82_FR_29607 82 FR 29483 - Finished Carbon Steel Flanges From India: Final Determination of Sales at Less Than Fair Value

82 FR 29483 - Finished Carbon Steel Flanges From India: 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 Range29483-29485
FR Document2017-13627

The Department of Commerce (Department) determines that imports of finished carbon steel flanges (flanges) from India 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 29483-29485]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13627]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-871]


Finished Carbon Steel Flanges From India: 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 India 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: Fred Baker or Mark Flessner, 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) 482-2924, or (202) 482-
6312, 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\
---------------------------------------------------------------------------

    \1\ See Finished Carbon Steel Flanges from India: Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination, 82 FR 9719 (February 8, 2017) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum 
(PDM).
    \2\ See Preliminary Determination, 82 FR at 9721.
---------------------------------------------------------------------------

    The petitioners in this investigation are Weldbend Corporation and 
Boltex Manufacturing Co., L.P. The two mandatory respondents in this 
investigation are: R. N. Gupta & Co., Ltd. (Gupta); and Norma (India) 
Limited (Norma).
    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 
is available 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

[[Page 29484]]

the Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Finished Carbon Steel Flanges from India: 
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 India. 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

    As provided in section 782(i) of the Act, in February 2017, we 
conducted sales and cost verifications of the questionnaire responses 
submitted by Gupta and Norma. We used standard verification procedures, 
including an examination of relevant accounting and production records, 
as well as original source documents provided by both respondents.

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the dumping margin 
calculations for each respondent, Gupta and Norma. For a discussion of 
these changes, see the Issues and Decision Memorandum.

All-Others Rate

    Sections 735(c)(1)(B)(i)(II) and 735(c)(5) of the Act provide that 
in the final determination the Department shall determine an estimated 
all-others rate for all exporters and producers not individually 
investigated. Section 735(c)(5)(A) of the Act states that, generally, 
the estimated rate for all others shall be an amount equal to the 
weighted average of the estimated weighted-average dumping margins 
established for exporters and producers individually investigated, 
excluding any zero and de minimis margins, and any margins determined 
entirely under section 776 of the Act. In this investigation, we 
calculated weighted-average dumping margins for both mandatory 
respondents that are above de minimis and which are not based on 
section 776 of the Act. However, because there are only two weighted-
average dumping margins for this final determination, using a weighted-
average of these two rates risks disclosure of business proprietary 
data. Therefore, the Department assigned a margin to the all-others 
rate companies based on the simple average of the two mandatory 
respondents' rates.\4\
---------------------------------------------------------------------------

    \4\ We calculated a simple average because the record does not 
contain usable publicly ranged data for both respondents.
---------------------------------------------------------------------------

Final Determination

    The Department determines, as provided in section 735 of the Act, 
the following weighted-average dumping margins for the period April 1, 
2015 through March 31, 2016:

------------------------------------------------------------------------
                                             Weighted-     Cash deposit
                                              average      adjusted for
            Exporter/producer                 margins     subsidy offset
                                             (percent)       (percent)
------------------------------------------------------------------------
Norma (India) Limited/USK Exports                  11.32            8.56
 Private Limited/Uma Shanker Khandelwal
 & Co./Bansidhar Chiranjilal............
R. N. Gupta & Co., Ltd..................           12.58            9.27
All-Others..............................           11.95            8.91
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed to interested 
parties in this proceeding within five days of the date of 
announcement, in accordance with 19 CFR 351.224(b).

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 India, 
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. The Department normally adjusts cash deposits 
for estimated antidumping duties by the amount of export subsidies 
countervailed in a companion countervailing duty (CVD) proceeding, when 
CVD provisional measures are in effect. Accordingly, where the 
Department made an affirmative determination for countervailable export 
subsidies, the Department has offset the estimated weighted-average 
dumping margin by the appropriate CVD rate.\5\ Any such adjusted cash 
deposit rate may be found in the ``Final Determination'' section, 
above. 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 Gupta and Norma, 
the cash deposit rates will be the cash deposit rates adjusted for 
export subsidies listed above; (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 adjusted cash deposit rate 
established for the producer of the subject merchandise; (3) the cash 
deposit rate for all other producers or exporters will be 8.91 percent, 
as discussed in the ``All-Others Rate'' section and as listed in the 
chart, above.
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    \5\ See Memorandum, ``Analysis for the Final Determination of 
the Antidumping Duty Investigation of Finished Carbon Steel Flanges 
(Flanges) from Turkey: R. N. Gupta & Co., Ltd. (Gupta)'' dated June 
23, 2017; see also Memorandum, ``Analysis for the Final 
Determination of the Antidumping Duty Investigation of Finished 
Carbon Steel Flanges (Flanges) from Turkey: Norma (India) Limited 
(Norma),'' dated June 23, 2017.
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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 India no later than 
45 days after our final determination. If the ITC determines that 
material injury or threat

