82_FR_29605 82 FR 29481 - Finished Carbon Steel Flanges From Italy: Final Determination of Sales at Less Than Fair Value

82 FR 29481 - Finished Carbon Steel Flanges From Italy: Final Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 124 (June 29, 2017)

Page Range29481-29483
FR Document2017-13629

The Department of Commerce (Department) determines that imports of finished carbon steel flanges (flanges) from Italy are being, or are likely to be, sold in the United States at less than fair value (LTFV). The final estimated weighted-average dumping margins of sales at LTFV are listed below in the section entitled ``Final Determination.'' The period of investigation is April 1, 2015, through March 31, 2016.

Federal Register, Volume 82 Issue 124 (Thursday, June 29, 2017)
[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Notices]
[Pages 29481-29483]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13629]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-835]


Finished Carbon Steel Flanges From Italy: Final Determination of 
Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (Department) determines that 
imports of finished carbon steel flanges (flanges) from Italy are 
being, or are likely to be, sold in the United States at less than fair 
value (LTFV). The final estimated weighted-average dumping margins of 
sales at LTFV are listed below in the section entitled ``Final 
Determination.'' The period of investigation is April 1, 2015, through 
March 31, 2016.

DATES: Effective June 29, 2017.

FOR FURTHER INFORMATION CONTACT: Moses Song or Edythe Artman, 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) 482-5041, or (202) 482-
3931, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On February 8, 2017, the Department published the Preliminary 
Determination in the Federal Register.\1\ In the Preliminary 
Determination, we postponed the final determination until no later than 
135 days after the date of publication of the Preliminary 
Determination, in accordance with section 735(a)(2) of the Tariff Act 
of 1930, as amended (the Act).\2\
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    \1\ See Finished Carbon Steel Flanges from Italy: Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination, 82 FR 9711 (February 8, 2017) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum 
(PDM).
    \2\ See Preliminary Determination, 82 FR at 9713.
---------------------------------------------------------------------------

    The petitioners in this investigation are Weldbend Corporation and 
Boltex Manufacturing Co., L.P. The two mandatory respondents in this 
investigation are: (1) Metalfar Prodotti Industriali S.p.A. (Metalfar); 
and (2) Officine Ambrogio Melesi & C. S.r.l.

[[Page 29482]]

(Melesi)/ASFO S.p.A. (ASFO) (collectively, Melesi/ASFO).
    A summary of the events that occurred since the Department 
published the Preliminary Determination, as well as a full discussion 
of the issues raised by parties for this final determination, may be 
found in the accompanying Issues and Decision Memorandum.\3\ The Issues 
and 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 http://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 
Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov. The signed and electronic versions of the Issues 
and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Finished Carbon Steel Flanges from Italy: 
Issues and Decision Memorandum for the Final Determination of Sales 
at Less Than Fair Value,'' dated concurrently with this 
determination and hereby adopted by this notice.
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are finished carbon 
steel flanges from Italy. The Department did not receive any scope 
comments and has not updated the scope of the investigation since the 
Preliminary Determination. For a complete description of the scope of 
the investigation, see Appendix I of this notice.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by interested parties in this investigation are addressed in 
the Issues and Decision Memorandum. A list of these issues is attached 
to this notice at Appendix II.

Verification

    Because the mandatory respondents in this investigation did not 
provide the information requested, the Department did not conduct 
verification.

Changes Since the Preliminary Determination and Use of Adverse Facts 
Available

    The Department has made no changes to the Preliminary 
Determination. As stated in the Preliminary Determination, we found 
that the application of facts available with an adverse inference with 
respect to both mandatory respondents in this investigation, Metalfar 
and Melesi/ASFO, was warranted, in accordance with sections 776(a)(1), 
776(a)(2)(A)-(C), and 776(b) of the Act.\4\
---------------------------------------------------------------------------

    \4\ See Preliminary Determination, 82 FR at 9712 and PDM at 4-9.
---------------------------------------------------------------------------

