P
![18108 Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices
Comment 24: Procedural Issue Regarding Hyundai HYSCO Co., Ltd. interested parties to comment on the
Service of Case Brief Hyundai Steel Company Preliminary Determination. We received
Comment 25: Procedural Issue Regarding Hyundai Steel Co., Ltd. no comments from interested parties.
Sanctions for Improper Conduct ILJIN Steel Corporation
C. NEXTEEL-Specific Issues Kukbo Logix Scope of the Investigation
Comment 26: Whether To Apply Total Kukje Steel
Adverse Facts Available to NEXTEEL Kumkang Industrial Co., Ltd. The product covered by this
A. Lawsuit Between POSCO Daewoo and McJunkin Red Man Tubular investigation is finished carbon steel
Atlas NEXTEEL Q&T flanges from Spain. For a full
B. Expenses Incurred by a Certain Affiliate Nippon Arwwl and Aumikin Vuaan Korea description of the scope of this
C. Expenses and Revenues Booked by Co., Ltd. investigation, see the ‘‘Scope of the
NEXTEEL and a Certain Affiliate Phocennee Investigation,’’ in Appendix I of this
D. Inventory Movement Schedule POSCO Processing and Acy Service notice.
E. Hot-Rolled Coil Grades Used To Produce Samson
OCTG Sedae Entertech Verification
Comment 27: NEXTEEL’s Unpaid U.S. Steel Canada
Sales to Atlas Steel Flower Because the mandatory respondent in
Comment 28: Whether the Unpaid Sales Steelpia this investigation did not provide the
Constitute Bad Debt Sung Jin information requested, the Department
Comment 29: Upgradeable HRC TGS Pipe did not conduct verification.
Comment 30: Transferred Quantities of Toyota Tsusho Corporation
OCTG in NEXTEEL’s COP Data UNI Global Logistics Analysis of Comments Received and
Comment 31: Sales Adjustment for Certain Yonghyun Base Materials Changes Since the Preliminary
Expenses [FR Doc. 2017–07684 Filed 4–14–17; 8:45 am] Determination
Comment 32: Major Input Adjustment for BILLING CODE 3510–DS–P As noted above, we received no
Hot-Rolled Coil
comments pertaining to the Preliminary
Comment 33: Cost Adjustment for
Downgraded, Non-OCTG Pipe Determination. For the purposes of the
Comment 34: Suspended Losses DEPARTMENT OF COMMERCE final determination, the Department has
Comment 35: Valuation Allowances of Raw made no changes to the Preliminary
Materials and Finished Goods International Trade Administration Determination.
Inventories [A–469–815]
Comment 36: Affiliation Use of Adverse Facts Available
Comment 37: Universe of U.S. Sales Finished Carbon Steel Flanges From As stated in the Preliminary
Comment 38: U.S. Freight and Storage Spain: Final Determination of Sales at Determination, we found that the
III. Background
Less Than Fair Value mandatory respondent in this
IV. Scope of the Order
V. Margin Calculations investigation, ULMA Forja, S.Coop
AGENCY: Enforcement and Compliance, (ULMA), did not cooperate to the best
VI. Rate for Non-Examined Companies International Trade Administration,
VII. Discussion of the Issues of its ability and, accordingly, we
Department of Commerce. determined it appropriate to apply facts
VIII. Recommendation
SUMMARY: The Department of Commerce otherwise available with an adverse
Appendix II—List of Companies Not (the Department) determines that inference, in accordance with section
Individually Examined finished carbon steel flanges from Spain 776(a)–(b) of the Tariff Act of 1930, as
A.R. Williams Materials are being, or are likely to be, sold in the amended (the Act).2 For the purposes of
AJU Besteel Co., Ltd. United States at less than fair value the final determination, the Department
AK Steel (LTFV). The period of investigation has made no changes to the Preliminary
BDP International (POI) is April 1, 2015, through March Determination.