[[Page 29485]]

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 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 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. List of Issues
III. Background
IV. Scope of the Investigation
V. Discussion of the Issues:
    Comment 1: Excess Cash Deposits
    Comment 2: Adverse Facts Available for Norma's Cost Data
    Comment 3: Offset to Costs for Miscellaneous Income
    Comment 4: Currency Conversion
    Comment 5: Gupta's Reported Scrap Offset Claim
    Comment 6: Adjustment of Gupta's Reported Costs Due to an 
Alleged Understatement of Costs
    Comment 7: Adjustment of Gupta's General and Administrative 
Expenses for Costs Incurred by an Affiliate
    Comment 8: Adjustment of Gupta's General and Administrative 
Expenses for Unreported Costs
    Comment 9: Gupta's Reported Financial Expenses
    Comment 10: Differential Pricing Test
VI. Recommendation

[FR Doc. 2017-13627 Filed 6-28-17; 8:45 am]
BILLING CODE 3510-DS-P



                                                                              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
sradovich on DSK3GMQ082PROD with NOTICES




                                                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.



                                           VerDate Sep<11>2014   18:29 Jun 28, 2017   Jkt 241001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\29JNN1.SGM   29JNN1


                                                29484                                     Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices

                                                the Issues and Decision Memorandum                                          Gupta and Norma. We used standard                                            weighted-average dumping margins
                                                are identical in content.                                                   verification procedures, including an                                        established for exporters and producers
                                                                                                                            examination of relevant accounting and                                       individually investigated, excluding any
                                                Scope of the Investigation
                                                                                                                            production records, as well as original                                      zero and de minimis margins, and any
                                                   The products covered by this                                             source documents provided by both                                            margins determined entirely under
                                                investigation are finished carbon steel                                     respondents.                                                                 section 776 of the Act. In this
                                                flanges from India. The Department did                                                                                                                   investigation, we calculated weighted-
                                                not receive any scope comments, and                                         Changes Since the Preliminary
                                                                                                                            Determination                                                                average dumping margins for both
                                                has not updated the scope of the                                                                                                                         mandatory respondents that are above
                                                investigation since the Preliminary                                            Based on our analysis of the                                              de minimis and which are not based on
                                                Determination. For a complete                                               comments received and our findings at                                        section 776 of the Act. However,
                                                description of the scope of the                                             verification, we made certain changes to                                     because there are only two weighted-
                                                investigation, see Appendix I of this                                       the dumping margin calculations for                                          average dumping margins for this final
                                                notice.                                                                     each respondent, Gupta and Norma. For                                        determination, using a weighted-average
                                                                                                                            a discussion of these changes, see the                                       of these two rates risks disclosure of
                                                Analysis of Comments Received                                               Issues and Decision Memorandum.                                              business proprietary data. Therefore, the
                                                   All issues raised in the case and
                                                                                                                            All-Others Rate                                                              Department assigned a margin to the all-
                                                rebuttal briefs that were submitted by
                                                                                                                               Sections 735(c)(1)(B)(i)(II) and                                          others rate companies based on the
                                                interested parties in this investigation
                                                                                                                            735(c)(5) of the Act provide that in the                                     simple average of the two mandatory
                                                are addressed in the Issues and Decision
                                                                                                                            final determination the Department                                           respondents’ rates.4
                                                Memorandum. A list of these issues is
                                                attached to this notice at Appendix II.                                     shall determine an estimated all-others                                      Final Determination
                                                                                                                            rate for all exporters and producers not
                                                Verification                                                                individually investigated. Section                                             The Department determines, as
                                                  As provided in section 782(i) of the                                      735(c)(5)(A) of the Act states that,                                         provided in section 735 of the Act, the
                                                Act, in February 2017, we conducted                                         generally, the estimated rate for all                                        following weighted-average dumping
                                                sales and cost verifications of the                                         others shall be an amount equal to the                                       margins for the period April 1, 2015
                                                questionnaire responses submitted by                                        weighted average of the estimated                                            through March 31, 2016:

                                                                                                                                                                                                                               Weighted-     Cash deposit
                                                                                                                                                                                                                                average       adjusted for
                                                                                                                        Exporter/producer                                                                                       margins      subsidy offset
                                                                                                                                                                                                                               (percent)       (percent)

                                                Norma (India) Limited/USK Exports Private Limited/Uma Shanker Khandelwal & Co./Bansidhar Chiranjilal .......                                                                         11.32                8.56
                                                R. N. Gupta & Co., Ltd ............................................................................................................................................                  12.58                9.27
                                                All-Others .................................................................................................................................................................         11.95                8.91



                                                Disclosure                                                                  duties by the amount of export subsidies                                     for the producer of the subject
                                                                                                                            countervailed in a companion                                                 merchandise; (3) the cash deposit rate
                                                  We intend to disclose the calculations
                                                performed to interested parties in this                                     countervailing duty (CVD) proceeding,                                        for all other producers or exporters will
                                                proceeding within five days of the date                                     when CVD provisional measures are in                                         be 8.91 percent, as discussed in the
                                                of announcement, in accordance with                                         effect. Accordingly, where the                                               ‘‘All-Others Rate’’ section and as listed
                                                19 CFR 351.224(b).                                                          Department made an affirmative                                               in the chart, above.
                                                                                                                            determination for countervailable export
                                                Continuation of Suspension of                                                                                                                            U.S. International Trade Commission
                                                                                                                            subsidies, the Department has offset the
                                                Liquidation                                                                                                                                              Notification
                                                                                                                            estimated weighted-average dumping
                                                   In accordance with section                                               margin by the appropriate CVD rate.5                                            In accordance with section 735(d) of
                                                735(c)(1)(B) of the Act, the Department                                     Any such adjusted cash deposit rate                                          the Act, we will notify the U.S.
                                                will instruct U.S. Customs and Border                                       may be found in the ‘‘Final                                                  International Trade Commission (ITC) of
                                                Protection (CBP) to continue to suspend                                     Determination’’ section, above. Pursuant                                     our final determination. Because the
                                                liquidation of all appropriate entries of                                   to section 735(c)(1)(B)(ii) of the Act,                                      final determination in this proceeding is
                                                flanges from India, as described in                                         CBP shall require a cash deposit equal                                       affirmative, in accordance with section
                                                Appendix I of this notice, which were                                       to the weighted-average amount by                                            735(b)(2) of the Act, the ITC will make
                                                entered, or withdrawn from warehouse,                                       which normal value exceeds U.S. price,                                       its final determination as to whether the
                                                for consumption on or after February 8,                                     as follows: (1) For Gupta and Norma, the                                     domestic industry in the United States
                                                2017, the date of publication of the                                        cash deposit rates will be the cash                                          is materially injured, or threatened with
                                                Preliminary Determination.                                                  deposit rates adjusted for export                                            material injury, by reason of imports, or
                                                Furthermore, the Department will                                            subsidies listed above; (2) if the exporter                                  sales (or the likelihood of sales) for
                                                instruct CBP to require a cash deposit                                      is not a firm identified in this                                             importation of finished carbon steel
                                                for such entries of merchandise. The                                        investigation but the producer is, then                                      flanges from India no later than 45 days
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                                                Department normally adjusts cash                                            the cash deposit rate will be equal to the                                   after our final determination. If the ITC
                                                deposits for estimated antidumping                                          adjusted cash deposit rate established                                       determines that material injury or threat
                                                  4 We calculated a simple average because the                              Investigation of Finished Carbon Steel Flanges                               Investigation of Finished Carbon Steel Flanges
                                                record does not contain usable publicly ranged data                         (Flanges) from Turkey: R. N. Gupta & Co., Ltd.                               (Flanges) from Turkey: Norma (India) Limited
                                                for both respondents.                                                       (Gupta)’’ dated June 23, 2017; see also                                      (Norma),’’ dated June 23, 2017.
                                                  5 See Memorandum, ‘‘Analysis for the Final                                Memorandum, ‘‘Analysis for the Final
                                                Determination of the Antidumping Duty                                       Determination of the Antidumping Duty