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 three 
dumping margins calculated for subject merchandise from Italy alleged 
in the petition,\5\ in accordance with section 735(c)(5)(B) of the Act, 
and determined a rate of 79.17 percent. We made no changes to the all-
others rate for this final determination.\6\
---------------------------------------------------------------------------

    \5\ See Petitions for the Imposition of Antidumping Duties on 
Imports of Finished Carbon Steel Flanges from India, Italy and Spain 
and Countervailing Duties on Imports from India, dated June 30, 2016 
(the Petition) at Volume III; see also Letter from Petitioners to 
the Department, regarding ``Finished Carbon Steel Flanges from 
Italy: Second Supplemental Questionnaire Response,'' dated July 13, 
2016; see also Antidumping Duty Investigation Initiation Checklist: 
Finished Carbon Steel Flanges from Italy, dated July 20, 2016.
    \6\ See Preliminary Determination, 82 FR at 9712.
---------------------------------------------------------------------------

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                        dumping
                                                              margins
                                                             (percent)
------------------------------------------------------------------------
Metalfar Prodotti Industriali S.p.A.....................          204.53
Officine Ambrogio Melesi & C. S.r.l./ASFO S.p.A.........          204.53
All Other Producers and Exporters.......................           79.17
------------------------------------------------------------------------

Disclosure

    The estimated weighted-average dumping margins assigned to the 
mandatory respondents in this investigation in the Preliminary 
Determination were 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.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of flanges from Italy, 
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. Furthermore, 
the Department will instruct CBP to require a cash deposit for such 
entries of merchandise. 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 
Metalfar and Melesi/ASFO, the cash deposit rates 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 and exporters will be 
79.17 percent, as discussed in the ``All-Others Rate'' section and as 
listed in the chart, above.
    The instructions suspending liquidation will remain in effect until 
further notice.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of our final determination. 
Because the final determination in this proceeding is affirmative, in 
accordance with section 735(b)(2) of the Act, 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, or sales (or the likelihood of sales) for 
importation of finished carbon steel flanges from Italy no later than 
45 days after this final determination. If the ITC determines that 
material injury or threat of material injury does not exist, the 
proceeding will be terminated and all cash deposits will be refunded. 
If the ITC determines that such injury does exist, 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, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Notification Regarding Administrative Protective Orders

    This notice will serve as a reminder to parties subject to 
administrative

[[Page 29483]]

protective orders (APOs) 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 
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.

Notification to Interested Parties

    This determination and notice are issued and published in 
accordance with sections 735(d) and 777(i) of the Act and 19 CFR 
351.210(c).

    Dated: June 23, 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 
written description of the scope is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Discussion of the Issues:
    Comment 1: Collapsing of Melesi and ASFO
    Comment 2: Application of Total AFA to Melesi/ASFO
    Comment 3: Use of the Highest Petition Rate as the Total AFA 
Rate for Melesi/ASFO
    Comment 4: Verification of Melesi/ASFO
VI. Recommendation

[FR Doc. 2017-13629 Filed 6-28-17; 8:45 am]
BILLING CODE 3510-DS-P



                                                                              Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices                                                    29481

