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)

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, 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)
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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