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                                                                              Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices                                                  29485

                                                of material injury does not exist, the                  (usually, but not necessarily, expressed in              Comment 8: Adjustment of Gupta’s General
                                                proceeding will be terminated and all                   pounds of pressure, e.g., 150, 300, 400, 600,               and Administrative Expenses for
                                                cash deposits will be refunded. If the                  900, 1500, 2500, etc.), type of face (e.g., flat            Unreported Costs
                                                                                                        face, full face, raised face, etc.), configuration       Comment 9: Gupta’s Reported Financial
                                                ITC determines that such injury does
                                                                                                        (e.g., weld neck, slip on, socket weld, lap                 Expenses
                                                exist, the Department will issue an                                                                              Comment 10: Differential Pricing Test
                                                                                                        joint, threaded, etc.), wall thickness (usually,
                                                antidumping order directing CBP to                      but not necessarily, expressed in inches),             VI. Recommendation
                                                assess, upon further instruction by the                 normalization, or whether or not heat treated.         [FR Doc. 2017–13627 Filed 6–28–17; 8:45 am]
                                                Department, antidumping duties on all                   These carbon steel flanges either meet or              BILLING CODE 3510–DS–P
                                                imports of the subject merchandise                      exceed the requirements of the ASTM A105,
                                                entered, or withdrawn from warehouse,                   ASTM A694, ASTM A181, ASTM A350 and
                                                for consumption on or after the effective               ASTM A707 standards (or comparable
                                                                                                                                                               DEPARTMENT OF COMMERCE
                                                date of the suspension of liquidation, as               foreign specifications). The scope includes
                                                discussed above in the ‘‘Continuation of                any flanges produced to the above-referenced           National Oceanic and Atmospheric
                                                Suspension of Liquidation’’ section.                    ASTM standards as currently stated or as
                                                                                                                                                               Administration
                                                                                                        may be amended. The term ‘‘carbon steel’’
                                                Notification Regarding Administrative                   under this scope is steel in which:                    RIN 0648–XF504
                                                Protective Orders                                          (a) Iron predominates, by weight, over each
                                                  This notice will serve as a reminder                  of the other contained elements:                       New England Fishery Management
                                                                                                           (b) The carbon content is 2 percent or less,        Council; Public Meeting
                                                to parties subject to administrative
                                                                                                        by weight; and
                                                protective orders (APOs) of their                          (c) none of the elements listed below               AGENCY:  National Marine Fisheries
                                                responsibility concerning the                           exceeds the quantity, by weight, as indicated:         Service (NMFS), National Oceanic and
                                                disposition of proprietary information                     (i) 0.87 percent of aluminum;                       Atmospheric Administration (NOAA),
                                                disclosed under APO in accordance                          (ii) 0.0105 percent of boron;                       Commerce.
                                                with 19 CFR 351.305(a)(3). Timely                          (iii) 10.10 percent of chromium;                    ACTION: Notice; public meeting.
                                                written notification of return or                          (iv) 1.55 percent of columbium;
                                                destruction of APO materials or                            (v) 3.10 percent of copper;                         SUMMARY:   The New England Fishery
                                                conversion to judicial protective order is                 (vi) 0.38 percent of lead;                          Management Council (Council) is
                                                hereby requested. Failure to comply                        (vii) 3.04 percent of manganese;                    scheduling a public meeting of its
                                                with the regulations and the terms of an                   (viii) 2.05 percent of molybdenum;                  Research Steering Committee to
                                                APO is a sanctionable violation.                           (ix) 20.15 percent of nickel;                       consider actions affecting New England
                                                                                                           (x) 1.55 percent of niobium;
                                                                                                                                                               fisheries in the exclusive economic zone
                                                Notification to Interested Parties                         (xi) 0.20 percent of nitrogen;
                                                                                                           (xii) 0.21 percent of phosphorus;                   (EEZ). Recommendations from this
                                                   This determination and notice are                                                                           group will be brought to the full Council
                                                                                                           (xiii) 3.10 percent of silicon;
                                                issued and published in accordance                         (xiv) 0.21 percent of sulfur;                       for formal consideration and action, if
                                                with sections 735(d) and 777(i) of the                     (xv) 1.05 percent of titanium;                      appropriate.
                                                Act and 19 CFR 351.210(c).                                 (xvi) 4.06 percent of tungsten;                     DATES: This meeting will be held on