                                                protective order (APO) of their                           (i) 0.87 percent of aluminum;                          Comment 8: Whether to Countervail Funds
                                                responsibility concerning the                             (ii) 0.0105 percent of boron;                             Received by RNG Under the Focus
                                                disposition of proprietary information                    (iii) 10.10 percent of chromium;                          Product Scheme (FPS) During the POI
                                                disclosed under APO in accordance                         (iv) 1.55 percent of columbium;                      XI. Recommendation
                                                                                                          (v) 3.10 percent of copper;                          [FR Doc. 2017–13628 Filed 6–28–17; 8:45 am]
                                                with 19 CFR 351.305(a)(3). Timely
                                                                                                          (vi) 0.38 percent of lead;
                                                written notification of the return or                     (vii) 3.04 percent of manganese;
                                                                                                                                                               BILLING CODE 3510–DS–P
                                                destruction of APO materials, or                          (viii) 2.05 percent of molybdenum;
                                                conversion to judicial protective order,                  (ix) 20.15 percent of nickel;
                                                is hereby requested. Failure to comply                    (x) 1.55 percent of niobium;                         DEPARTMENT OF COMMERCE
                                                with the regulations and the terms of an                  (xi) 0.20 percent of nitrogen;
                                                APO is a sanctionable violation.                          (xii) 0.21 percent of phosphorus;                    International Trade Administration
                                                                                                          (xiii) 3.10 percent of silicon;                      [A–475–835]
                                                Notification to Interested Parties                        (xiv) 0.21 percent of sulfur;
                                                  This determination is issued and                        (xv) 1.05 percent of titanium;                       Finished Carbon Steel Flanges From
                                                published pursuant to sections 705(d)                     (xvi) 4.06 percent of tungsten;                      Italy: Final Determination of Sales at
                                                and 777(i)(1) of the Act and 19 CFR                       (xvii) 0.53 percent of vanadium; or                  Less Than Fair Value
                                                351.210.                                                  (xviii) 0.015 percent of zirconium.
                                                                                                          Finished carbon steel flanges are currently          AGENCY:   Enforcement and Compliance,
                                                  Dated: June 23, 2017                                  classified under subheadings 7307.91.5010              International Trade Administration,
                                                Ronald K. Lorentzen,                                    and 7307.91.5050 of the Harmonized Tariff              Department of Commerce.
                                                Acting Assistant Secretary for Enforcement              Schedule of the United States (HTSUS). They
                                                                                                        may also be entered under HTSUS                        SUMMARY: The Department of Commerce
                                                and Compliance .
                                                                                                        subheadings 7307.91.5030 and 7307.91.5070.             (Department) determines that imports of
                                                Appendix I                                              The HTSUS subheadings are provided for                 finished carbon steel flanges (flanges)
                                                Scope of the Investigation                              convenience and customs purposes; the                  from Italy are being, or are likely to be,
                                                                                                        written description of the scope is                    sold in the United States at less than fair
                                                   The scope of this investigation covers               dispositive.
                                                finished carbon steel flanges. Finished                                                                        value (LTFV). The final estimated
                                                carbon steel flanges differ from unfinished             Appendix II                                            weighted-average dumping margins of
                                                carbon steel flanges (also known as carbon                                                                     sales at LTFV are listed below in the
                                                steel flange forgings) in that they have                List of Topics Discussed in the Issues and             section entitled ‘‘Final Determination.’’
                                                undergone further processing after forging,             Decision Memorandum
                                                                                                                                                               The period of investigation is April 1,
                                                including, but not limited to, beveling, bore           I. Summary                                             2015, through March 31, 2016.
                                                threading, center or step boring, face                  II. Background
                                                machining, taper boring, machining ends or              III. Period of Investigation                           DATES: Effective June 29, 2017.
                                                surfaces, drilling bolt holes, and/or deburring         IV. Scope Comments                                     FOR FURTHER INFORMATION CONTACT:
