82 FR 27229 - Finished Carbon Steel Flanges From Spain: Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 113 (June 14, 2017)

Page Range		27229-27230
FR Document		2017-12404
Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (the ITC), the Department is issuing an antidumping duty order on finished carbon steel flanges from Spain.
Federal Register, Volume 82 Issue 113 (Wednesday, June 14, 2017)
[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Notices]
[Pages 27229-27230]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12404]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-815]


Finished Carbon Steel Flanges From Spain: Antidumping Duty Order

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

ACTION: Notice.

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SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (the 
ITC), the Department is issuing an antidumping duty order on finished 
carbon steel flanges from Spain.

DATES: June 14, 2017.

FOR FURTHER INFORMATION CONTACT: Mark Flessner at (202) 482-6312, AD/
CVD Operations Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on April 17, 
2017, the Department published its affirmative final determination in 
the less-than-fair-value (LTFV) investigation of finished carbon steel 
flanges from Spain.\1\ On June 7, 2017, the ITC notified the Department 
of its final affirmative determination, pursuant to section 735(d) of 
the Act, that an industry in the United States is materially injured 
within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of 
the LTFV imports of finished carbon steel flanges from Spain.\2\
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    \1\ See Finished Carbon Steel Flanges from Spain: Final 
Determination of Sales at Less Than Fair Value, 82 FR 18108 (April 
17, 2017) (Final Determination).
    \2\ See Letter from the ITC regarding finished carbon steel 
flanges from Spain, dated June 7, 2017 (ITC Letter). See also 
Finished Carbon Steel Flanges from Spain Investigation No. 731-TA-
1333 (Final) USITC Publication 4696 (June 2017) (ITC Report).
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Scope of the Order

    The merchandise covered by this order is finished carbon steel 
flanges from Spain.\3\
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    \3\ For a full description of the scope of this order, see the 
Appendix to this notice.
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Antidumping Duty Order

    As stated above, on June 7, 2017, in accordance with section 735(d) 
of the Act, the ITC notified the Department of its final determination 
that the industry in the United States producing finished carbon steel 
flanges is materially injured by reason of the LTFV imports of finished 
carbon steel flanges from Spain.\4\ Therefore, in accordance with 
section 735(c)(2) of the Act, we are issuing this antidumping duty 
order. Because the ITC determined that imports of finished carbon steel 
flanges from Spain are materially injuring a U.S. industry, 
unliquidated entries of such merchandise from Spain entered, or 
withdrawn from warehouse, for consumption are subject to the assessment 
of antidumping duties.
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    \4\ See ITC Letter and ITC Report.
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    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the NV of the merchandise exceeds the 
export price (or constructed export price) of the merchandise, for all 
relevant entries of finished carbon steel flanges from Spain. 
Antidumping duties will be assessed on unliquidated entries of finished 
carbon steel flanges from Spain entered, or withdrawn from warehouse, 
for consumption on or after February 8, 2017, the date of publication 
of the Preliminary Determination,\5\ but will not include entries 
occurring after the expiration of the provisional measures period and 
before publication in the Federal Register of the ITC's final injury 
determination, as further described below.
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    \5\ See Finished Carbon Steel Flanges from Spain: Preliminary 
Determination of Sales at Less Than Fair Value, 82 FR 9723 (February 
8, 2017) (Preliminary Determination).
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on all relevant entries 
of finished carbon steel flanges from Spain. These instructions 
suspending liquidation will remain in effect until further notice.
    We will also instruct CBP to require cash deposits for estimated 
antidumping duties equal to the estimated weighted-average dumping 
margins indicated below. Accordingly, effective on the date of 
publication in the Federal Register of the ITC's final affirmative 
injury determination, CBP will require, at the same time as importers 
would normally deposit estimated duties on this subject merchandise, a 
cash deposit equal to the estimated weighted-average dumping margins 
listed below.\6\ The ``all-others'' rates apply to all producers or 
exporters not specifically listed.
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    \6\ See section 736(a)(3) of the Act.
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. We received no such request. In the underlying investigation, 
the Department published the Preliminary Determination on February 8, 
2017. Therefore, the unextended period, beginning on the date of 
publication of the Preliminary Determination, ended on June 8, 2017. 
Furthermore, section 737(b) of the Act states that definitive duties 
are to begin on the date of publication of the ITC's final injury 
determination.
    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of finished carbon steel flanges from Spain 
entered, or withdrawn from warehouse, for consumption after June 8, 
2017, the date on which the provisional measures expired, until and 
through the day preceding the date of publication of the ITC's injury 
determinations in the Federal Register. Suspension of liquidation will 
resume on the date of publication of the ITC's determination in the 
Federal Register.

Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins for this antidumping 
order are as follows:

[[Page 27230]]



------------------------------------------------------------------------
                                                       Weighted-average
                Exporter/manufacturer                   dumping margins
                                                           (percent)
------------------------------------------------------------------------
ULMA Forja, S.Coop..................................               24.43
All Others..........................................               18.81
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Notifications to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
finished carbon steel flanges from Spain pursuant to section 736(a) of 
the Act. Interested parties can find a list of antidumping duty orders 
currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    This order is published in accordance with section and 736(a) of 
the Act and 19 CFR 351.211(b).

    Dated: June 9, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Order

    The scope of this order 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 order. 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 order.
    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 
written description of the scope is dispositive.

[FR Doc. 2017-12404 Filed 6-13-17; 8:45 am]
 BILLING CODE 3510-DS-P
27230 Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Notices

Weighted-average (c) none of the elements listed below significantly impeded the
Exporter/manufacturer dumping margins exceeds the quantity, by weight, as indicated: administrative review, and did not
(percent) (i) 0.87 percent of aluminum; cooperate to the best of its ability.
(ii) 0.0105 percent of boron;
Accordingly, we continue to use adverse
ULMA Forja, S.Coop .... 24.43 (iii) 10.10 percent of chromium;
All Others ...................... 18.81 (iv) 1.55 percent of columbium; facts available. However, in a change
(v) 3.10 percent of copper; from the Preliminary Results, we find
(vi) 0.38 percent of lead; that QTF is not eligible for separate rate
Notifications to Interested Parties
(vii) 3.04 percent of manganese; status, and thus, is a part of the PRC-
This notice constitutes the (viii) 2.05 percent of molybdenum; wide entity. The Department is also
antidumping duty order with respect to (ix) 20.15 percent of nickel; rescinding the review with respect to
finished carbon steel flanges from Spain (x) 1.55 percent of niobium; Harmoni and Jinxiang Jinma Fruits
pursuant to section 736(a) of the Act. (xi) 0.20 percent of nitrogen; Vegetables Products Co., Ltd. (Jinxiang
Interested parties can find a list of (xii) 0.21 percent of phosphorus; Jinma), as discussed below.
antidumping duty orders currently in (xiii) 3.10 percent of silicon;
(xiv) 0.21 percent of sulfur;
These determinations and the final
effect at http://enforcement.trade.gov/ dumping margins are discussed below
(xv) 1.05 percent of titanium;
stats/iastats1.html. (xvi) 4.06 percent of tungsten; in the ‘‘Final Results’’ section of this
This order is published in accordance (xvii) 0.53 percent of vanadium; or notice.
with section and 736(a) of the Act and (xviii) 0.015 percent of zirconium.
19 CFR 351.211(b). DATES: Effective June 14, 2017.
Finished carbon steel flanges are currently
FOR FURTHER INFORMATION CONTACT:
Dated: June 9, 2017. classified under subheadings 7307.91.5010
and 7307.91.5050 of the Harmonized Tariff Kathryn Wallace or Alexander Cipolla,
Ronald K. Lorentzen,
Schedule of the United States (HTSUS). They AD/CVD Operations, Office VII,
Acting Assistant Secretary for Enforcement
may also be entered under HTSUS Enforcement and Compliance,
and Compliance.
subheadings 7307.91.5030 and 7307.91.5070. International Trade Administration,
Appendix—Scope of the Order The HTSUS subheadings are provided for U.S. Department of Commerce, 1401
convenience and customs purposes; the Constitution Avenue NW., Washington,
The scope of this order covers finished written description of the scope is
carbon steel flanges. Finished carbon steel DC 20230; telephone 202–482–6251 or
dispositive.
flanges differ from unfinished carbon steel 202–482–4956, respectively.
flanges (also known as carbon steel flange [FR Doc. 2017–12404 Filed 6–13–17; 8:45 am]
SUPPLEMENTARY INFORMATION: The
forgings) in that they have undergone further BILLING CODE 3510–DS–P Department published the Preliminary
processing after forging, including, but not
Results on December 9, 2016, in which
limited to, beveling, bore threading, center or
step boring, face machining, taper boring, it preliminarily determined that QTF
DEPARTMENT OF COMMERCE
machining ends or surfaces, drilling bolt and Harmoni each failed to cooperate to
holes, and/or de-burring or shot blasting. Any International Trade Administration the best of its ability. As a result, the
one of these post-forging processes suffices to Department preliminarily found that
render the forging into a finished carbon steel [A–570–831] Harmoni had not rebutted the
flange for purposes of this order. However, presumption that it is part of the PRC-
mere heat treatment of a carbon steel flange Fresh Garlic From the People’s wide entity, and we preliminarily based
forging (without any other further processing Republic of China: Final Results and QTF’s dumping margin on adverse facts
after forging) does not render the forging into Partial Rescission of the 21st available. The Department also
a finished carbon steel flange for purposes of Antidumping Duty Administrative
this order. preliminarily found that Xinboda sold
Review; 2014–2015 merchandise to the United States at less
While these finished carbon steel flanges
are generally manufactured to specification AGENCY: Enforcement and Compliance, than normal value. Finally, we
ASME B16.5 or ASME B16.47 series A or International Trade Administration, preliminarily granted a separate rate to
series B, the scope is not limited to flanges Department of Commerce. five companies which demonstrated
produced under those specifications. All their eligibility for separate rate status,
types of finished carbon steel flanges are SUMMARY: The Department of Commerce
(the Department) published the but were not selected for individual
included in the scope regardless of pipe size examination.1 In accordance with 19
(which may or may not be expressed in Preliminary Results of the 21st
administrative review of the CFR 351.309, we invited parties to
inches of nominal pipe size), pressure class
(usually, but not necessarily, expressed in antidumping duty order on fresh garlic comment on our Preliminary Results.
pounds of pressure, e.g., 150, 300, 400, 600, from the People’s Republic of China The petitioners,2 the New Mexico Garlic
900, 1500, 2500, etc.), type of face (e.g., flat (PRC) on December 9, 2016. We gave Growers Coalition (NMGGC),3 Xinboda,
face, full face, raised face, etc.), configuration interested parties an opportunity to QTF, Harmoni, and Jinxiang Hejia Co.,
(e.g., weld neck, slip on, socket weld, lap
comment on the Preliminary Results. Ltd. (Hejia) timely filed case briefs,
joint, threaded, etc.), wall thickness (usually, pursuant to our regulations.4
but not necessarily, expressed in inches), The period of review (POR) is November
normalization, or whether or not heat treated. 1, 2014, and October 31, 2015. The 1 See Fresh Garlic from the People’s Republic of
These carbon steel flanges either meet or mandatory respondents in this review China: Preliminary Results and Partial Rescission of
exceed the requirements of the ASTM A105, are: Zhengzhou Harmoni Spice Co., Ltd. the 21st Antidumping Duty Administrative Review;
ASTM A694, ASTM A181, ASTM A350 and (Harmoni) and Qingdao Tiantaixing 2014–2015, 81 FR 89050 (December 9, 2016)
ASTM A707 standards (or comparable Foods Co., Ltd. (QTF). (Preliminary Results) and accompanying Issues and
foreign specifications). The scope includes Decision Memorandum (PDM).
Based upon our analysis of the
mstockstill on DSK30JT082PROD with NOTICES