                                                  Dated: June 23, 2017.                                    (xvii) 0.53 percent of vanadium; or                 Wednesday, July 19, 2017 at 9:30 a.m.
                                                Ronald K. Lorentzen,                                       (xviii) 0.015 percent of zirconium.
                                                                                                           Finished carbon steel flanges are currently         ADDRESSES:
                                                Acting Assistant Secretary for Enforcement                                                                        Meeting address: The meeting will be
                                                                                                        classified under subheadings 7307.91.5010
                                                and Compliance.                                                                                                held at the Holiday Inn, 700 Myles
                                                                                                        and 7307.91.5050 of the Harmonized Tariff
                                                Appendix I                                              Schedule of the United States (HTSUS). They            Standish Boulevard, Taunton, MA
                                                                                                        may also be entered under HTSUS                        02780: (508) 823–0430.
                                                Scope of the Investigation                              subheadings 7307.91.5030 and 7307.91.5070.                Council address: New England
                                                   The scope of this investigation covers               The HTSUS subheadings are provided for                 Fishery Management Council, 50 Water
                                                finished carbon steel flanges. Finished                 convenience and customs purposes; the                  Street, Mill 2, Newburyport, MA 01950.
                                                carbon steel flanges differ from unfinished             written description of the scope is                    FOR FURTHER INFORMATION CONTACT:
                                                carbon steel flanges (also known as carbon              dispositive.
                                                steel flange forgings) in that they have                                                                       Thomas A. Nies, Executive Director,
                                                undergone further processing after forging,             Appendix II                                            New England Fishery Management
                                                including, but not limited to, beveling, bore                                                                  Council; telephone: (978) 465–0492.
                                                                                                        List of Topics Discussed in the Issues and
                                                threading, center or step boring, face                  Decision Memorandum                                    SUPPLEMENTARY INFORMATION:
                                                machining, taper boring, machining ends or
                                                surfaces, drilling bolt holes, and/or de-               I. Summary                                             Agenda
                                                burring or shot blasting. Any one of these              II. List of Issues
                                                                                                        III. Background
                                                                                                                                                                 The Research Steering Committee will
                                                post-forging processes suffices to render the                                                                  discuss how recently set priorities may
                                                forging into a finished carbon steel flange for         IV. Scope of the Investigation
                                                purposes of this investigation. However,                V. Discussion of the Issues:                           be accomplished and potential
                                                mere heat treatment of a carbon steel flange               Comment 1: Excess Cash Deposits                     improvements to the priority setting
                                                forging (without any other further processing              Comment 2: Adverse Facts Available for              process. The Committee will receive an
                                                after forging) does not render the forging into               Norma’s Cost Data                                update on recent Northeast Cooperative
                                                a finished carbon steel flange for purposes of             Comment 3: Offset to Costs for                      Research Program (NCRP) activities,
                                                this investigation.                                           Miscellaneous Income                             discuss the recent programmatic review
                                                   While these finished carbon steel flanges               Comment 4: Currency Conversion                      and develop recommendations for how
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                                                are generally manufactured to specification                Comment 5: Gupta’s Reported Scrap Offset            the program may help address Council
                                                ASME B16.5 or ASME B16.47 series A or                         Claim
                                                                                                           Comment 6: Adjustment of Gupta’s
                                                                                                                                                               research priorities and other
                                                series B, the scope is not limited to flanges
                                                produced under those specifications. All                      Reported Costs Due to an Alleged                 improvements. They will also receive a
                                                types of finished carbon steel flanges are                    Understatement of Costs                          presentation on creating a vision for the
                                                included in the scope regardless of pipe size              Comment 7: Adjustment of Gupta’s General            future of stock assessment using
                                                (which may or may not be expressed in                         and Administrative Expenses for Costs            technologies currently in development
                                                inches of nominal pipe size), pressure class                  Incurred by an Affiliate                         as well as review completed research


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Document Created: 2018-11-14 10:16:57
Document Modified: 2018-11-14 10:16:57
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.
ContactFred Baker or Mark Flessner, 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) 482-2924, or (202) 482- 6312, respectively.
FR Citation82 FR 29483 

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