                                                or shot blasting. Any one of these post-                V. Scope of the Investigation                          Moses Song or Edythe Artman, AD/CVD
                                                forging processes suffices to render the                VI. Subsidies Valuation Information                    Operations, Office VI, Enforcement and
                                                forging into a finished carbon steel flange for         VII. Benchmarks and Interest Rates                     Compliance, International Trade
                                                purposes of this investigation. However,                VIII. Use of Facts Otherwise Available and
                                                mere heat treatment of a carbon steel flange                                                                   Administration, U.S. Department of
                                                                                                              Adverse Inferences
                                                forging (without any other further processing                                                                  Commerce, 1401 Constitution Avenue
                                                                                                        IX. Analysis of Programs
                                                after forging) does not render the forging into            A. Programs Determined to be                        NW., Washington, DC 20230; telephone:
                                                a finished carbon steel flange for purposes of                Countervailable                                  (202) 482–5041, or (202) 482–3931,
                                                this investigation.                                        B. Programs Determined to be Not Used               respectively.
                                                   While these finished carbon steel flanges            X. Discussion of the Issues
                                                are generally manufactured to specification                                                                    SUPPLEMENTARY INFORMATION:
                                                                                                           Comment 1: Whether the Department
                                                ASME B16.5 or ASME B16.47 series A or                         Should Have Rejected the Government of           Background
                                                series B, the scope is not limited to flanges                 India’s Supplemental Questionnaire
                                                produced under those specifications. All                      Response                                           On February 8, 2017, the Department
                                                types of finished carbon steel flanges are                 Comment 2: Whether the Duty Drawback                published the Preliminary
                                                included in the scope regardless of pipe size                                                                  Determination in the Federal Register.1
                                                                                                              (DDB) Program Provides a
                                                (which may or may not be expressed in                                                                          In the Preliminary Determination, we
                                                                                                              Countervailable Subsidy
                                                inches of nominal pipe size), pressure class
                                                (usually, but not necessarily, expressed in
                                                                                                           Comment 3: Whether R.N. Gupta & Co.,                postponed the final determination until
                                                                                                              Ltd. (RNG) and USK Group Should                  no later than 135 days after the date of
                                                pounds of pressure, e.g., 150, 300, 400, 600,
                                                900, 1500, 2500, etc.), type of face (e.g., flat              Report Duty Export Pass Book (DEPB)              publication of the Preliminary
                                                face, full face, raised face, etc.), configuration            Licenses During the Average Useful Life          Determination, in accordance with
                                                (e.g., weld neck, slip on, socket weld, lap                   (AUL) Period Prior to the Period of
                                                                                                                                                               section 735(a)(2) of the Tariff Act of
                                                joint, threaded, etc.), wall thickness (usually,              Investigation (POI)
                                                                                                           Comment 4: Whether USK Group and RNG                1930, as amended (the Act).2
                                                but not necessarily, expressed in inches),                                                                       The petitioners in this investigation
                                                normalization, or whether or not heat treated.                Received Benefits from Certain
                                                These carbon steel flanges either meet or                     Government of India Majority-Owned               are Weldbend Corporation and Boltex
                                                exceed the requirements of the ASTM A105,                     Banks                                            Manufacturing Co., L.P. The two
                                                ASTM A694, ASTM A181, ASTM A350 and                        Comment 5: Whether the Export Promotion             mandatory respondents in this
                                                ASTM A707 standards (or comparable                            of Capital Goods Scheme (EPCGS)                  investigation are: (1) Metalfar Prodotti
                                                foreign specifications). The scope includes                   Provides a Countervailable Subsidy and           Industriali S.p.A. (Metalfar); and (2)
                                                                                                              Whether the EPCGS Used the Correct
sradovich on DSK3GMQ082PROD with NOTICES