2 The petitioners are the Fresh Garlic Producers
any flanges produced to the above-referenced comments and information received, we Association (FGPA) and its individual members:
ASTM standards as currently stated or as
made no changes to the margin Christopher Ranch LLC, The Garlic Company,
may be amended. The term ‘‘carbon steel’’ Valley Garlic, and Vessey and Company, Inc.
under this scope is steel in which: calculated for voluntary respondent,
3 The NMGGC, at the time of initiation, consisted
(a) Iron predominates, by weight, over each Shenzhen Xinboda Industrial Co., Ltd.
of Avrum Katz of Boxcar Farm and Stanley
of the other contained elements: (Xinboda). As discussed below, the Crawford of El Bosque Farm.
(b) the carbon content is 2 percent or less, Department continues to find that QTF 4 See NMGGC’s Case Brief, ‘‘Case Brief Filed on

by weight; and withheld requested information, Behalf of the New Mexico Garlic Growers Coalition

VerDate Sep<11>2014 17:36 Jun 13, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\14JNN1.SGM 14JNN1
Document Created: 2017-06-14 01:23:59
Document Modified: 2017-06-14 01:23:59
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
Action		Notice.
Dates		June 14, 2017.
Contact		Mark Flessner at (202) 482-6312, AD/ CVD Operations Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
FR Citation		82 FR 27229
82 FR 27229 - Finished Carbon Steel Flanges From Spain: Antidumping Duty Order

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 82, Issue 113 (June 14, 2017)

DEPARTMENT OF COMMERCE
International Trade Administration