Cantak Corporation 31, 2016. The final estimated weighted-
Daewoo International Corporation average dumping margins of sales at All-Others Rate
Dong-A Steel Co., Ltd. LTFV are shown in the ‘‘Final
Dong Yang Steel Pipe As discussed in the Preliminary
Dongbu Incheon Steel
Determination’’ section of this notice. Determination, the Department based
Dongbu Steel Co., Ltd. DATES: Effective April 17, 2017. the selection of the ‘‘all-others’’ rate on
Dongkuk S and C FOR FURTHER INFORMATION CONTACT: the simple average of the two dumping
DSEC Mark Flessner or Erin Kearney, AD/CVD margins calculated for subject
EEW Korea Operations, Office VI, Enforcement and merchandise from Spain provided in the
Erndtebruecker Eisenwerk and Company Compliance, International Trade Petition (as recalculated by the
GS Global Department for initiation purposes),3 in
Administration, U.S. Department of
H K Steel
Hansol Metal Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: Fair Value, 82 FR 9723 (February 8, 2017)
HG Tubulars Canada Ltd. (Preliminary Determination).
Husteel Co., Ltd. (202) 482–6312 or (202) 482–0167, 2 See Preliminary Determination at 9724 and the
Hyundai HYSCO 14 respectively. accompanying Memorandum from Gary Taverman,
SUPPLEMENTARY INFORMATION: Associate Deputy Assistant Secretary for
14 On September 21, 2016, the Department Antidumping and Countervailing Duty Operations,
published the final results of a changed Background to Ronald K. Lorentzen, Acting Assistant Secretary
circumstances review with respect to OCTG from for Enforcement and Compliance, entitled,
mstockstill on DSK30JT082PROD with NOTICES
Korea, finding that Hyundai Steel is the successor- On February 8, 2017, the Department ‘‘Decision Memorandum for the Preliminary
in-interest to Hyundai HYSCO for purposes of published the preliminary affirmative Determination in the Antidumping Duty
determining antidumping duty cash deposits and determination of sales at LTFV in the Investigation of Finished Carbon Steel Flanges from
liabilities. See Notice of Final Results of Spain,’’ dated January 26, 2017 (Preliminary
investigation of finished carbon steel Decision Memorandum), at 3–7.
Antidumping Duty Changed Circumstances Review:
Oil Country Tubular Goods from the Republic of flanges from Spain.1 We invited 3 See Letter from Weldbend Corporation and
Korea, 81 FR 64873 (September 21, 2016). Hyundai Boltex Mfg. Co., L.P. (collectively, petitioners) to
Steel Company is also known as Hyundai Steel 1 See Finished Carbon Steel Flanges from Spain: the Secretary of the U.S. International Trade
Corporation and Hyundai Steel Co. Ltd. Preliminary Determination of Sales at Less Than Commission and the Secretary of Commerce
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![18110 Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices
written description of the scope is hearing summaries, and rebuttal (b) To what extent are non-market
dispositive. comments must be in English and economies operating within a market-
[FR Doc. 2017–07680 Filed 4–14–17; 8:45 am] submitted electronically via the Internet based system create trade imbalances?
BILLING CODE 3510–DS–P at www.regulations.gov docket number (c) To what extent does chronic
DOC 2017–0003. For alternatives to on- industrial overcapacity resulting from
line submissions please contact Patrick government subsidies affect the U.S.
DEPARTMENT OF COMMERCE Kirwan, Director of the Trade Promotion trade deficit?
Coordinating Committee Secretariat, (d) Have free trade agreements
International Trade Administration U.S. Department of Commerce, at (202) contributed to bilateral trade deficits
482–5455 or patrick.kirwan@trade.gov. and how?
Public Comments and Hearing The public is strongly encouraged to file (e) To what extent have weak
Regarding Administration Report on submissions electronically rather than enforcement and dispute resolution
Significant Trade Deficits by facsimile or mail. Follow the mechanisms inadequately addressed
AGENCY: Office of the United States instructions for submitting comments in trade issues that result in trade deficits?
Trade Representative, International section C below. (f) Are there any other factors related
Trade Administration, United States FOR FURTHER INFORMATION CONTACT: For to trade deficits that the report should
Department of Commerce. procedural questions concerning written consider?
ACTION: Notice of public hearing and comments or participating in the public With regard to manufacturing and the
request for comments. hearing, contact Patrick Kirwan at (202) defense industrial base (with specific
482–5455 or patrick.kirwan@trade.gov. focus on electronics, aerospace,
SUMMARY: Pursuant to Executive Order SUPPLEMENTARY INFORMATION: avionics, materials, machinery, and
13786 of March 31 2017, the Secretary equipment), comments may address
of Commerce and the United States A. Topics on Which Commerce and
USTR Seek Information how the following requirements or
Trade Representative (USTR), in practices of trading partners have
consultation with the Secretaries of To assist Commerce and USTR in affected opportunities for increased U.S.