                                                any flanges produced to the above-referenced                                                                   Officine Ambrogio Melesi & C. S.r.l.
                                                ASTM standards as currently stated or as                      Denominator for the Benefit Calculation
                                                may be amended. The term ‘‘carbon steel’’                     of Respondents                                     1 See Finished Carbon Steel Flanges from Italy:
                                                under this scope is steel in which: (a) Iron               Comment 6: Whether to Apply Adverse                 Preliminary Determination of Sales at Less Than
                                                predominates, by weight, over each of the                     Facts Available (AFA) to Norma’s AUL             Fair Value and Postponement of Final
                                                other contained elements: (b) The carbon                      Sales Data                                       Determination, 82 FR 9711 (February 8, 2017)
                                                content is 2 percent or less, by weight; and               Comment 7: Whether to Apply AFA to                  (Preliminary Determination), and accompanying
                                                (c) none of the elements listed below exceeds                 RNG’s Unaffiliated Indian Suppliers of           Preliminary Decision Memorandum (PDM).
                                                the quantity, by weight, as indicated:                        Subject Merchandise                                2 See Preliminary Determination, 82 FR at 9713.




                                           VerDate Sep<11>2014   18:29 Jun 28, 2017   Jkt 241001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\29JNN1.SGM   29JNN1


                                                29482                         Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices

                                                (Melesi)/ASFO S.p.A. (ASFO)                             in this investigation, Metalfar and                   Appendix I of this notice, which were
                                                (collectively, Melesi/ASFO).                            Melesi/ASFO, was warranted, in                        entered, or withdrawn from warehouse,
                                                   A summary of the events that                         accordance with sections 776(a)(1),                   for consumption on or after February 8,
                                                occurred since the Department                           776(a)(2)(A)–(C), and 776(b) of the Act.4             2017, the date of publication of the
                                                published the Preliminary                                                                                     Preliminary Determination.
                                                                                                        All-Others Rate
                                                Determination, as well as a full                                                                              Furthermore, the Department will
                                                discussion of the issues raised by parties                 As discussed in the Preliminary                    instruct CBP to require a cash deposit
                                                for this final determination, may be                    Determination, the Department based                   for such entries of merchandise.
                                                found in the accompanying Issues and                    the selection of the all-others rate on the Pursuant to section 735(c)(1)(B)(ii) of
                                                Decision Memorandum.3 The Issues and                    simple average of the three dumping                   the Act, CBP shall require a cash deposit
                                                Decision Memorandum is a public                         margins calculated for subject                        equal to the weighted-average amount
                                                document, and is on file electronically                 merchandise from Italy alleged in the                 by which normal value exceeds U.S.
                                                via Enforcement and Compliance’s                        petition,5 in accordance with section                 price, as follows: (1) For Metalfar and
                                                Antidumping and Countervailing Duty                     735(c)(5)(B) of the Act, and determined               Melesi/ASFO, the cash deposit rates
                                                Centralized Electronic Service System                   a rate of 79.17 percent. We made no                   will be equal to the estimated weighted-
                                                (ACCESS). ACCESS is available to                        changes to the all-others rate for this               average dumping margin which the
                                                registered users at http://                             final determination.6                                 Department determined in this final
                                                access.trade.gov, and to all parties in the             Final Determination                                   determination; (2) if the exporter is not
                                                Central Records Unit, Room B8024 of                                                                           a firm identified in this investigation
                                                                                                           The final estimated weighted-average               but the producer is, then the cash
                                                the main Department of Commerce
                                                                                                        dumping margins are as follows:                       deposit rate will be equal to the
                                                building. In addition, a complete
                                                version of the Issues and Decision                                                                            estimated weighted-average dumping
                                                                                                                                                  Weighted-
                                                Memorandum can be accessed directly                                                                average    margin established for the producer of
                                                at http://enforcement.trade.gov. The                         Producer or exporter                 dumping     the subject merchandise; (3) the cash
                                                signed and electronic versions of the                                                              margins    deposit rate for all other producers and
                                                                                                                                                  (percent)   exporters will be 79.17 percent, as
                                                Issues and Decision Memorandum are
                                                identical in content.                                                                                         discussed in the ‘‘All-Others Rate’’
                                                                                                        Metalfar Prodotti Industriali
                                                                                                          S.p.A .................................      204.53
                                                                                                                                                              section and as listed in the chart, above.
                                                Scope of the Investigation                                                                                       The instructions suspending
                                                                                                        Officine Ambrogio Melesi &
                                                   The products covered by this                           C. S.r.l./ASFO S.p.A .........               204.53 liquidation  will remain in effect until
                                                investigation are finished carbon steel                 All Other Producers and Ex-                           further notice.
                                                flanges from Italy. The Department did                    porters ...............................           79.17
                                                                                                                                                                    U.S. International Trade Commission
                                                not receive any scope comments and                                                                                  Notification
                                                has not updated the scope of the                        Disclosure
                                                investigation since the Preliminary                                                                                    In accordance with section 735(d) of
                                                                                                          The estimated weighted-average                            the Act, we will notify the U.S.
                                                Determination. For a complete                           dumping margins assigned to the
                                                description of the scope of the                                                                                     International Trade Commission (ITC) of
                                                                                                        mandatory respondents in this                               our final determination. Because the
                                                investigation, see Appendix I of this                   investigation in the Preliminary
                                                notice.                                                                                                             final determination in this proceeding is
                                                                                                        Determination were based on adverse                         affirmative, in accordance with section
                                                Analysis of Comments Received                           facts available and the Department                          735(b)(2) of the Act, the ITC will make
                                                                                                        described the method it used to                             its final determination as to whether the
                                                   All issues raised in the case and                    determine the adverse facts available
                                                rebuttal briefs that were submitted by                                                                              domestic industry in the United States
                                                                                                        rate in the Preliminary Determination.                      is materially injured, or threatened with
                                                interested parties in this investigation                As we made no changes to this margin
                                                are addressed in the Issues and Decision                                                                            material injury, by reason of imports, or
                                                                                                        since the Preliminary Determination, no                     sales (or the likelihood of sales) for
                                                Memorandum. A list of these issues is                   additional disclosure of calculations is
                                                attached to this notice at Appendix II.                                                                             importation of finished carbon steel
                                                                                                        necessary for this final determination.
                                                                                                                                                                    flanges from Italy no later than 45 days
                                                Verification                                            Continuation of Suspension of                               after this final determination. If the ITC
                                                  Because the mandatory respondents                     Liquidation                                                 determines that material injury or threat
                                                in this investigation did not provide the                  In accordance with section                               of material injury does not exist, the
                                                information requested, the Department                   735(c)(1)(B) of the Act, the Department                     proceeding will be terminated and all
                                                did not conduct verification.                           will instruct U.S. Customs and Border                       cash deposits will be refunded. If the
                                                                                                        Protection (CBP) to continue to suspend                     ITC determines that such injury does
                                                Changes Since the Preliminary
                                                                                                        liquidation of all appropriate entries of                   exist, the Department will issue an
                                                Determination and Use of Adverse
                                                                                                        flanges from Italy, as described in                         antidumping duty order directing CBP
                                                Facts Available
                                                                                                                                                                    to assess, upon further instruction by
                                                  The Department has made no changes                       4 See Preliminary Determination, 82 FR at 9712           the Department, antidumping duties on
                                                to the Preliminary Determination. As                    and PDM at 4–9.                                             all imports of the subject merchandise
                                                stated in the Preliminary Determination,                   5 See Petitions for the Imposition of Antidumping
                                                                                                                                                                    entered, or withdrawn from warehouse,
                                                we found that the application of facts                  Duties on Imports of Finished Carbon Steel Flanges          for consumption on or after the effective
                                                                                                        from India, Italy and Spain and Countervailing
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                                                available with an adverse inference with                                                                            date of the suspension of liquidation, as
                                                                                                        Duties on Imports from India, dated June 30, 2016
                                                respect to both mandatory respondents                   (the Petition) at Volume III; see also Letter from          discussed above in the ‘‘Continuation of
                                                                                                        Petitioners to the Department, regarding ‘‘Finished         Suspension of Liquidation’’ section.
                                                   3 See Memorandum, ‘‘Finished Carbon Steel            Carbon Steel Flanges from Italy: Second
                                                Flanges from Italy: Issues and Decision                 Supplemental Questionnaire Response,’’ dated July           Notification Regarding Administrative
                                                Memorandum for the Final Determination of Sales         13, 2016; see also Antidumping Duty Investigation           Protective Orders
                                                at Less Than Fair Value,’’ dated concurrently with      Initiation Checklist: Finished Carbon Steel Flanges
                                                this determination and hereby adopted by this           from Italy, dated July 20, 2016.                              This notice will serve as a reminder
                                                notice.                                                    6 See Preliminary Determination, 82 FR at 9712.          to parties subject to administrative