State, the Treasury, Defense, preparing the Report, commenters exports, profitability, and employment:
Agriculture, and Homeland Security should submit information related to (a) Mandated coproduction and
and the heads of any other executive one or more of the assessments called licensed production;
departments or agencies with relevant for in the Executive Order: (b) mandated subcontracting; counter
expertise, as determined by the For each identified trading partner trade;
Secretary of Commerce and the USTR, with which the United States had a (c) required technology transfer;
shall prepare and submit to the significant trade deficit in goods in (d) required collaborative research
President an Omnibus Report on 2016, the Report shall: and development;
Significant Trade Deficits. The (a) Assess the major causes of the
(e) mandated joint ventures and
Executive Order can be found here: trade deficit including, as applicable,
intellectual property transfer; and
https://www.whitehouse.gov/the-press- differential tariffs, non-tariff barriers,
(f) required capital investments.
office/2017/03/31/presidential- injurious dumping, injurious
executive-order-regarding-omnibus- government subsidization, intellectual B. Public Comment and Hearing
report-significant-trade. property theft, forced technology
Commerce and USTR seek public
The Department of Commerce transfer, denial of worker rights and
comments with respect to the above
(Commerce) and USTR will hold a labor standards, and any other form of
stated issues and questions. To be
public hearing and seek written discrimination against the commerce of
assured of consideration, you must
comments to assist in the analysis for the United States or other factors
submit written comments by 11:59 p.m.
the assessment called for in Executive contributing to the deficit;
(b) assess whether the trading partner EDT on Wednesday, May 10, 2017 in
Order 13786. The trading partners with accordance with the instructions in
which the United States had a is, directly or indirectly, imposing
unequal burdens on, or unfairly section C below.
significant trade deficit in goods in 2016 Commerce and USTR will also
(in alphabetical order) were Canada, discriminating in fact against, the
commerce of the United States by law, convene a public hearing at the U.S.
China, the European Union, India, Department of Commerce beginning at
Indonesia, Japan, Korea, Malaysia, regulation, or practice and thereby
placing the commerce of the United 9:30 a.m. on Thursday, May 18, 2017.
Mexico, Switzerland, Taiwan, Thailand, Persons wishing to appear at the hearing
and Vietnam. States at an unfair disadvantage;
(c) assess the effects of the trade must provide written notification of
DATES: The schedule and deadlines are their intention and a summary of the
relationship on the production capacity
as follows: and strength of the manufacturing and proposed testimony by 11:59 p.m. EDT
Wednesday, May 10, 2017 at 11:59 on Wednesday, May 10, 2017 in
defense industrial bases of the United
p.m. Eastern Daylight Time (EDT): accordance with the instructions in
States;
Deadline for interested persons to (d) assess the effects of the trade section C below.
submit written comments. Also, this is relationship on employment and wage Indicate in the ‘‘Type Comment’’ field
the deadline for requests to appear at growth in the United States; and if you are submitting a request to appear
the hearing, which must include a (e) identify imports and trade at the hearing, and include the name,
summary of your testimony. practices that may be impairing the address and telephone number of the
mstockstill on DSK30JT082PROD with NOTICES
Thursday, May 18, 2017: A public national security of the United States. person presenting the testimony. A
hearing at the U.S. Department of Commenters may also address the summary of the testimony should be
Commerce, 1401 Constitution Avenue following questions which are relevant attached by using the ‘‘Upload File’’
NW., Washington, DC, beginning at 9:30 for the assessment: field. The file name should include who
a.m. EDT. (a) Which bilateral trade deficits are will be presenting the testimony.
ADDRESSES: All written comments, structural or cyclical rather than Remarks at the hearing should be
requests to appear at the hearing, mercantilist-driven? limited to no more than five minutes to
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Document Created: 2018-08-25 11:28:07
Document Modified: 2018-08-25 11:28:07
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective April 17, 2017. | |
| Contact | Mark Flessner or Erin Kearney, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6312 or (202) 482-0167, respectively. | |
| FR Citation | 82 FR 18108 |
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