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                                                                              Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices                                                    29483

                                                protective orders (APOs) of their                         (c) none of the elements listed below                The period of investigation is April 1,
                                                responsibility concerning the                           exceeds the quantity, by weight, as indicated:         2015, through March 31, 2016.
                                                disposition of proprietary information                    (i) 0.87 percent of aluminum;
                                                                                                          (ii) 0.0105 percent of boron;                        DATES: Effective June 29, 2017.
                                                disclosed under APO in accordance                         (iii) 10.10 percent of chromium;                     FOR FURTHER INFORMATION CONTACT: Fred
                                                with 19 CFR 351.305(a)(3). Timely                         (iv) 1.55 percent of columbium;
                                                written notification of return or                                                                              Baker or Mark Flessner, AD/CVD
                                                                                                          (v) 3.10 percent of copper;                          Operations, Office VI, Enforcement and
                                                destruction of APO materials or                           (vi) 0.38 percent of lead;
                                                conversion to judicial protective order is                (vii) 3.04 percent of manganese;
                                                                                                                                                               Compliance, International Trade
                                                hereby requested. Failure to comply                       (viii) 2.05 percent of molybdenum;                   Administration, U.S. Department of
                                                with the regulations and the terms of an                  (ix) 20.15 percent of nickel;                        Commerce, 1401 Constitution Avenue
                                                APO is a sanctionable violation.                          (x) 1.55 percent of niobium;                         NW., Washington, DC 20230; telephone:
                                                                                                          (xi) 0.20 percent of nitrogen;                       (202) 482–2924, or (202) 482–6312,
                                                Notification to Interested Parties                        (xii) 0.21 percent of phosphorus;                    respectively.
                                                                                                          (xiii) 3.10 percent of silicon;
                                                   This determination and notice are                      (xiv) 0.21 percent of sulfur;                        SUPPLEMENTARY INFORMATION:
                                                issued and published in accordance                        (xv) 1.05 percent of titanium;
                                                with sections 735(d) and 777(i) of the                    (xvi) 4.06 percent of tungsten;
                                                                                                                                                               Background
                                                Act and 19 CFR 351.210(c).                                (xvii) 0.53 percent of vanadium; or                    On February 8, 2017, the Department
                                                  Dated: June 23, 2017.                                   (xviii) 0.015 percent of zirconium.                  published the Preliminary
                                                                                                          Finished carbon steel flanges are currently
                                                Ronald K. Lorentzen,                                                                                           Determination in the Federal Register.1
                                                                                                        classified under subheadings 7307.91.5010
                                                Acting Assistant Secretary for Enforcement              and 7307.91.5050 of the Harmonized Tariff              In the Preliminary Determination, we
                                                and Compliance.                                         Schedule of the United States (HTSUS). They            postponed the final determination until
                                                                                                        may also be entered under HTSUS                        no later than 135 days after the date of
                                                Appendix I                                                                                                     publication of the Preliminary
                                                                                                        subheadings 7307.91.5030 and 7307.91.5070.
                                                Scope of the Investigation                              The HTSUS subheadings are provided for                 Determination, in accordance with
                                                   The scope of this investigation covers               convenience and customs purposes; the                  section 735(a)(2) of the Tariff Act of
                                                finished carbon steel flanges. Finished                 written description of the scope is                    1930, as amended (the Act).2
                                                carbon steel flanges differ from unfinished             dispositive.
                                                                                                                                                                 The petitioners in this investigation
                                                carbon steel flanges (also known as carbon              Appendix II                                            are Weldbend Corporation and Boltex
                                                steel flange forgings) in that they have                                                                       Manufacturing Co., L.P. The two
                                                undergone further processing after forging,             List of Topics Discussed in the Issues and
                                                including, but not limited to, beveling, bore           Decision Memorandum                                    mandatory respondents in this
                                                threading, center or step boring, face                                                                         investigation are: R. N. Gupta & Co., Ltd.
                                                                                                        I. Summary
                                                machining, taper boring, machining ends or              II. Background                                         (Gupta); and Norma (India) Limited
                                                surfaces, drilling bolt holes, and/or de-               III. Period of Investigation                           (Norma).
                                                burring or shot blasting. Any one of these              IV. Scope of the Investigation                           A summary of the events that
                                                post-forging processes suffices to render the           V. Discussion of the Issues:                           occurred since the Department
                                                forging into a finished carbon steel flange for            Comment 1: Collapsing of Melesi and                 published the Preliminary
                                                purposes of this investigation. However,                      ASFO
                                                mere heat treatment of a carbon steel flange
                                                                                                                                                               Determination, as well as a full
                                                                                                           Comment 2: Application of Total AFA to              discussion of the issues raised by parties
                                                forging (without any other further processing                 Melesi/ASFO
                                                after forging) does not render the forging into                                                                for this final determination, may be
                                                                                                           Comment 3: Use of the Highest Petition
                                                a finished carbon steel flange for purposes of                Rate as the Total AFA Rate for Melesi/           found in the accompanying Issues and
                                                this investigation.                                           ASFO                                             Decision Memorandum.3 The Issues and
                                                   While these finished carbon steel flanges               Comment 4: Verification of Melesi/ASFO              Decision Memorandum is a public
                                                are generally manufactured to specification             VI. Recommendation                                     document, and is on file electronically
                                                ASME B16.5 or ASME B16.47 series A or                                                                          via Enforcement and Compliance’s
                                                series B, the scope is not limited to flanges           [FR Doc. 2017–13629 Filed 6–28–17; 8:45 am]
                                                produced under those specifications. All                BILLING CODE 3510–DS–P
                                                                                                                                                               Antidumping and Countervailing Duty
                                                types of finished carbon steel flanges are                                                                     Centralized Electronic Service System
                                                included in the scope regardless of pipe size                                                                  (ACCESS). ACCESS is available to
                                                (which may or may not be expressed in                   DEPARTMENT OF COMMERCE                                 registered users at http://
                                                inches of nominal pipe size), pressure class                                                                   access.trade.gov, and is available to all
                                                (usually, but not necessarily, expressed in             International Trade Administration                     parties in the Central Records Unit,
                                                pounds of pressure, e.g., 150, 300, 400, 600,                                                                  room B8024 of the main Department of
                                                900, 1500, 2500, etc.), type of face (e.g., flat        [A–533–871]
                                                                                                                                                               Commerce building. In addition, a
                                                face, full face, raised face, etc.), configuration
                                                                                                        Finished Carbon Steel Flanges From                     complete version of the Issues and
                                                (e.g., weld neck, slip on, socket weld, lap
                                                joint, threaded, etc.), wall thickness (usually,        India: Final Determination of Sales at                 Decision Memorandum can be accessed
                                                but not necessarily, expressed in inches),              Less Than Fair Value                                   directly at http://enforcement.trade.gov.
                                                normalization, or whether or not heat treated.                                                                 The signed and electronic versions of
                                                These carbon steel flanges either meet or               AGENCY:   Enforcement and Compliance,
                                                exceed the requirements of the ASTM A105,               International Trade Administration,                       1 See Finished Carbon Steel Flanges from India:

                                                ASTM A694, ASTM A181, ASTM A350 and                     Department of Commerce.                                Preliminary Determination of Sales at Less Than
                                                ASTM A707 standards (or comparable                      SUMMARY: The Department of Commerce                    Fair Value and Postponement of Final
                                                foreign specifications). The scope includes                                                                    Determination, 82 FR 9719 (February 8, 2017)
                                                                                                        (Department) determines that imports of
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                                                any flanges produced to the above-referenced                                                                   (Preliminary Determination), and accompanying
                                                                                                        finished carbon steel flanges (flanges)                Preliminary Decision Memorandum (PDM).
                                                ASTM standards as currently stated or as
                                                                                                        from India are being, or are likely to be,                2 See Preliminary Determination, 82 FR at 9721.
                                                may be amended. The term ‘‘carbon steel’’
                                                under this scope is steel in which:                     sold in the United States at less than fair               3 See Memorandum, ‘‘Finished Carbon Steel

                                                                                                        value (LTFV). The final estimated                      Flanges from India: Issues and Decision
                                                   (a) Iron predominates, by weight, over each                                                                 Memorandum for the Final Determination of Sales
                                                of the other contained elements:                        weighted-average dumping margins of                    at Less Than Fair Value,’’ dated concurrently with
                                                   (b) The carbon content is 2 percent or less,         sales at LTFV are listed below in the                  this determination and hereby adopted by this
                                                by weight; and                                          section entitled ‘‘Final Determination.’’              notice.



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Document Created: 2018-11-14 10:17:16
Document Modified: 2018-11-14 10:17:16
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 June 29, 2017.
ContactMoses Song or Edythe Artman, 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) 482-5041, or (202) 482- 3931, respectively.
FR Citation82 FR 29481 

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